1-800-Flowers Accused of Unauthorized Auto-Renewals

Case Overview: A class action lawsuit claims 1-800-Flowers improperly enrolled customers in auto-renewals for its Celebrations Passport program without their consent.

Consumers Affected: Consumers in the U.S. who were charged renewal fees for the Celebrations Passport program.

Court: U.S. District Court for the Eastern District of New York

1-800-Flowers is facing a lawsuit over claims that its Celebrations Passport membership program improperly enrolled customers in auto-renewals without their consent or adequate notification. The lawsuit, filed by Gustavo Gonzalez and William Kane in New York federal court, alleges that the floral retailer violated state and federal consumer protection laws.

1-800-Flowers Accused of Improperly Enrolling Customers in Auto-Renewals

The lawsuit focuses on the company’s Celebrations Passport program, which offers benefits like free shipping and waived service fees for an initial fee of $19.99. After the first year, the membership automatically renews at $29.99 plus tax. Plaintiffs allege that 1-800-Flowers failed to disclose the terms of these renewals in a transparent manner, leading customers to incur charges without their knowledge or explicit consent.

According to the filing, 1-800-Flowers violated New York’s Automatic Renewal Law by not presenting the renewal terms “clearly and conspicuously.” The law requires businesses to disclose automatic renewal terms, obtain affirmative customer consent, and provide reminders of upcoming renewals. The complaint claims that 1-800-Flowers neglected all three obligations.

Lawsuit Alleges 1-800-Flowers Violated Automatic Renewal Laws

Membership terms specify that the program automatically renews annually unless canceled. Notifications are required to be sent 15 to 45 days before renewal, providing customers an opportunity to opt out. Plaintiffs argue that such notices were either insufficient or entirely absent, leaving customers unaware of the recurring charges.

The plaintiffs also contend that 1-800-Flowers did not secure clear consent for auto-renewals. They claim the terms were not presented in a way that allowed customers to understand the recurring nature of the charges, violating consumer trust and legal requirements.

“By assessing automatic renewal fees without providing adequate notice or obtaining proper consent, 1-800-Flowers has violated consumer trust and the law,” the complaint states.

Other Companies Face Similar Lawsuits Over Subscription Renewals

The issue of unauthorized subscription renewals has garnered attention in other industries as well. Adobe is facing legal action over its subscription model for products like Photoshop and Illustrator. Customers alleged that Adobe automatically enrolled them in renewal programs without providing clear disclosures, violating California's Automatic Renewal Law. 

Additionally, Shapermint, a well-known brand for shapewear, is also facing claims of deceptive practices. Customers accused the company of tacking on a $4.99 monthly membership fee to purchases without their knowledge or approval. Plaintiffs argued that these charges were added surreptitiously and violated consumer protection laws by failing to secure informed consent.

In the 1-800-Flowers auto renewal class action lawsuit, Gonzalez and Kane aim to represent all U.S. residents who incurred renewal fees associated with the Celebrations Passport program and experienced similar charges. They are seeking refunds, monetary damages, and an overhaul of the company’s practices to ensure customers are informed about future fees.

Case Details

• Lawsuit: Gustavo Gonzalez et al., v. 800-Flowers Inc.
• Case Number: 2:24-cv-08894
• Court: U.S. District Court for the Eastern District of New York

Plaintiffs' Attorneys

• Arun G. Ravindran, Elliot Jackson and Frank S. Hedin (Hedin LLP)

Are you a 1-800-Flowers customer? Have you been affected by their auto-renewal practices? Share your experience in the comments below.