Finders Seekers LLC finds itself as the defendant in a proposed class action in which a consumer claims the monthly “thrilling mystery” gift box company has violated California law by automatically renewing customers’ subscriptions without conspicuously presenting certain service terms.
The defendant is a company that each month sends a “curious” package that prompts subscribers into participating in solving a challenging mystery. These boxes, according to the Finders Seekers’ website, include various cryptic clues, puzzles and other engaging materials meant to be researched online. According to the lawsuit, Finders Seekers has automatically renewed consumers’ subscriptions and subsequently charged their credit/debit cards without first obtaining affirmative consent to do so.
From the case:
“The page where a prospective subscriber finalized a purchase did not set forth Defendant’s full automatic renewal offer terms or continuous offer terms, including its cancellation policy, as defined above, in a 'clear and conspicuous manner' as required by Section 17602(a)(1)."
The case’s allegations are rooted in sections 17600-17606 of the California Business Professions code, which make it illegal for any business to make an automatic renewal or offer a continuous service without first presenting consumers with the terms of the service in “a clear and conspicuous manner”beforea subscription or purchasing agreement is fulfilled. Further, Finders Seekers, the lawsuit claims, went ahead and charged consumers’ credit cards without first obtaining consent to do so, as well as providing an acknowledgement that includes the automatic renewal terms of service.