Fabletics class action filed over ‘deceptive’ VIP membership program

Fabletics class action lawsuit overview:

• Who: Eleven consumers filed a class action lawsuit against Fabletics Inc.
• Why: The plaintiffs allege Fabletics misled customers into joining its VIP Membership Program.
• Where: The Fabletics class action lawsuit was filed in California federal court.

A new class action lawsuit alleges Fabletics Inc. misled customers into joining its automatically renewing subscription-based VIP Membership Program.

The plaintiffs filed the class action complaint against Fabletics on March 12 in California federal court, alleging violations of state and federal consumer laws.

According to the Fabletics class action lawsuit, the women’s sportswear and activewear company misleads customers into joining its automatically renewing, subscription-based VIP Membership Program by touting the value of a so-called “Promotional Member Credit.”

The plaintiffs say that in exchange for paying a $59.95 monthly membership fee, program members receive a monthly Promotional Member Credit that purports to allow a program member to purchase any single item or two-piece outfit from Fabletics for up to $100. 

However, the vast majority of the individual items or two-piece outfits on offer — nearly all — do not exceed the cost of the $59.95 monthly membership fee, they allege.

“Fabletics lures customers to join a monthly recurring subscription program with the promise of a Promotional Member Credit that exceeds the $59.95 monthly membership fee, and that can be used on a variety of items of different styles and types of clothing items,” the lawsuit says.

The plaintiffs argue that based on the company’s pricing model, it would be nearly impossible for a program member to use the credit to purchase a single item or outfit exceeding $59.95, much less $100.

Fabletics automatically charges members without notice, lawsuit claims

The class action lawsuit alleges that Fabletics failed to fairly inform program members that their VIP Membership Program subscription automatically renews on a month-to-month basis.

The plaintiffs claim Fabletics automatically charges program members without providing notice or obtaining consent every month.

They seek to represent a nationwide class of consumers who purchased Fabletics’ VIP Membership Program and a subclass of Florida consumers.

The plaintiffs are suing for violations of California’s Unfair Competition Law and False Advertising Law and Florida’s Deceptive and Unfair Trade Practices Act. They seek damages, restitution, injunctive relief and reasonable attorneys’ fees and costs.

In related news, 1-800-Flowers faced a class action lawsuit in December, alleging it illegally charged customers recurring fees for its Celebrations Passport membership program without proper consent or notification.

What do you think of the allegations in this Fabletics class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Frank S. Hedin of Hedin LLP.

The Fabletics membership class action lawsuit is Bateman, et al. v. Fabletics Inc., Case No. 2:25-cv-02200, in the U.S. District Court for the Central District of California.

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