Santa Clara, CA: A consumer fraud class action lawsuit has been filed against the support services subscriptions company, FreshDesk Inc, alleging it failed to adequately present its terms for automatic renewal or continuous services.
Filed in California, by Victoria Kissel, individually and for all others similarly situated, the lawsuit asserts FreshDesk Inc. and Does 1-10, has violated the California Automatic Renewal Law and Unfair Competition Law.
Specifically, the suit claims that when customers purchased subscriptions for any products from FreshDesk, the company made automatic renewal or continuous service offers but failed to present the terms of these offers in a clear and conspicuous manner.
Additionally, the plaintiffs allege FreshDesk charged customers without first obtaining their consent to enter into the agreement containing the offer terms, and failed to provide an acknowledgment that includes the offer terms, cancellation policy and cancellation information.
Kissel and others in the class are represented by attorneys Gillian L. Wade of Milstein, Adelman, Jackson, Fairchild & Wade in Los Angeles, and Scott J. Ferrell, Richard H. Hikida, David W. Reid and Victoria C. Knowles of Newport Trial Group in Newport Beach, California.
The case is US District Court for the Central District of California Case number 2:16-CV-02777-TJH-PLA.
