Bed Bath & Beyond Class Action Says Memberships Auto Renew

A recent Bed Bath & Beyond class action lawsuit claims that the retailer automatically renews customers into its BEYOND+ membership program without their consent.

Plaintiff Robert Turnier claims he purchased an item from Bed Bath & Beyond in August 2018 using his credit card. He forgot about the purchase until a year later in August 2019 when he was allegedly charged $29 to renew his BEYOND+ membership.

According to the Bed Bath & Beyond class action, the automatic renewal terms are not written out in a “clear and conspicuous” manner in violation of California’s Automatic Renewal Law (ARL).

California auto renewal laws also require businesses to obtain a consumer’s affirmative consent before charging a consumer for the subscription.

These sorts of subscriptions are becoming more common with online retailers. For items such as household products, subscriptions can be helpful for consumers because they will automatically replenish the items in a timely fashion.

However, some consumers do not want to be enrolled in these subscriptions and can be shocked by the subsequent charges if they had no prior knowledge of the program.

According to Turnier, Bed Bath & Beyond makes it a habit to enroll consumers in its BEYOND+ subscriptions without obtaining consent first. Several customers have reportedly complained of this practice in online forums such as the Better Business Bureau.

“This non-controversial bill, which received a unanimous vote on the Senate floor, seeks to protect consumers from unwittingly consenting to ‘automatic renewals’ of subscription orders or other ‘continuous service’ offers,” the California Assembly Committee on Judiciary said of the law.

“According to the author and supporters, consumers are often charged for renewal purchases without their consent or knowledge.”

Turnier claims that he and other consumers would not have purchased products from Bed Bath & Beyond if they knew that they would be enrolled in an auto renewing membership program resulting in subsequent charges.

The Bed Bath & Beyond class action lawsuit also claims that Turnier and other consumers suffered financial injuries from the automatic renewal practices.

Turnier seeks to represent a Class of Californians who were enrolled in BEYOND+ membership subscriptions. On behalf of himself and the proposed Class, Turnier seeks injunctive relief, restitution, court costs, and attorneys’ fees.

Did you have a Bed Bath & Beyond subscription renew without your knowledge or consent? Share your experience in the comments section below.

Turnier and the proposed Class are represented by James T. Hannink and Zach P. Dostart of Dostart Hannink & Coveney LLP.

The Bed Bath Beyond Auto Renewal Class Action Lawsuit is Turnier v. Bed Bath & Beyond Inc., et al., Case No. 3:20-cv-00288, in the U.S. District Court for the Southern District of California.

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