Elysium Matter Class Action

Elysium Matter Class Action Lawsuit in California

Elysium Matter Class Action

Tauler Smith LLP, an L.A.-based law firm focusing on consumer fraud litigation, recently filed a lawsuit against Elysium Health, Inc. for (1) the company’s violations of consumer protection laws, and (2) the company’s violations of California’s law against automatic renewal offers by failing to clearly disclose the terms of its monthly subscription contract with customers.

Tauler Smith LLP is currently looking to certify a class of California plaintiffs for a class action lawsuit against Elysium related to the company’s Matter supplement. If you are a victim of Elysium’s business fraud and false advertising, your next step should be to contact our experienced California business fraud lawyers.

False Advertising by Elysium Health, Inc.

Elysium Health, Inc. is a company that markets dietary supplements with ingredients which supposedly extend the human lifespan and protect users against hereditary and genetic degenerative conditions associated with the normal aging process. “Matter” is a dietary supplement marketed by Elysium as being capable of “slowing age-related brain loss.” Although the company’s claims are supported by an “Oxford Study,” whether this study provides any meaningful evidence is a question that will be at issue in the case. What the Oxford Study actually found is that high plasma levels of a certain amino acid are correlated with brain atrophy in healthy older adults.

If, in fact, Elysium relied on deceptive advertising practices to make misleading claims about “Matter,” this would constitute a possible violation of the California Consumers Legal Remedies Act (CLRA). The CLRA, codified in Cal. Civ. Code §§ 1750, is a statute which allows plaintiffs to bring private civil actions against companies that use “unfair methods of competition and unfair or deceptive acts or practices in a transaction.” A consumer who purchased Matter and took the pill in the hopes of improving their health may have a valid legal claim against Elysium Health.

Elysium’s Automatic Renewal Service Violates California’s ARL

Elysium Health, Inc. violates California’s law against automatic renewal offers by failing to clearly disclose the terms of its monthly subscription contract with customers. Once Elysium has convinced an unsuspecting consumer to make a one-time purchase of Matter, the nutritional supplement company then uses deceptive business practices to lock the customer into a contract that is virtually impossible to cancel or otherwise get out of. This is a violation of California’s Automatic Renewal Law (ARL). The ARL, which is codified in Cal. Bus. & Prof. Code §§ 17600, explicitly requires companies like Elysium to clearly and conspicuously explain any “automatic renewal offer terms.”

The automatic renewal service subscription for Matter that Elysium enrolls customers in does not provide clear and conspicuous disclosures about the service or the associated charges that will be automatically billed to the customer’s credit card each month.

Did You Buy Elysium Health’s Matter Supplement? Contact the California Business Fraud Lawyers at Tauler Smith LLP

The California business fraud attorneys at Tauler Smith LLP are committed to protecting consumers by bringing an end to Elysium Health’s deceptive business practices. If you purchased Matter, or any other anti-aging products sold and marketed by Elysium Health, Inc., you should contact our legal team today to discuss your eligibility for a class action lawsuit. Call us now at 310-590-3927 or fill out the online contact form below.

Did you purchase Elysium Health's "Matter" supplement?

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Automatic Subscription Renewal Law

The Legality of Automatically Renewing Subscriptions

Automatic Subscription Renewal Law

You know the feeling. You sign up for a one-year subscription—whether it’s for TV and internet services, food delivery, clothing, a dating app, or countless other products and services—intending to pay only for that year. Or you sign up for a “free trial,” thinking you will only be charged if you actually buy the service. But then, without your knowledge and consent, you are charged for an additional subscription period, or for a product or service you never intended to buy. Unfortunately, this happens to consumers every day, and companies often rely on these deceptive practices to get your business and your money.

The good news is that many states, including California, have laws like the ARL to ensure that consumers enter subscription programs with full knowledge and affirmative consent. To learn more, keep reading this blog.

What Is the Automatic Renewal Law?

In 2009, the California Legislature passed the Automatic Renewal Law, Business and Profession Code Section 17600 (the “ARL”), to “end the practice of ongoing charging of consumer credit or debit cards . . . without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service.”

You may be entitled to relief under the ARL if any of the following apply:

  1. You were charged for a subscription that automatically renewed without your knowledge and consent.
  2. You signed up for a “free trial,” and without being able to cancel the service, were charged anyway.
  3. You signed up for a “free trial,” and there was no “clear and conspicuous explanation” of the offer’s pricing or change in pricing upon the trial’s end.
  4. You signed up for the subscription online, but there is no online cancellation option.
  5. For non-online subscriptions, there are none of the following cancellation methods: (a) a toll-free telephone number; (b) an email address; (c) a postal address, if the seller directly bills the consumer; or (d) another “cost-effective, timely, and easy-to-use mechanism.”

What Are the Disclosure Requirements Under the ARL?

Under the ARL, any business initiating an automatic renewal or continuous service offer to a California consumer must:

  • Disclose the terms of the offer.
  • Obtain the consumer’s affirmative consent.
  • Provide the consumer an acknowledgement of the order.
  • Provide simple cancellation procedures, along with other miscellaneous requirements.

Whether they are offered orally or in writing, the offer terms must be disclosed in temporal or visual proximity to “the request for consent to the offer.” Id. § 17602(a)(1).

The disclosures must also be “clear and conspicuous.” Id. A visual disclosure is clear and conspicuous if it is “in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size . . . in a manner that clearly calls attention to the language.” Id. § 17601(c). An audio disclosure is clear and conspicuous if it is “in a volume and cadence sufficient to be readily audible and understandable.” Id. Three other important aspects of the ARL are: A company must allow a consumer to cancel an automatic renewal or continuous service offer exclusively online if the consumer accepted the offer online ( § 17602(c)); and An automatic renewal or continuous service offer that includes a free gift or trial must have a “clear and conspicuous explanation” of the offer’s pricing or change in pricing upon the trial’s end ( § 17602(a)(1)); and A “free gift or trial” triggers a disclosure in the acknowledgement about how to cancel–and an allowance for cancellation–before the consumer pays for the good or service ( § 17602(a)(3)).

Can You Sue If Your Subscription Was Automatically Renewed Without Your Consent?

Although there is no private right of action under the ARL, a private plaintiff may bring an action under California’s Unfair Competition Law, Business & Professions Code §§ 17200 et seq. (“UCL”), for restitution and injunctive relief, as long as the plaintiff has suffered injury in fact and lost money or property. See Lopez v. Stages of Beauty, LLC, 307 F. Supp. 3d 1058, 1070 (S.D. Cal. 2018).

Contact the California ARL Lawyers at Tauler Smith LLC Today

Victims of false advertising should report illegal subscriptions to the California ARL lawyers at Tauler Smith LLC. Our experienced attorneys can investigate the subscriptions and help you obtain compensation. Call 310-590-5927 or fill out the online contact form to schedule a consultation.

 

Was your subscription automatically renewed?

You may be entitled to compensation. Contact us for a free evaluation.