Farm Fresh Settles Class Action Lawsuit Over Unwanted Deliveries

Last week, a settlement agreement was approved in a class action lawsuit accusing organic produce delivery service Capay Inc. d/b/a Farm Fresh to You of delivering and then charging for unwanted items and also impeding the cancellation process for consumers.

Lead plaintiff Matthew Belardes alleged in his class action that he signed up to receive free information about the company at a street fair. However, three weeks later he says he received a box a vegetables he did not request.

According to the Farm Fresh class action lawsuit, Belardes offered to pay for the unwanted vegetables and asked to discontinue the service, but he then received another box with a bill, along with a threat of debt collection.

The Farm Fresh class action lawsuit was initiated in San Diego in December 2014. The plaintiff and other Class Members allegedly signed up to receive additional information about the company via email after learning that the company’s environmentally friendly policies prevented it from using brochures or pamphlets.

According to the Farm Fresh class action lawsuit, the form Belardes filled out did not ask for payment information, but did ask for consumers’ home addresses and other personal information which he submitted. Additionally, Belardes alleged that the Farm Fresh representative he spoke with at the street fair told him that he was not enrolling in the company’s delivery service.

Furthermore, according to the class action lawsuit, after Belardes requested that Farm Fresh cancel his account after his first and second delivery, it continued to refuse. The plaintiff also alleges that online reviews show that Farm Fresh had developed a reputation for its widespread and intentional deception.

On Dec. 4, a California judge gave final approval to the $4 million class action settlement. Under the terms of the deal, Farm Fresh agreed to reverse the charges for more than 49,000 Class Members, totaling to about $3.3 million, along with an extra $365,000 to cover two free deliveries worth up to $70.

Class Members of the Farm Fresh settlement include anyone who incurred a debt from the period of Aug. 1, 2011 to Dec. 31, 2014 as a result of receiving Farm Fresh To You residential produce delivery, and whose debt was still unpaid as of June 11, 2015. Class Members who did not opt out of the class action settlement will automatically receive benefits.

Additionally, as part of the settlement, Farm Fresh has agreed to alter its business practices and policies, including agreeing to send reminders of deliveries at least three days in advance. Farm Fresh has also agreed to make its website easier to navigate by adding a link that will allow customers to cancel or suspend their delivery account or membership. The link will be prominent and Farm Fresh has agreed to make the online cancellation process easier.

However, as a part of the settlement agreement, Farm Fresh continues to deny the class action lawsuit’s allegations.

Belardes is represented by Jack Fitzgerald of the Law Office of Jack Fitzgerald PC.

The Farm Fresh To You Class Action Lawsuit is Matthew Belardes v. Capay Inc., Case No. 201400041774, in the Superior Court of the State of California for the County of San Diego.