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HungryRoot class action overview:
- Who: A former HungryRoot subscriber is suing the food-subscription service.
- Why: The plaintiff says the company automatically renews people’s subscriptions without the proper disclosures.
- Where: The HungryRoot class action was filed in a New York federal court.
Food-subscription service HungryRoot quietly and illegally enrolls consumers in auto-renewing subscriptions through its website and app, a new class action lawsuit alleges.
Plaintiff Lisa Molenda filed the class action lawsuit against HungryRoot Inc. on Jan. 26 in a New York federal court, alleging violations of state and federal consumer laws.
According to the lawsuit, HungryRoot engages in an illegal “automatic renewal” scheme through subscription plans sold on its website and mobile app.
When consumers sign up for HungryRoot subscriptions at the HungryRoot website or app, the lawsuit says, the company actually enrolls them in a program that automatically renews their subscriptions from month-to-month or year-to-year and results in monthly or annual charges to the consumer’s credit card, debit card or third-party payment account.
“In doing so… Defendant fails to provide the requisite disclosures and authorizations required to be made pursuant to California’s Automatic Renewal Law (ARL),” the lawsuit states.
HungryRoot did not seek the proper consent from customers to auto-renew, lawsuit states
Under the ARL, online retailers who offer automatically renewing subscriptions to California consumers must obtain affirmative consent before the consumer’s purchase.
They must also provide the complete auto-renewal terms in a clear and conspicuous manner and in visual proximity to the request for consent before the purchase, the lawsuit states, and provide an acknowledgment identifying an easy and efficient mechanism for consumers to cancel the subscriptions if they choose.
According to the class action, HungryRoot “uniformly violates each of these requirements.”
“Defendant also makes it exceedingly difficult and unnecessarily confusing for consumers to cancel their HungryRoot Subscriptions,” the plaintiff says.
Molenda seeks to represent all California purchasers of any of HungryRoot’s subscription offerings who incurred fees for the renewal of their subscription.
She is suing for violations of California business laws, unjust enrichment, fraud and negligent misrepresentation and seeks certification of the class action, damages, fees, costs and a jury trial.
Other companies have been targeted by class action lawsuits for their alleged automatic-renewal policies.
In one recent class action lawsuit, Barkbox is accused of tricking customers into automatically renewing subscription boxes for dogs.
What do you think of the allegations against HungryRoot in this class action lawsuit? Let us know in the comments.
The plaintiff is represented by Bursor & Fisher PA and Milberg Coleman Bryson Phillips Grossman PLLC.
The HungryRoot class action lawsuit is Lisa Molenda, et al. v. HungryRoot Inc., Case No. 1:23-cv-00678, in the U.S. District Court for the Southern District of New York.
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