Case Claims Bed Bath & Beyond Customers Automatically Charged for Beyond+ Membership Renewal

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A California man claims in a proposed class action lawsuit that Bed Bath & Beyond Inc. has automatically renewed customers’ Beyond+ subscriptions without obtaining affirmative prior consent or apprising the consumers of the program’s terms.

According to the lawsuit, California’s Automatic Renewal Law dictates that individuals may not be enrolled in a legally binding automatic renewal or continuous service arrangement unless the business offering the program first provides “clear and conspicuous disclosures” of the agreement’s terms and conditions. The case explains that said disclosures must include:

Moreover, the legal disclosures must be presented “in visual proximity” to the request for consent to the offer, the suit says.

The lawsuit alleges that Bed Bath & Beyond’s online customers are often pressed into enrolling in the company’s Beyond+ membership program while making purchases through the company’s website. Nowhere during the sign-up process are the program’s terms and conditions disclosed in a “clear and conspicuous” manner, the case alleges.

Per the plaintiff, the lawsuit claims the man purchased an item from Bed Bath & Beyond’s website in August 2018. The plaintiff says that in August 2019, he noticed on his credit card statement a $29.00 charge that was posted by the defendant. The man claims he never consented to nor authorized the charge, which he believes to be related to the defendant’s Beyond+ membership program.

Citing “numerous complaints” on “a variety of websites,” the suit claims the plaintiff is just one of many consumers who have been injured by Bed Bath & Beyond’s alleged conduct.

The lawsuit, which has been removed to California federal court, seeks to cover anyone in the state who “within the applicable limitations period” was enrolled in the defendant’s Beyond+ membership program.