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Birchbox Faces Consumer Fraud Class Action Lawsuit

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Los Angeles, CA: An unfair business practices class action lawsuit has been filed against high end cosmetics retailer Birchbox Inc. According to the complaint, Birchbox, an online subscription-based cosmetics seller that allows customers to sign up for monthly boxes of cosmetic samples based on their preferences, is in violation of California state business laws because it fails to disclose to its users that their shipments automatically renew.

Tiffany Lapuebla, the plaintiff who filed the class action, purchased a subscription to Birchbox in January 2013. According to the suit, Birchbox failed to show Lapuebla the renewal terms clearly. They charged Lapuebla' credit card without getting her affirmative consent to the automatic renewal terms and failed to give information about how to cancel the service. The lawsuit also claims there is no disclosure in Birchbox' acknowledgment for free trials about how to cancel before getting charged for the recurring subscription.

Lapuebla is also accusing Birchbox of violating the state' unfair competition statute based on the name of the subscription in her shopping cart: "Women' Rebillable Monthly Subscription."

The proposed class includes any Birchbox subscribers since 2011 and seeks unspecified damages.

Lapuebla is represented by Abbas Kazerounian and Mona Amini of Kazerouni Law Group APC and Joshua B. Swigart and Sara Khosroabadi of Hyde & Swigart.

The case is Tiffany Lapuebla v. Birchbox Inc., case number 3:15-cv-00214, in the U.S. District Court for the Southern District of California.



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