Turbine Class Action Says Automatic Renewal Terms are Unlawful

A California man is suing computer game developer Turbine Inc. alleging the company made unlawful automatic renewal offers.

Turbine Inc. (formerly Turbine Entertainment Software, Second Nature, and originally CyberSpace, Inc.) is an American computer game developer owned by Warner Bros. Home Entertainment, Inc.

The company develops hit 3D massively multiplayer online role-playing games based on some of the world’s most popular and iconic properties including The Lord of the Rings, EverQuest, Dungeons & Dragons and DC Comics.

Turbine operates a website which markets subscriptions for “Lord of the Rings” related products, offering free trial periods enticing consumers to sign-up for their gaming products and services. Gamers provide payment information when they create a subscription account for a free trial period for online interactive games and related products.

Plaintiff Jarrod Secola says he purchased “Lord of the Rings”-related products but alleges that Turbine made automatic renewals or continuous offers to consumers in and throughout California but failed to provide an acknowledgement that included the automatic renewal or continuous service terms.

He also asserts that Turbine did not provide him or other Class Members with information on how to cancel their subscription or allow for subscribers to cancel prior to payment.

California law states that it’s unlawful for any business making an automatic renewal or continuous service offer to a consumer to fail to provide an acknowledgement that includes these terms. If an offer includes a free trial, the business is required to disclose in the acknowledgement how to cancel and allow the consumer to cancel before the consumer pays for the goods or services.

Additionally, the law mandates that businesses provide consumers a description of the cancellation policy that applies to the offer, the recurring charges that will be charged to the consumer’s payment account, and the length of the automatic renewal term or that the service is continuous, and the minimum purchase obligation, if any.

Pursuant to this law, these terms must be “clear and conspicuous,” meaning they must be displayed in a manner that clearly calls attention to the information.

Secola says that Turbine failed to provide a cancellation policy or information regarding how to cancel a subscription “in a manner that is capable of being retained by the consumer,” which he alleges is in violation of California Business Professions Code.

According to the proposed class action lawsuit, Turbine also violated California consumer protection laws by “failing to provide an acknowledgement that describes a toll-free telephone number, electronic mail address, a postal address only when the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation.”

Secola, on behalf of himself and Class Members, seeks damages, restitution for subscription payments, declaratory and injunctive relief, along with attorney’s fees and costs for Turbine’s alleged unlawful and unfair business practices.

He seeks to represent a Class of California consumers who purchased subscriptions for any products (such as “Lord of the Rings” products) from Turbine Inc. within the applicable statute of limitations.

The Class is represented by Scott J. Ferrell, Richard H. Hikida, David W. Reid and Victoria C. Knowles of the Newport Trial Group.

The Turbine Automatic Renewal Class Action Lawsuit is Secola v. Turbine Inc., Case No. 2:16-cv-01086, in the U.S. District Court for the Eastern District of California.