Matthew Belardes, on behalf of himself and all others similarly situated v. Farm Fresh To You Inc.
Published: Jan. 16, 2016 | Result Date: Dec. 4, 2015 | Filing Date: Jan. 1, 1900 |Case number: 37-2014-00041774-CU-MC-CTL Settlement – $3,900,000
Court
San Diego Superior
Attorneys
Plaintiff
Trevor M. Flynn
(Fitzgerald Joseph LLP)
Jack Fitzgerald
(Fitzgerald Joseph LLP)
Defendant
Charles L. Post
(Weintraub, Tobin, Chediak, Coleman & Grodin Law Corp.)
Facts
Matthew Belardes brought a class action complaint against Capay Inc. regarding a fruit and produce delivery service, Farm Fresh to You Inc., for alleged violations of California Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act and the Rosenthal Fair Debt Collection Practices Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Belardes contended that Capay enrolled unsuspecting consumers in its Farm Fresh to You delivery service against their will, sent them unwanted produce deliveries, and then attempted to collect the fraudulent debts if not paid.
DEFENDANT'S CONTENTIONS:
Farm Fresh to You denied Belardes' allegations.
Result
Pursuant to the settlement reached between the parties, Capay will reverse the disputed debts, valued at $3,254,320. It will also provide 5,217 class members who claimed misrepresentation credits for two free produce deliveries worth a total of $70, for a total value of $365,190. Capay has also agreed to a wide variety of business practice changes. The class consists of 49,416 persons. There was also $300,000 in attorney fees awarded.
Other Information
FILING DATE: Dec. 10, 2014.
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