Lawsuit: Smart Living Company Violated Electronic Funds Transfer Act

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Website hosting groups Smart Living Company and EMerchantclub, LLC are the defendants in a proposed class action lawsuit that claims they unlawfully debited proposed class members’ bank accounts on a recurring basis even though consent and authorization to do so was clearly revoked. Filed in California, the lawsuit says the defendants’ alleged conduct is “inherently deceptive” because it misrepresents to consumer the price of the companies’ services.

The plaintiff says in 2008 he signed up for the defendants’ website hosting services, for which she paid roughly $29.99 per month with yearly $199.99 upgrades. These costs would be deducted by the defendants from the plaintiff’s account on a recurring basis. In March 2016, the plaintiff told the defendants she no longer wished to pay for the yearly $199.99 upgrades and sent multiple emails “clearly revoking any consent or authorization from [the defendant] to deduct these funds.”

After this clearly revocation of authorization, the lawsuit claims the defendants continued to charge the plaintiff.