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Apollo Box Subscription Sales California Class Action

Many companies now sell their products by subscription or continuous service agreements. They offer not only music or news but also clothing and home décor products, and at times consumers are not aware that they have signed up for more than their original purchase. The complaint for this class action alleges that Apollo Box, Inc. violated California laws on the automatic renewal of subscriptions or continuous service agreements.

The class for this action is all persons in California who, within the applicable statute of limitations period and up to the entry of judgment in this case, bought any product or service with an automatic renewal offer, as defined by § 17601(a) of the Business and Professions Code, from Apollo Box, Inc. or its predecessors or affiliates, from the website www.theapollobox.com.

Apollo Box sells home décor and similar products from its website. The complaint claims that the company’s product services plan qualifies as an automatic renewal or continuous services plan under California law.

Although the company does post Terms of Use on its website, they are contained in a long document buries fact that the services are recurring among other information. 

California’s Business & Professions Code sets forth requirements for automatic renewals. The complaint alleges that Apollo Box did not comply with the requirements in a number of ways.

First, the complaint says that when Apollo Box made the offer, it did not present the terms of the automatic renewal or continuous service offer in the clear and conspicuous manner required, in visual proximity to the request for consent, before the agreement was finalized. 

Second, the company charged consumers’ credit cards, debit cards, or other payment methods, the complaint says, without first getting their “affirmative consent” to the agreement containing the auto renewal or continuous service offer.

Third, the complaint says, the company did not provide consumers who signed up with an acknowledgement that included the terms of the auto renewal or continuous service offer, the cancellation policy, and the directions for cancelling the agreement, in a form that can be easily retained by the consumers.

The complaint reproduces screenshots from the company’s website to support its contentions. 

There is a potential bright side for California consumers who have been unknowingly signed up for automatic renewal or continuous service agreements. The law says that when companies do not obtain affirmative consent to their agreements, all of the merchandise or products sent to customers under these agreements are deemed to be an unconditional gift. The complaint says the plaintiffs and class members may therefore use the products or dispose of them as they like, with no obligation to Apollo Box. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Apollo Box Subscription Sales California Complaint

February 22, 2019

Many companies now sell their products by subscription or continuous service agreements. They offer not only music or news but also clothing and home décor products, and at times consumers are not aware that they have signed up for more than their original purchase. The complaint for this class action alleges that Apollo Box, Inc. violated California laws on the automatic renewal of subscriptions or continuous service agreements.

apollo_box_auto_renewals_complaint.pdf

Case Event History

Apollo Box Subscription Sales California Complaint

February 22, 2019

Many companies now sell their products by subscription or continuous service agreements. They offer not only music or news but also clothing and home décor products, and at times consumers are not aware that they have signed up for more than their original purchase. The complaint for this class action alleges that Apollo Box, Inc. violated California laws on the automatic renewal of subscriptions or continuous service agreements.

apollo_box_auto_renewals_complaint.pdf
Tags: Deceptive Misrepresentation, Unlawful Subscription Renewal