Alclear No Refunds for Closure of Clear Biometric ID Platform Class Action

This class action is one of many about money paid in advance for a subscription or service, only to have the business close down in response to Covid-19, without making refunds. In this case, Alclear, LLC charges a yearly fee for the use of its “biometric secure identity platform” Clear. The company closed Clear on March 16, 2020 due to the coronavirus pandemic, meaning that those who had paid the yearly fee could no longer take advantage of the service.

The class for this action is all consumers in the US who paid usage fees to Alclear for Clear, between March 17, 2019 and a date to be determined. A California Subclass has also been defined for those in California.

How does Clear work? The complaint says, “It stores individuals’ personal information and links it to biometric data, allowing them to bypass the travel document checker at security checkpoints by using fingerprint and/or iris [information]. Clear is in 65[-]plus airports, stadiums, and other venues nationwide.”

Clear charges customers $179 for a year of access. While customers must accept Clear’s Terms and Conditions, this can be done by checking a box and clicking the Submit button, without doing any actual reading or scrolling.

Plaintiff Meredith Mead paid the fee in December 2019, only to see the service close on March 16, 2020. Alclear has not offered any refunds or credits to users of the program.

This class action is brought as a consumer remedies case.

The first three causes of action include violations of the California Legal Remedies Act, the state’s Unfair Competition Law, and its Unfair Competition law: Alclear’s retention of consumers’ “entire enrollment fee ($179.00) without providing [a] full year of service is an unfair business practice in violation of” that law.

The fourth cause of action is Money Had and Received: “[Alclear] received enrollment fees that were intended to be used for the benefit of” the plaintiff in this case and the other class members. Alclear did not use the money in this way and “has not returned any of the wrongfully obtained money.”

Finally, the fifth cause of action is Unjust Enrichment. The plaintiff and class members conferred benefits on Alclear by paying its yearly fees, and Alclear “has been unjustly enriched in retaining the revenues derived from [these] enrollment fees without providing the expected full year [of] service.”

The complaint asks for an order of restitution for monetary relief, compensatory damages, prejudgment interest, reasonable attorneys’ fees and expenses, and “such other and further relief as the Court deems just and proper.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Alclear No Refunds for Closure of Clear Biometric ID Platform Complaint

August 18, 2020

This class action is one of many about money paid in advance for a subscription or service, only to have the business close down in response to Covid-19, without making refunds. In this case, Alclear, LLC charges a yearly fee for the use of its “biometric secure identity platform” Clear. The company closed Clear on March 16, 2020 due to the coronavirus pandemic, meaning that those who had paid the yearly fee could no longer take advantage of the service.

Alclear No Refunds for Closure of Clear Biometric ID Platform Complaint

Case Event History

Alclear No Refunds for Closure of Clear Biometric ID Platform Complaint

August 18, 2020

This class action is one of many about money paid in advance for a subscription or service, only to have the business close down in response to Covid-19, without making refunds. In this case, Alclear, LLC charges a yearly fee for the use of its “biometric secure identity platform” Clear. The company closed Clear on March 16, 2020 due to the coronavirus pandemic, meaning that those who had paid the yearly fee could no longer take advantage of the service.

Alclear No Refunds for Closure of Clear Biometric ID Platform Complaint
Tags: Biometric Data, Covid-19 Related, Failure To Pay For Refund