Bed Bath & Beyond Automatic Renewal Membership California Class Action

California has a number of notable consumer protection laws, including the California Automatic Renewal Law (ARL) in its Business and Professions Code. The law sets conditions for automatic renewal subscriptions and continuous service agreements. The complaint for this class action alleges that Bed Bath & Beyond instituted automatic renewal subscriptions in ways that violated this law.

The complaint quotes the law as saying it was introduced because “[i]t has become increasingly common for consumers to complain about unwanted charges on their credit cards for products or services that the consumer did not explicitly request or know they were agreeing to. Consumers report they believed they were making a one-time purchase of a product, only to receive continued shipments of the product and charges on their credit card.” The charges often come from the “fine print” on an order or ad, which the consumer did not notice and did not intend to agree to.

In this case, plaintiff Robert Turnier bought an item through the Bed Bath & Beyond website in August 2018. As part of the transaction, he entered his credit card information. A year later, in August 2019, he noticed a $29 charge from Bed Bath & Beyond on his credit card statement. Turnier believes the charge may have been a renewal charge for membership in “Beyond+,” the company’s membership program.

Because Turnier was in San Diego County when he made the initial purchase, the ARL applies.

Under the ARL, businesses that offer automatic renewal subscriptions must do certain things when signing up consumers.

  • They must present the terms of the offer in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled.
  • They must obtain the consumers’ affirmative consent to the agreement before charging them.
  • They must provide an acknowledgement that includes the terms of the offer, the cancellation policy, and information on how to cancel, in a form that the customers can retain.

The complaint reviews the screens probably encountered by Turnier and alleges that they offered no “clear and conspicuous” disclosure of the automatic renewal offer.

There is one bright spot: If a business sends goods or products to consumers without first getting their affirmative consent to the “clear and conspicuous” disclosures, then the goods or products are considered to be an unconditional gift that the consumers may use or dispose of as they wish, without any obligation to the business.

The class for this action is all individuals in California who, within the applicable limitations period, were enrolled by Bed Bath & Beyond in the Beyond+ membership program.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Bed Bath & Beyond Automatic Renewal Membership California Complaint

February 14, 2020

California has a number of notable consumer protection laws, including the California Automatic Renewal Law in its Business and Professions Code. The complaint for this class action alleges that Bed Bath & Beyond instituted subscriptions with automatic renewals in ways that violated this law.

Bed Bath & Beyond Automatic Renewal Membership California Complaint

Case Event History

Bed Bath & Beyond Automatic Renewal Membership California Complaint

February 14, 2020

California has a number of notable consumer protection laws, including the California Automatic Renewal Law in its Business and Professions Code. The complaint for this class action alleges that Bed Bath & Beyond instituted subscriptions with automatic renewals in ways that violated this law.

Bed Bath & Beyond Automatic Renewal Membership California Complaint
Tags: Undisclosed Auto Subscription Renew, Unlawful Subscription Renewal