Calif. Birchbox Subscription Renewal Class Action Settlement

Birchbox has agreed to settle a proposed consumer class action settlement alleging the online cosmetics retailer renewed subscriber accounts without their authorization.

Birchbox is a California-based online retailer that offers customers the opportunity to purchase cosmetics and other personal care products. Through an online subscription, customers sign-up for monthly boxes of cosmetic samples based on their preferences.

On May 14, 2015 two former subscribers filed a consolidated proposed class action lawsuit against Birchbox in Southern California federal Court.

According to plaintiffs Tracy Davis and Tiffany LaPuebla, the high end cosmetics retailer engages in unfair business practices under California law because it fails to disclose to its subscribers that their shipments automatically renew.

According to the complaint, the company does not adequately disclose the terms and conditions of its subscriptions for a monthly delivery of make-up and personal care products and, as a result, the company charges consumers for the subscription each month without their consent.

Davis and LaPuebla, who both purchased a Women’s Subscription to Birchbox, say the retailer failed to show them the renewal terms clearly and charged their cards without obtaining affirmative consent to the automatic renewal terms

The lawsuit also claims Birchbox failed to provide information about how to cancel the service and that there is no disclosure in Birchbox’s acknowledgment for free trials about how to cancel before getting charged for the recurring subscription.

Pursuant to the settlement, Class Members will receive a $10-20 Birchbox credit depending on their subscription.

Class Counsel will request up to $300,000 total for their attorneys’ fees and costs. Lead plaintiffs will receive an incentive award of up to $2,500 for their services and efforts in bringing this class action lawsuit.

Birchbox denies that it has done anything wrong or violated any statute.

Who’s Eligible

Under the terms of the Birchbox class action settlement, all persons in California who purchased a subscription that automatically renewed from Birchbox between Jan. 1, 2011 and Mar. 6, 2015 are eligible for this settlement.

Potential Award

$10 – 20 Birchbox Credit.

Eligible Class Members who do not request exclusion will receive a Birchbox credit in the amount of $10 if they purchased a Women’s Subscription and $20 if they purchased a Men’s Subscription.

These credits are good for the purchase of future products or subscriptions from Birchbox through the Birchbox.com website. These credits are for one-use only, meaning that unused balances cannot be carried to future purchases and are non-transferable.

Additionally, Class Members will have one year from when the credits are first-emailed within which to utilize the credit.

Proof of Purchase

N/A.

FAQs

FREQUENTLY ASKED QUESTIONS »

Claim Form Deadline

N/A.

Birchbox’s computer records have identified eligible Class Members, and if you do not exclude yourself from the settlement, you will automatically receive an e-mail regarding your credit, pending final approval of the settlement.

Case Name

Tracy Davis v. Birchbox Inc., Case No. 3:15-cv-00498-BEN-BGS and Tiffany LaPuebla v. Birchbox Inc, Case No. 3:15-cv-00214-BEN-BGS, in the U.S. District Court for the Southern District of California

Final Hearing

09/22/2016

UPDATE: The court granted the Birch Box settlement final approval on October 17, 2016. Let Top Class Actions know when you receive your credits in the comments section below or on our  Facebook page.

Settlement Website

www.BirchboxSettlement.com

Claims Administrator

Davis Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
888-755-9508

Email: info@DavisSettlement.com

Class Counsel

Julian Hammond
Ari Cherniak
HAMMONDLAW PC

Abbas Kazerounian
Mona Amini
KAZEROUNI LAW GROUP APC

BERMAN DeVALERIO

HYDE & SWIGART

Defense Counsel

Gavin Rooney
LOWENSTEIN SANDLER LLP