California has strict laws on automatic renewals of subscriptions and continuous service offers. The complaint for this class action alleges that ButcherBox, LLC did not meet the requirements for these renewals for consumers in the state of California.
The class for this action is all persons in California who, during the applicable statute of limitations up to the judgement of this case, bought any product or service in response to an “automatic renewal offer,” as defined in California law, from ButcherBox, LLC, its predecessors, or its affiliates, via the website www.butcherbox.com.
ButcherBox’s website offers subscriptions for beef and related products. Plaintiff Kyle Johnson bought a subscription, but the complaint claims the company did not provide the automatic renewal or continuous service offer terms, cancellation policy, or information on how to cancel, in a form that Johnson could retain.
Under the California law, it is unlawful for any company offering a renewal or continuous service offer to a consumer in California to “[f]ail to provide an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy and information regarding how to cancel in a manner that is capable of being retained by the consumer.”
The “automatic renewal offer terms” referred to above must include certain clear and conspicuous disclosures, according to the complaint:
- “That the subscription or purchasing agreement will continue until the consumer cancels.”
- “The description of the cancellation policy that applies to the offer.”
- “The recurring charges that will be charged to the consumer’s credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known.”
- “The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer.”
- “The minimum purchase obligation, if any.”
Also, the law specifies, “A business making automatic renewal or continuous service offers shall provide a toll-free telephone number, electronic mail address, a postal address only when the seller directly bills the consumer, or another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgement…”
There is one bright spot. The law says, “In any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer’s affirmative consent as described …, the goods, wares, merchandise or products shall for all purposes be deemed an unconditional gift to the consumer…” Perhaps Johnson enjoyed some free beef for his trouble.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
ButcherBox Subscription Automatic Renewals California Complaint
May 15, 2019
California has strict laws on automatic renewals of subscriptions and continuous service offers. The complaint for this class action alleges that ButcherBox, LLC did not meet the requirements for these renewals for consumers in the state of California. The complaint claims the company did not provide the automatic renewal or continuous service offer terms, cancellation policy, or information on how to cancel, in a form that consumers could retain.
butcherbox_auto_renewals_complaint.pdfCase Event History
ButcherBox Subscription Automatic Renewals California Complaint
May 15, 2019
California has strict laws on automatic renewals of subscriptions and continuous service offers. The complaint for this class action alleges that ButcherBox, LLC did not meet the requirements for these renewals for consumers in the state of California. The complaint claims the company did not provide the automatic renewal or continuous service offer terms, cancellation policy, or information on how to cancel, in a form that consumers could retain.
butcherbox_auto_renewals_complaint.pdf