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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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25 thoughts onHelloFresh class action claims company engages in illegal auto renewal scheme
I cancelled my subscription in 2020 and just received a box and was billed for it with absolutely no authorization and notice. When I demanded a refund and to be informed how that had happened, the customer service rep supervisor said “you clicked an advertising [sic] from HelloFresh that triggers the account to reactivate itself and automatically charged you and placed the order.” I have the screenshots of the chat. I demanded a refund and cancellation or I am doing a chargeback, but surely this can’t be legal?
Same thing happened to me. I was a subscriber to HF FOUR YEARS AGO and out of nowhere, THEY renewed my subscription and sent me a box. I never authorized it in any way. When I called, the guy just kept saying there’s nothing they could do since this was “authorized.” When I ask who it was authorized by, he had no answer. This place is a total scam company.
I checked out HelloFresh’s website to see their meal options if it’s right for me and my family. The way the company designed their website, customers have to provide their payment detail before they were able to see the menu which I did. Upon checking the menu of the week, I decided not to go through with it because I didn’t like any of the meal options. I didn’t make any purchase. I did not choose any of the meal options either.
…….same thing happened to me. BBB has 1600 complaints for this exact same thing. Please add me.