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ARTICLE · 17 FEBRUARY 2021

Complying With State Auto-Renewal Laws?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Two new decisions from the Southern District of California remind us, once again, that automatic renewal programs are not only a frequent area of legislative activity,...

United StatesConsumer Protection

Two new decisions from the Southern District of California remind us, once again, that automatic renewal programs are not only a frequent area of legislative activity, but a favorite of the plaintiffs' bar.  Although California courts have held that California's automatic renewal law ("ARL") does not itself have a private right of action, they have also stated, as does one of the decisions here, that "a consumer who has been harmed by a violation of the ARL may bring a claim pursuant to other consumer protection statutes, including the FAL [False Advertising Law], the CLRA [Consumer Legal Remedies Act], and the UCL [Unfair Competition Law]."

In one of the cases, the plaintiff alleged that he was unwittingly enrolled in Bed Bath & Beyond's Beyond Plus program, in which, for 29 dollars a year, customers receive a 20 percent discount on all of their BB&B purchases and free shipping.  The plaintiff claimed that when he made a purchase on the BB&B site, he was charged

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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