TopClassActions  |  November 18, 2013

Category: Legal News

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Vemma Verve Energy Drink Billing Class Action Lawsuit

By Anne Bucher

 


Verve energy drink class action lawsuitVemma Nutrition Co. has been hit with a class action lawsuit accusing the company of illegally charging customers’ credit cards following online purchases of its Verve energy drinks.

Plaintiff Gregory Montegna claims Vemma engages in “fraudulent, deceitful and unfair business practices” by repeatedly billing customers without their authorization. “As part of Vemma’s business practice, once a consumer purchases its Verve Product via Vemma’s online website, Vemma knowingly or negligently, and without prior disclosure, charges consumers for additional Verve product that they did not purchase or agree to purchase,” the class action lawsuit says.


In January, Montegna says he used his credit card to purchase 12 cans of Verge from Vemma’s website for $38 plus $12.04 in shipping costs. Subsequently, he says he noticed additional $50.04 charges to his credit card over the next three months. Although he contacted Vemma about these unauthorized charges, he says he never received a response to his email. In the class action lawsuit, Montegna alleges Vemma “willfully or negligently shipped and charged (him) for at least two additional cases of Verve Energy Drink that (he) did not consent to purchasing,” in violation of several California laws.

Montegna alleges these repeat charges are intentional and part of a scam that takes advantage of consumers who fail to closely review their credit card statements for irregularities. “Defendant’s calculated decision to enroll consumers in its automatic renewal program without their knowledge or consent was for defendant’s economic gain at the expense of plaintiff and the consuming public at large and is the means by which defendant is able to boast of sales as high as $20 million in the month of July 2013,” the class action lawsuit says.

The class action lawsuit refers to an article posted by the consumer watchdog agency Truth in Advertising, which cites the numerous complaints about Vemma that have been submitted to the Federal Trade Commission (FTC). The vast majority of these complaints involved unwanted/repeated credit card charges, trouble receiving refunds and concerns that Vemma is a pyramid scheme. One consumer complained, “The Vemma website is a trap for customers who only want one order—their website automatically signs you up for autoship…. Unless you notice that autoship is checked by default and uncheck it, you will continue to receive Vemma that you did not order.”

By filing the class action lawsuit, he seeks to represent all California consumers who purchased Verve from the Vemma website in the last four years who were subsequently charged for additional Verve products that they did not order. He seeks an injunction prohibiting Vemma from continuing the repeat-billing practice. He also seeks disgorgement of profits, damages and costs.

Montegna is represented by Abbas Kazerounian and Jason Ibey of Kazerouni Law Group APC and Joshua B. Swigart of Hyde & Swigart.

The Vemma Verve Energy Drink Class Action Lawsuit is Gregory Montegna v. Vemma Nutrition Co., Case No. 1:13-cv-02731, in the U.S. District Court for the Southern District of California.

 

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4 thoughts onVemma Verve Energy Drink Billing Class Action Lawsuit

  1. Jer says:

    i joined Vemma as a low entry affiliate because I was not able to afford to purchase the diamond pack. After going through the training I learned that it was a pyriamid scheme and that in order to make any money you had two choices spend money to buy so called leads, websites, advertising and all this other stuff that the company should be paying for or try to con your family and friends int o buying the product or joining the company. That’s when I told my sponsor that I could afford to continue and wanted to get my money back and his sponsor tried to talk me into taking on a loan for $15,000 just to be able to advance in the company so I could make the money I was promised. I said why should I pay to work for you, and walked away from the company.

  2. Jen says:

    This company made an unauthorized charge on my account and I have never heard of them and definitely did not purchase their product. I would never order something like this. Just had to cancel my card. Crooks

  3. Robert Berteau says:

    I also fell into the Vemma scheme. I signed up as a Dimond member which cost me ovet $2000.00 just to be at that level. I still have the contact information of my supposed sponsor. He never helped me at all. I just constantly got products that I didn’t order. Vemma would not take the product back and continued to charge my Discover card. I finally got Discover to stop the charges from Vemma but Vemma started charging my card under another name. These people need to be shut down. This indever has ended up costing me over $8,000.00. I do have some Verve if you would like to buy some. Hahaha. I wouldn’t do that to anyone.

  4. Karen Perrigo says:

    I purchased the VEMMA products under the assumption that it would help with my health problems. I really liked the rep that I bought the product from and honestly she is the reason I bought so much. After being told by my medical doctor that I was having adverse reactions to the product I called and cancelled my membership. Even though I called several times, cancelling my membership because of medical complications do to this product per doctors orders. VEMMA continued to send me the monthly supply and charge my account because it was charged as a debit card and unless I cancel my card the bank is unable to stop one company access. When I called to have the packages picked up to be returned I was informed by the VEMMA company that I would have to pay for return shipping even though the packages had not been open and I had called the company 4 months each month to cancel the order. Finally I had to contact my bank and cancel there authorization to withdraw funds from my account and again I was told since it was a debit card that I would have to cancel my card to stop VEMMA’S use to my account. I then contact FEDEX to have them make me new return labels with return prof and they came to my home and pick two packages up and informed me since the packages were not opened that I would not be charged for shipping. I had three other packages but had opened them up and did not want to pay for return shipping. After checking my bank statement I realized that VEMMA did double charge me for return shipping even though the packages had not been open and I had called and cancelled my order before they shipped the last two packages. Being charged over $40 for each package totaling over $80 for two boxes returned when I requested that my order be terminated is outrageous. I feel that VEMMA has taken advantage and abusing the privilege I gave them when giving VEMMA the authorization to use my bank. I am outraged by the way I have been abused by VEMMA, the company that I had put so much trust in.

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