1-800-Flowers Celebrations Passport Program Auto-Renewals Violate California Law, Class Action Says

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A proposed class action lawsuit claims 1-800-Flowers has violated California law by charging consumers for a recurring paid program without obtaining consent or providing proper notice.

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The 20-page lawsuit says that the online flowers and gifts retailer has run afoul of the state’s Automatic Renewal Law (ARL) by failing to clearly present the terms of its Celebrations Passport membership program, provide notice prior to subscription renewals and obtain consent before charging consumers.

Per the suit, the Celebrations Passport program waives shipping and service fees for one year for all orders made on the websites of brands owned by the defendant, including 1-800-Flowers.com, Harry & David, Personalization Mall, Shari's Berries, 1-800-Baskets.com, Simply Chocolate, FruitBouquets.com, Cheryl's Cookies, The Popcorn Factory, Wolferman's Bakery and Vital Choice.

According to the case, the Celebrations Passport membership fee costs $19.99 for the first year, but the program automatically renews at a cost of $29.99 plus tax, which is charged annually to the member’s credit or debit card on file. However, 1-800-Flowers “deceptively conceals” that consumers can cancel at any time, the complaint alleges.

1-800-Flowers has purportedly designed its various websites to disclose the terms of the Celebrations Passport program in an “intentionally inconspicuous manner,” the filing relays. The defendant conceals the fact that the program renews automatically, and that a member will be charged each year, by displaying these required disclosures in small print indistinct from the surrounding text, the lawsuit argues.

In addition, the websites mislead consumers into believing that the program costs $19.99 per year, when, in fact, the renewal fee after the first year is $10 higher than the original price, the suit contends.

By neglecting to display the terms of the membership program in a “clear and conspicuous” way, 1-800-Flowers has failed to obtain lawful consent from consumers before charging them recurring fees, the case claims.

Moreover, the complaint alleges that the company does not send program members a notice to inform them of an upcoming renewal at least 15 to 45 days beforehand, as required under the ARL.

The plaintiff, a Los Angeles resident, paid $19.99 for a Celebrations Passport membership in 2020 but was in subsequent years automatically charged $29.99 plus tax by the company for continued enrollment, the filing says. The plaintiff claims he was not aware of the renewal fee or its price increase and was not provided with notice before being charged without consent.

The lawsuit looks to represent anyone residing in California who incurred an automatic renewal fee in connection with 1-800-Flowers’ Celebrations Passport within the applicable statute of limitations period.

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