Class Action Claims UFC Fight Pass Automatic Subscription Renewals Violate California Law [UPDATE]

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A proposed class action out of California alleges Zuffa, LLC has violated state law by enrolling consumers in automatically renewing UFC Fight Pass subscription plans without providing certain mandatory disclosures.

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The 35-page lawsuit was filed by a Los Angeles consumer who says he thought he purchased a license to view a single pay-per-view fight on UFCFightPass.com in July 2020, only to notice in August 2021 that the defendant had enrolled him in a recurring subscription and automatically charged him a monthly fee of $9.99 for 15 months.

According to the case, the plaintiff was unaware that he had signed up for a recurring subscription to the sports streaming service due to UFC Fight Pass’s unlawful failure to obtain his affirmative consent to the offer and clearly disclose its auto-renewal terms and cancellation policy.

Like the plaintiff, millions of other consumers have been tricked into unwittingly purchasing monthly or yearly subscriptions to UFC Fight Pass because of the defendant’s “unclear billing practices and confusing cancellation policy,” the filing contends. In fact, the complaint argues, UFC Fight Pass has made the “deliberate decision” to rely on “consumer confusion and inertia to retain customers, combat consumer churn, and bolster its revenues.”

Although California’s Automatic Renewal Law (ARL) requires companies to “clearly and conspicuously” present the complete “automatic renewal offer terms” before a transaction is completed, the terms featured on UFC Fight Pass’s checkout page are overshadowed by large calls-to-action and “illegible to the naked eye without increasing the zoom level even on a large computer screen,” the case contends.

In addition, a large red “Secure Checkout” button, placed under a line item that simply reads “Total US$9.99,” implies that consumers are agreeing to a single charge tied to a single pay-per-view fight rather than a monthly subscription, the filing argues.

Moreover, UFC Fight Pass never requires consumers to read or affirmatively agree to any terms of service associated with their UFC subscription and, therefore, does not obtain their consent to automatically charge their credit or debit cards for a continuous service, the suit says.

The ARL further states that before and after consumers make their purchase, companies must inform them of the length of the automatic renewal period, how much they will be charged, how they can cancel their subscription, when they must cancel to avoid an additional month’s charge and that the fees and service will continue until they cancel, the filing relays. Companies are also required to send consumers a post-purchase acknowledgment identifying an “easy and efficient” cancellation process, the lawsuit adds.

Per the complaint, UFC Fight Pass’s checkout page and follow-up email fail to adequately present these mandatory disclosures to consumers.

The lawsuit looks to represent anyone residing in California who, during the applicable statute of limitations period, incurred renewal fees in connection with Zuffa’s UFC subscription offerings.

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