Plaintiff Barabara Rosenbloom called Telebrands Corp. to buy one item. Without her permission, the complaint alleges, Telebrands then began to charge her credit card $14.99 per month for its Everyday Savings Program.
The class for this action is all persons in the US who, between September 11, 2013 and the present, were charged money by Telebrands for its Everyday Savings Program without having affirmatively enrolled in it.
Telebrands claims to be “the oldest existing direct response marketing company and the original creator of the ‘As Seen on TV’ logo and category of trade.” It has an Everyday Savings Program that purports to be a “premier savings club that makes it easy to find great deals on the things you love. Everyday Savings club members receive instant access to over 200,000 money-saving deals” for restaurants, shopping, auto care, travel, and entertainment.
When plaintiff Rosenbloom called the company in April 2018, all she wanted was to order an item she’d seen on TV called a Hurricane Spin Scrubber. She gave her credit card information to the person she spoke to in order to pay for it.
She did not give the company permission to charge her for anything else. However, Telebrands charged her an extra dollar on April 17, and then $14.99 on June 10 and again on July 8.
This does not seem to be an accident or even an unusual occurrence. The complaint alleges that the company has engaged in this misconduct for years. It cites the fact that “in 2011 Telebrands entered into a settlement with the Iowa Attorney General for improperly charging customers monthly fees for its ‘Everyday Savings’ program.” The complaint quotes the Iowa Attorney General as saying, “Too often, purchases from Telebrands led to month after month of membership charges to a consumer’s credit or debit card for a membership the consumer didn’t use and didn’t even know about.
The complaint confirms this by quoting online postings from consumers protesting about this same thing.
One said she was “charged every month $14.99 for some sort of membership, that I do not recall being informed of, or agreeing to.” Another said, “Never [received] information or agreed to it…” Yet another complained, “They said I bought an anklet (sic) in 2017 and I signed up to get discounts, etc. I didn’t remember signing up, so I have been charged $14.99 for over two years.”
The main count is violation of the New Jersey Consumer Fraud Act.