Bespoke Post class action claims company automatically renews, charges customers for subscriptions

Bespoke auto-renewal class action overview: 

• Who: A Bespoke Post customer filed a class action lawsuit against the company. 
• Why: The plaintiff alleges the company illegally renews customers’ subscriptions without their permission. 
• Where: The Bespoke auto-renewal class action was filed in a New York federal court. 

Bespoke Post automatically renews customers’ subscriptions without the legally-required notice and permission from the consumer, a new class action lawsuit alleges. 

Plaintiff Roxanne Garcia filed the class action complaint against nabfly Inc. (Bespoke Post) on Feb. 10 in a New York federal court, alleging violations of state and federal consumer laws. 

Bespoke Post makes and distributes subscription boxes containing a curated selection of products – including, among other things, cocktail kits, shave sets, and coffee products – that are delivered on a monthly basis, the plaintiff states.

According to the lawsuit, Bespoke Post has been engaging in an illegal “automatic renewal” scheme with respect to its subscription plans for Bespoke Post-branded products and services available exclusively to consumers who enroll in its auto-renewal membership program.

When consumers sign up for the Bespoke Post Subscription, the company actually enrolls them in a program that automatically renews the Bespoke Post Subscription from month-to-month and results in monthly charges to the consumer’s credit card, debit card, or third-party payment account, the lawsuit states. 

“In doing so, Defendant fails to provide the requisite disclosures and authorizations required to be made to California consumers under California’s Automatic Renewal Law (ARL),” it says.

California law requires renewals gain ‘affirmative consent,’ lawsuit states

Under the ARL, online retailers who offer automatically renewing subscriptions to California consumers must provide the complete automatic renewal offer terms in a clear and conspicuous manner and obtain consumers’ affirmative consent prior to charging them. Bespoke Post does not do this, Garcia says, which leads to consumers incurring fees. 

They must also make it easy to cancel a subscription. Instead, Bespoke Post “makes it exceedingly difficult and unnecessarily confusing for consumers to cancel their Bespoke Post Subscription,” the lawsuit states. 

“Defendant has made the deliberate decision to charge Plaintiff and other similarly situated customers on a monthly basis, absent their consent under the ARL, relying on consumer confusion and inertia to retain customers, combat consumer churn, and bolster its revenues”

The plaintiff seeks to represent all California purchasers of Defendant’s Bespoke Post Subscription who incurred unauthorized fees for the renewal of the subscription. Garcia seeks damages, restitution, declaratory relief, injunctive relief, and reasonable attorneys’ fees and costs,

Meanwhile, consumers filed a trio of class action lawsuits recently against companies accused of unlawfully automatically renewing customer subscriptions. 

The consumers behind the complaints argue the companies — The Athletic Media Company, HungryRoot and FloSports — break the law with the way they automatically renew customer subscriptions. 

Were you auto-enrolled in a Bespoke Post subscription? Let us know in the comments! 

The plaintiff is represented by Frederick J. Klorczyk III, Neal J. Deckant and Julia K. Venditti of Bursor & Fisher P.A. 

The Nabfly class action lawsuit is Roxanne Garcia et al., v. Nabfly Inc., Case No. 1:23-cv-01162 in the U.S. District Court for the Southern District of New York. 

Read About More Class Action Lawsuits & Class Action Settlements:

• OnStar class action claims company made auto-payments from customer bank accounts after cancellation
• Consumers file class actions over subscription auto-renewal policies
• NFL Sunday Ticket lawsuit gets class certification from judge
• The Athletic class action claims publication operates illegal ‘automatic renewal’ scheme