People of the State of California v. Relish Labs LLC dba Home Chef
Published: Apr. 15, 2022 | Filing Date: Jan. 5, 2021 |Case number: 21STCV00306 Bench Decision – $450,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Duke T. Chau
(Office of the Los Angeles District Attorney)
Seza C. Mikikian
(Office of the Los Angeles District Attorney)
Stephen M. Spinella
(Office of the San Diego District Attorney)
Jennifer Deng
(Office of the Santa Clara County District Attorney)
Tamalca A. Harris
(Office of the Santa Clara County District Attorney)
Douglas B. Allen
(Office of the Santa Cruz County District Attorney)
Francisca B. Allen
(Office of the Santa Cruz County District Attorney)
Gary W. Rhoades
(Office of the Santa Monica City Attorney)
Defendant
Mark D. Litvack
(Pillsbury Winthrop Shaw Pittman LLP)
Facts
Relish Labs LLC, dba Home Chef is a subscription-based online meal kit delivery company headquartered in Chicago. The company employs roughly 300 people in its San Bernardino production facility. The People of California sued on behalf of the class members against Home Chef, alleging violations of the California Business and Professions Code. The class included all people enrolled in a paid subscription at www.homechef.com between March 1, 2016, and January 12, 2021, who were charged for at least one automatic renewal cycle without their affirmative consent and who had not received a refund.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant failed to present automatic renewal offer terms before the online subscription was fulfilled, charged for the automatic renewals without first obtaining its California consumers' affirmative consent to the renewal terms, failed to provide an email confirmation of the transaction immediately after the contract was made, failed to provide the mechanisms for its California consumers to cancel the automatic renewal, and using their website for the sale of its services in a materially misleading way.
DEFENDANT'S CONTENTIONS: Defendant admitted no wrongdoing and denied all contentions.
Result
$450,000 settlement. Home Chef must institute a restitution program to reimburse all California consumers who were part of the class and are entitled to a portion of the settlement. Home Chef also must clearly and conspicuously disclose its automatic renewal terms and receive affirmative consent from customers to the terms through a checkbox before charging for an automatic renewal. Finally, Home Chef must email customers a confirmation of the transaction after they pay that clearly indicates renewal terms and allows them to cancel their subscription.
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