DermaSet Was Charged With A Class Action Lawsuit For Unauthorized Debit Transactions
Dermaset Inc., an online cosmetics company, was charged with a class action lawsuit for allegedly issuing unauthorized recurring debit transactions.
A class action lawsuit was filed against DermaSet, a skincare product maker, in February 2021. The lawsuit was filed by lead plaintiff Wendy Warshauer at the California Eastern District U.S. District Court.
The lawsuit asserts that DermaSet has debited its customer’s bank accounts with recurring transactions without having valid authorization from the customer.
The plaintiff claims that DermaSet has performed a “free trial” scam by deceiving its customers to take free trials without truthfully informing consumers of the hidden auto-renewal transactions and policies involved.
The plaintiff declares that she has bought a 30-day trial from DermaSet on January 2021 through their online website.
She alleges that when she was purchasing the trial on DermaSet’s website, she saw an option to “Try for 30 Days”.
The plaintiff claims that below this option, there were deceiving statements like “2 month supply”, “Free for 30 Days,” and “Pay Only Shipping & Handling Fee.”
The plaintiff asserts that a form was presented on the website, which collected her personal information.
Below the form, the plaintiff states a small text containing a link directing to DermaSet’s policies and terms and a “Rush my Order” button, which confirms the transaction.
The plaintiff argues that the website did not require customers to read and accept DermaSet’s policies and terms before confirming the transaction.
As a result, the plaintiff claims that she was first charged an amount of $4.59 on January 21, 2021.
This amount covers the handling and shipping of the two-ounce cream for the 30-day free trial.
On February 18, 2021, the plaintiff argued that she was charged by DermaSet an amount of $179.
The amount is part of the recurring debit transactions that DermaSet executed without the plaintiff’s written consent.
Afterward, the plaintiff alleges that DermaSet has been sending her letters and emails to collect an amount of $259.
The lawsuit states that DermaSet offers a “30-day free trial” negative option.
A negative option is a marketing strategy used by sellers. They take advantage of a customer’s lack of affirmative action or confirmation to cancel a transaction as their acceptance of the offer.
The lawsuit argues that the negative option provided by DermaSet is illegal because the company failed to fully and truthfully reveal the terms of the transaction. The lawsuit complains that the company has billed and charged the customers without informed consent from the customer.
In addition, the lawsuit asserts that DermaSet did not provide customers with a simple process to stop executing the recurring charges.
The plaintiff argues that despite the instant process of accepting the transaction through the company’s website, customers would need to call the company to coordinate the cancellation, which is a more complicated process.
The lawsuit argues that by debiting transactions to consumers without their informed consent, DermaSet has defied the following laws:
- Electronic Funds Transfer Act
- California Business and Professions Code
- California Consumers Legal Remedies Act
The lawsuit aims to represent all individuals residing in the United States who have been unduly charged by DermaSet without their written consent.
Editor’s Note on DermaSet Debit Class Action Lawsuit:
This article is published to inform you of the latest class action lawsuit filed against DermaSet for allegedly charging their customers recurring debit transactions without their consent.
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