Bump Boxes Class Action: Pregnancy Gift Subscriptions Auto-Renew

Bump Boxes Inc. was hit with a class action lawsuit last week alleging its automatic subscription renewal policies violated California law.

According to the Bump Boxes automatic renewal class action lawsuit, Bump Boxes sells subscriptions for pregnancy party gifts and related products on its website, BumpBoxes.com.

Plaintiff Kathy Lira alleges Bump Boxes made automatic renewal or continuous service offers to California consumers without presenting the offer terms in a clear and conspicuous manner, charged consumers for automatic subscription renewal without first obtaining their affirmative consent to the offer, and failed to provide customers with information about the automatic renewal offer terms and cancellation policy as required by California law.

Lira says she purchased a Bump Boxes subscription plan in December 2016. She says Bump Boxes failed to state in clear and conspicuous language that the subscription renewals would continue until the customer cancels. Bump Boxes also allegedly failed to describe the cancellation policy.

Under California law, companies are required to state the automatic renewal terms in a manner that clearly calls attention to the language. For example, the Bump Boxes class action lawsuit says that the terms must be in larger type than the surrounding text, set off from the surrounding text of the same size by using a different type, font, color, symbols or markings.

The Bump Boxes class action lawsuit alleges there was no description of the automatic renewal policy on the page on which subscribers finalize their purchase. As a result, Lira claims that Bump Boxes failed to obtain consumers’ affirmative consent to the automatic renewal terms prior to charging them for the subscription, which is an alleged violation of California law.

Further, Lira says that Bump Boxes failed to provide an acknowledgement of the automatic renewal agreement as required by California law. She says Bump Boxes sent follow-up emails after her purchase, but that the communications failed “to provide an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy, and information on how to cancel in a manner that is capable of being retained by Plaintiff and Class Members,” the Bump Boxes automatic renewal class action lawsuit says.

Lira filed the Bump Boxes class action lawsuit on behalf of herself and a proposed Class of people in California who purchased a product or service in response to an automatic renewal offer from Bump Boxes via BumpBoxes.com.

The Bump Boxes automatic subscription renewal class action lawsuit asserts claims for violations of California’s Automatic Renewal Law and Unfair Competition Law. Lira is seeking damages, restitution, injunctive and/or other equitable relief, attorneys’ fees and costs.

Lira is represented by Scott J. Ferrell of Pacific Trial Attorneys A Professional Corporation.

The Bump Boxes Automatic Subscription Renewal Class Action Lawsuit is Kathy Lira v. Bump Boxes Inc., et al., Case No. 8:18-cv-00422, in the U.S. District Court for the Central District of California.