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Dovel & Luner Sues Whoop

Press Release

SANTA MONICA – On Tuesday, Dovel & Luner filed a class action lawsuit against Whoop, Inc., which sells wearable fitness bands and fitness tracking memberships. Filed on behalf of California consumers, the lawsuit alleges that Whoop violated California law by failing to get appropriate consent before enrolling consumers in its automatically renewing membership.

The Complaint, filed in the United States District Court for the Northern District of California, alleges that Whoop violated California consumer protection laws, including the Automatic Renewal Law.

As the Complaint states, the purpose of the Automatic Renewal Law is to “end the practice of ongoing” subscription charges “without the consumer’s explicit consent.” Accordingly, a company must present the automatic renewal offer terms “in a clear and conspicuous manner,” and obtain “affirmative consent” before enrolling consumers in automatically renewing subscriptions. 

According to the lawsuit, Whoop failed to do either.  The Complaint alleges, “At the end of the membership period or trial period, Whoop automatically renews customers for an additional year of membership at the annual membership price,” but “does not provide clear and conspicuous disclosures or obtain affirmative consent before enrolling consumers in any of these autorenewal plans.” Therefore, the Complaint alleges that Whoop is violating California’s Automatic Renewal Law.

“Consumers deserve to know when they are being enrolled in an automatically renewing subscription,” said Simon Franzini of Dovel & Luner.

SOURCE Dovel & Luner, LLP

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