HelloFresh class action claims company engages in illegal auto renewal scheme

HelloFresh auto renewal class action overview:

• Who: A HelloFresh consumer is suing the food delivery company.
• Why: The plaintiff says the company illegally auto-renews customers subscriptions without proper notice.
• Where: The HelloFresh class action was filed in a California federal court.

HelloFresh runs an illegal “automatic renewal” scheme with its food delivery subscriptions, a new class action lawsuit alleges. 

Plaintiff Amanda McClure filed the class action complaint against Grocery Delivery E-Services Usa Inc. (HelloFresh) Sept. 7 in a California federal court, alleging violations of the California Automatic Renewal Law and other consumer laws.

When consumers sign up for the HelloFresh Subscriptions through the HelloFresh Website, the company actually enrolls consumers in a program that automatically renews customers’ subscriptions from week-to-week and results in weekly charges, the HelloFresh class action alleges. 

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

HelloFresh should have obtained affirmative consent, lawsuit alleges

McClure’s HelloFresh subscription was automatically renewed without her knowledge in March, and she was charged $69.93, she says. 

Under the ARL, online retailers who offer automatically renewing subscriptions to California consumers must obtain affirmative consent prior to the consumer’s purchase and provide the complete auto-renewal terms in a “clear and conspicuous” manner. 

McClure alleges that HelloFresh did not do this, and took advantage of the fact it has customers billing information on file.

“Defendant is able to unilaterally charge its customers’ renewal fees without their consent, as Defendant is in possession of its customers’ billing information,” the lawsuit states. 

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

McClure is suing on behalf of all California purchasers of HelloFresh subscriptions who incurred unauthorized charges for the renewal of their HelloFresh subscriptions. 

She’s seeking damages, restitution, declaratory relief, injunctive relief, fees, costs and a jury trial. 

Meanwhile, HelloFresh failed to design its website so that it would be fully accessible to blind and visually impaired individuals, another class action lawsuit filed this year alleges.

Was your HelloFresh subscription renewed without your express consent? Let us know your experience in the comments! 

The plaintiff is represented by L. Timothy Fisher. Joseph I. Marchese and Alec M. Leslie of Bursor & Fisher, P.A. and Adrian Gucovschi of Gucovschi Rozenshteyn, PLLC. 

The HelloFresh class action lawsuit is Amanda McClure v. HelloFresh, Case No. 5:22-cv-05077 in the U.S. District Court for the Northern District of California.

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