Those who bought certain Rosetta Stone foreign language courses and were promised a “lifetime download” have received less than they bargained for, a proposed class action says.
The 20-page lawsuit claims Rosetta Stone, Cambian Learning Group and Veritas Capital Management “misrepresented and falsely advertised” to consumers that the download for the foreign language software would be available indefinitely. In truth, the download was available only through a limited online subscription that expired 24 months after the initial purchase, the complaint alleges.
Among the representations consumers relied on in deciding whether to purchase Rosetta Stone was the reasonable belief that the product came with a “lifetime software download,” the complaint says. In addition to the software itself, the Rosetta Stone language courses came with a limited online subscription and supporting reference materials, per the case.
Despite representing to buyers that the Rosetta Stone software was “yours to keep forever,” the defendants actively concealed the fact that they “never intended to honor a lifetime software download commitment,” the suit says, alleging that the defendants’ advertising representations served to “entice consumers to purchase the product at a set price.”
“In doing so, Defendant have violated California consumer protection statutes, including the Unfair Competition Law and False Advertising Law,” the lawsuit claims.
According to the lawsuit, the defendants intentionally concealed that the Rosetta Stone software “did not function as advertised,” amounting to a “false, fraudulent scheme and device, premised on false representations of material fact and false advertising.”
Per the suit, the plaintiff, a California resident, spent more than $145 on a Rosetta Stone “Learn Spanish: Rosetta Stone Bonus Pack” purportedly sold with a 24-month subscription and lifetime download. The plaintiff, who the case says had a “reasonable expectation that she could download the software to any PC and/or Mac at any time for at least a lifetime, and that the Rosetta Stone software was hers to keep forever,” asserts that she was never informed in any conspicuous manner that she would be buying a product that was not available to download and access after payment.
“Upon learning that Defendants were selling products not as advertised, Plaintiff felt ripped off and cheated by Defendants,” the suit shares.
The lawsuit looks to cover all consumers in California who, between the applicable statute of limitations to the present, bought or attempted to buy one or more Rosetta Stone foreign language software packages produced by the defendants but were unable to download the products onto a computer as advertised.
Since its initial filing, the lawsuit has been removed to federal court in California’s Central District.
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