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Life Alert Automatic Charge Class Action Lawsuit Overview:Â
- Who: A consumer launched a class action lawsuit against Life Alert Emergency Response, Inc and 10 unnamed defendants.Â
- Why: Andrews claims Life Alert continues to charge customers’ bank accounts after they have requested to cancel its services.
- Where: The class action lawsuit was filed in California federal court.
Life Alert Emergency Response, Inc continues to issue charges on customers’ bank accounts after they have requested to discontinue its services, a new class action lawsuit alleges.Â
Lead plaintiff Phyllis Andrews claims Life Alert—which sells products and services used to contact emergency services—misleads consumers from the get-go about the terms of its automatic renewal policy.Â
Andrews wants to represent a nationwide Class and California subclass of consumers who—within one year of the filing of this complaint nationwide and four years for California—had their bank accounts charged by Life Alert following a request to cancel its services.
Life Alert Keeps Charging Consumers Despite Cancelations, Warns Class Action
The plaintiff says she believed she was entering a month-to-month agreement with Life Alert when she signed up for the company’s services in June of last year.Â
The month-to-month agreement was purported to require her to pay $89 each month, with the money automatically being taken out of her account via an automatic debit charge, according to the class action lawsuit.
What Andrews actually entered into was a “negative option” agreement that required her to inform Life Alert and return its equipment if she ever sought to cancel the company’s services, the class action lawsuit alleges.Â
Andrews claims that, in February, after trying to cancel her agreement with Life Alert and returning its equipment, the company, without authorization, debited her bank account once more for $89 in March.Â
“Defendant did not provide to Plaintiff, nor did Plaintiff execute, any written or electronic writing memorializing the final automatic payment made in March,” states the class action lawsuit.Â
Andrews alleges further that Life Alert never explained its automatic renewal or continuous service offers in a “clear and conspicuous manner” and never got her affirmative consent to implement them.
Andrews claims Life Alert is in violation of the Electronic Funds Transfer Act, and California’s Unfair Competition Law and Automatic Purchase Renewals Statute.
Plaintiff is demanding a jury trial and requesting damages, injunctive relief, and any other available legal or equitable remedies for themselves and all Class Members.
Life Alert was ordered to pay $750,000 earlier this year after an investigation by attorney generals in New York found evidence the company was violating consumer protection laws.Â
Have you received a charge on your bank account from Life Alert after canceling its services? Let us know in the comments!Â
The plaintiff is represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George, and Thomas E. Wheeler of the Law Offices of Todd M. Friedman, P.C.
The Life Alert Automatic Charge Class Action Lawsuit is Andrews v. Life Alert Emergency Response, Inc., et al., Case No. 5:21-cv-01769, in the U.S. District Court for the Central District of California.
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23 thoughts onLife Alert Continues Automatic Charging After Its Services Are Canceled, Says Class Action
We want in on the class action lawsuit
My mother was admitted to a 24hr care facility 4 years ago. Even after they were notified they continued to charge her until she longer had the funds in her account. She has dementia now and barely recognizes her children. They began calling and texting my business phone over 1 year ago. I have called them and let them know that account was closed years ago and that I am not the account holder please stop calling and texting my business phone. Still today they blow my phone up. This am, I called them again, explained AGAIN, the situation. She reiterated that her notes state she is in a care facility. I asked then why are you blowing up my business phone. She informed me once again account needs to be settled. So I sat on hold for over 30 minutes waiting for someone to answer to rectify this. This is completely out of control. What can be done about it?
Was looking into their services. I asked for a copy of their contract to review cancelation terms and conditions. They advised they will not provide this. Based on their reply I will not be pursuing their product/services.
My 87 year old legally blind mother called for info regarding this service since I travel frequently. She was told over the phone it was a 3 year contract-nothing more. She received the documents with the technician who delivered and set up her equipment. She was told to sign and return in the postage paid envelope provided. When I returned and read the contract was was horrified!!! How can a company draft a contract that does not provide any recourse to terminate!?!?!?! I contacted the Better Business Bureau, and although they did contact LifeAlert, it became a “she said he said” situation without any satisfaction for us. Except for death or admission in a 24 hour care facility, the only possible way to terminate is in writing to them in provision 3.1 of the contract and I quote, “At any time after the initial three (3) year term, the Company has the right to increase the monitoring charges. If you object in writing to the increase, you may terminate this agreement thirty (30) days after the Company’s receipt of your written notice of termination.” So, if you write and LifeAlert agrees Not to increase agrees their charge you are just stuck until one of the two exceptions occur. This is Criminal and a horrible way to treat vulnerable seniors. Being legally blind, she is incapable of reading the contract and I feel LifeAlert takes advantage of that and the fear most seniors have of an accident.
They made me sign a 3 yr contract. How can i get out of it. I dont want to call them to update my payment method.
I am trying to get my mother out of her contract-so far no luck. A nationwide class action suit is needed for sure! Sign us up!!!
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Please include me. I paid for it for my Mom. After I canceled it, they still kept charging me! I switched to Connect America.
Please include me email correction
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