False Advertising

1-800-Flowers Faces Class Action for Auto-Renewal Violations

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1-800-Flowers Faces Class Action for Auto-Renewal Violations

In a recent class action lawsuit filed in the U.S. District Courts in the California Central District, plaintiff Damon Tate has accused 800-Flowers, Inc. of violating California's Unfair Competition Law (UCL) and False Advertising Law (FAL). The allegations revolve around the company's failure to obtain permission for automatic renewals before charging customers' payment methods.

What are California's Unfair Competition Law and False Advertising Law?

California's Unfair Competition Law is designed to protect consumers from unlawful and unfair business practices. It prohibits any act or practice that violates another law and is considered independently actionable as unfair competition. Violations can result in civil penalties, injunctive relief, or other remedies deemed appropriate by a court.

The False Advertising Law aims to prevent businesses from engaging in misleading or deceptive advertising practices that could harm consumers. Under this law, it is illegal for businesses to make false statements about their products or services in advertisements with an intent to induce consumers into purchasing those products or services.

What are the specific allegations against 800-Flowers?

The crux of the lawsuit against 800-Flowers revolves around their alleged failure to obtain affirmative consent from customers before enrolling them into automatic renewal offers or continuous service offers. According to California law, companies must clearly disclose these terms and conditions before charging customers' payment methods for such offers.

The complaint states, "(800Flowers) advertises that it costs $19 .99 to purchase the Celebrations Passport and touts the benefits of free shipping and waived service fees. But what Defendant's offer deceptively conceals from consumers is that each year following the purchase of the Celebrations Passport, Defendant automatically charges the customer an Automatic Renewal Fee of $29.99 - $10.00 more (plus tax) than the initial fee - to the Payment Method supplied by the customer (and stored by Defendant) at enrollment." It goes on to state, "Defendant's offer also deceptively conceals from consumers that they may cancel the Celebration Passport service before it automatically renews."

Plaintiff Damon Tate alleges that he was charged without his consent for an automatic renewal offer and that this practice is widespread among other customers of 800-Flowers, Inc.

Who could be considered class members in this case?

The class members in this lawsuit are individuals who have allegedly been charged on a recurring basis by 800-Flowers' actions and is open to anyone who has been affected by these practices and extends to those residing in any state.

As a representative of the class, plaintiff Damon Tate aims to protect the interests of all potentially affected individuals and has retained experienced counsel to prosecute the case on their behalf. The class action format allows for collective action and relief for all members of the class as a whole.

What damages are being sought by the plaintiff?

In addition to seeking at least five million dollars in damages, plaintiff Damon Tate requests restitution, an injunction preventing further misconduct by 800-Flowers, Inc., attorneys' fees, and associated costs.  

What could be next steps in this case?

With allegations raised against 800-Flowers, Inc., there are several potential next steps in this case: First, the defendant must file a written response in court and serve a copy to the plaintiff within 30 calendar days. This response must be in the correct legal format in order to be processed by the court.

This class action lawsuit against 800-Flowers highlights important consumer protection issues under California law. As the case proceeds through litigation or potential settlement negotiations, affected customers will closely watch developments for potential compensation and changes in business practices.

Case Facts

  • Status:
    Lawsuit Filed
  • Case Number:
    2:23-cv-04340
  • Filing Date:
    June 2, 2023
  • Jurisdiction:
    U.S. District Courts
  • State:
    California
  • Court:
    California Central District
  • Plaintiff:
    Damon Tate
  • Defendant:
    800-Flowers, Inc.
  • Plaintiff Firm:
    Hedin Hall LLP
  • Defendant Firm:
    Venable LLP
  • Claims Administrator:
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