1-800-Flowers class action claims co. engages in illegal auto-renewal

1-800-Flowers auto-renewal class action overview: 

• Who: Two consumers are suing 1-800-Flowers.
• Why: The plaintiffs claim the company charges customers unauthorized auto-renewal fees.
• Where: The 1-800-Flowers auto-renewal class action was filed in a New York federal court.

A new class action lawsuit alleges that 1-800-Flowers has been illegally charging customers recurring fees for its Celebrations Passport membership program without proper consent or notification. 

Plaintiffs Gustavo Gonzalez and William Kane filed the class action complaint against 800-Flowers Inc. Dec. 30 in a New York federal court, alleging violations of state and federal consumer laws.

The lawsuit claims the floral and gift retailer engaged in an illegal “automatic renewal” scheme tied to its Celebrations Passport program. 

The membership, advertised as offering free shipping and no service fees for an initial cost of $19.99, renews annually at $29.99 plus tax, the 1-800-Flowers class action says. These fees are charged automatically to customers’ payment methods without their clear consent or adequate disclosure, it says.

“1-800-Flowers systematically violates New York’s Automatic Renewal Law by failing to present the terms of automatic renewal clearly and conspicuously,” the complaint reads. 

The plaintiffs also allege the company did not obtain affirmative consent before enrolling customers in auto-renewals and failed to provide required renewal notices.

1-800-Flowers auto-renewal violates multiple NY legal requirements, lawsuit alleges

New York’s Automatic Renewal Law mandates that businesses selling subscription services must clearly disclose renewal terms, obtain affirmative customer consent, and notify customers of renewals 15 to 45 days in advance. The plaintiffs claim 1-800-Flowers breached all three requirements.

“By assessing automatic renewal fees without providing adequate notice or obtaining proper consent, 1-800-Flowers has violated consumer trust and the law,” the 1-800-Flowers class action auto-renewal lawsuit says. 

As a result, the plaintiffs are looking to represent anyone in the United States who incurred an Automatic Renewal Fee in connection with the Celebrations Passport.

They are suing for violations of New York’s General Business Law and are seeking certification of the class action, damages, fees, costs and a jury trial.

In November, internet security company NordVPN was hit with a class action lawsuit alleging it employs deceptive automatic renewal practices that trap consumers into costly, unwanted subscriptions.

What do you think of the allegations in this 1-800-Flowers class action? Let us know in the comments.

The plaintiffs are represented by Arun G. Ravindran, Elliot Jackson and Frank S. Hedin of Hedin LLP.

The 1-800-Flowers class action is Gustavo Gonzalez et al., v. 800-Flowers Inc., Case No. 2:24-cv-08894, in the U.S. District Court for the Eastern District of New York.

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