Evereden class action lawsuit overview:
- Who: A consumer filed a class action lawsuit against Eden Brands Inc., doing business as Evereden.
- Why: The plaintiff claims Evereden automatically renewed his subscription without providing the disclosures required under California law.
- Where: The Evereden class action was filed in California state court.
A consumer has filed a class action lawsuit alleging Evereden automatically renewed subscriptions for its kids’ bath products in violation of California law.
Plaintiff Miguel Esparza claims Evereden made automatic renewal or continuous service offers to consumers in California through its website, ever-eden.com, without providing clear and conspicuous disclosures mandated by California’s Automatic Renewal Law (ARL).
The ARL requires businesses to disclose automatic renewal or continuous service offer terms, cancellation policies and information on how to cancel in a manner that consumers can retain, the Evereden class action lawsuit says.
Esparza argues Evereden failed to provide these disclosures, causing consumers to incur unlawful charges. Consumers were charged without warning and without explicit consent.
The Evereden class action lawsuit alleges violations of the ARL also constitute violations of California’s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.
Esparza is looking to represent a class of California consumers who purchased any product or service from Evereden’s website in response to an offer constituting an “automatic renewal” as defined by the ARL within the statute of limitations period.
Lawsuit: Evereden made it difficult to cancel subscriptions
Esparza claims Evereden’s website made it difficult for consumers to cancel their subscriptions despite the company’s claims that cancellations could be made easily.
He argues that the website required consumers to go through a series of steps and confirm their decision multiple times before completing the cancellation.
The complaint alleges Esparza purchased Evereden’s Kids Detangling Shampoo and was subjected to recurring monthly charges. Esparza claims he was not provided with the required disclosures regarding the automatic renewal terms, cancellation policy and how to cancel the subscription.
Esparza requests damages, restitution, punitive damages and injunctive relief to prevent Evereden from continuing its alleged unlawful practices.
Also in California, a class action lawsuit claims supplement company AG1 broke the law by surreptitiously enrolling consumers in auto-renewing subscriptions.
Have you ever purchased a subscription to Evereden products? Let us know in the comments.
Esparza is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.
The Evereden class action lawsuit is Esparza v. Eden Brands Inc., Case No. 26CU003622C, in the Superior Court of the State of California for the County of San Diego.
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