Popflex class action lawsuit overview:
- Who: Two consumers filed a class action lawsuit against oGorgeous Inc., which does business as Popflex, and Redo Tech Inc.
- Why: Popflex and Redo allegedly trick customers into paying a hidden fee for “free” unlimited returns and exchanges.
- Where: The Popflex class action lawsuit was filed in California federal court.
AA new class action lawsuit accuses Popflex, a women’s activewear brand, together with its returns processor, Redo Tech, of tricking customers into paying a hidden junk fee for a service they do not need.
Plaintiffs Madison Beikirch and Crystle Caigoy filed the class action complaint against Popflex and Redo Tech on March 17 in California federal court, alleging violations of state consumer protection laws.
According to the Popflex class action lawsuit, Popflex automatically adds a $2.18 “Checkout+ Unlimited Returns or Exchanges” fee to customers’ orders without their knowledge or consent. The complaint alleges the fee is displayed in small text below the subtotal rather than as an item in the cart, making it less noticeable to shoppers.
The plaintiffs claim that customers can only remove the junk fee by clicking a faint link reading “continue without checkout+,” wording they say is meant to make shoppers think they would be abandoning checkout entirely.
The complaint argues the fee provides no real benefit since returns are already free if customers pay for shipping.
Beikirch, of Rochester, New York, paid the hidden fee on two orders, believing it was required to return items. Caigoy, of Mission Viejo, California, paid it on five orders without noticing it had been added. Both say they would not have paid the fee had Popflex disclosed it honestly.
The class action lawsuit seeks to represent a nationwide class of consumers who purchased the Checkout+ service from Popflex as well as subclasses in California, New York and Utah.
Popflex’s mobile app allegedly uses fake toggle switch to ‘remove fee’
The Popflex class action lawsuit claims a toggle next to “Unlimited Returns or Exchanges” defaults to “on” in the app, and switching it off does not remove the junk fee, the complaint says — it reappears at checkout with no sign the choice was overridden.
Customers can only find this out by tapping one of two small drop-down carets, near the order summary and total, that are not expanded by default. The hidden fee cannot be removed from the first menu; customers must find a second caret and uncheck a box reading “Unlimited Returns or Exchanges for $2.18.”
The complaint calls these “dark patterns,” defined by the Federal Trade Commission as “design practice[s] that trick or manipulate users into making choices they would not otherwise have made.”
The plaintiffs demand a jury trial and seek damages, restitution and injunctive relief to stop Popflex and Redo from continuing the allegedly deceptive practices.
In another hidden fees lawsuit, customers accuse Depop, a second-hand clothing marketplace, of adding a mandatory “marketplace” fee in alleged drip pricing practices.
What do you think of the allegations made in this Popflex class action lawsuit? Let us know in the comments.
The plaintiffs are represented by Raphael Janove and Liana Vitale of Janove PLLC.
The Popflex class action lawsuit is Beikirch, et al. v. oGorgeous Inc., et al., Case No. 8:26-cv-00597, in the U.S. District Court for the Central District of California.
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