Peacock Class Action Says NBC Streaming Platform Automatically Re-Ups Subscriptions Without Consent [UPDATE]

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A proposed class action alleges Peacock has illegally renewed consumers’ streaming subscriptions automatically and without proper disclosures, in violation of California’s Automatic Renewal Law (ARL). 

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The 46-page complaint claims the NBCUniversal subsidiary automatically enrolls a consumer upon initial sign-up into a program that automatically renews their Peacock subscription without consent, causing their payment card to be charged each month or year. 

The ARL requires online retailers such as Peacock to provide a consumer, prior to re-enrolling them in a service, with the complete terms of the automatic renewal offer “in a clear and conspicuous manner and in visual proximity to the request for consent” to the offer, as well as obtain affirmative consent prior to charging a customer’s payment method, the lawsuit states. The law also requires Peacock to provide a consumer with an acknowledgment that includes the automatic renewal offer terms and identifies a “cost-effective, timely, and easy-to-use mechanism” to cancel their subscription, the case adds. 

“[T]he enrollment process for a Peacock Subscription on the Peacock Platform uniformly violates each of the core requirements of the ARL,” the filing alleges, claiming Peacock also makes it “exceedingly difficult and unnecessarily confusing” for a consumer to cancel their subscription. 

According to the case, Peacock relies on “consumer confusion and inertia” to retain customers, combat churn and pad its revenues. The suit alleges Peacock has successfully utilized “dark patterns,” including the “roach motel,” “misdirection” and “forced continuity” methods, on its platform to effectively “trick users into doing things they might not otherwise do,” such as sign up for recurring charges. Moreover, these dark patterns increase “friction” within the cancellation process, leading to a reduction in subscriber churn rates and making it next to impossible for a user to cancel, the complaint says. 

“It has further led to an increase in accidental or unintentional sign-ups by consumers for paid Peacock Subscriptions, in effect increasing subscriber count and, thus, Defendant’s overall revenues from renewal fees,” the case adds. 

Per the suit, the internet is littered with complaints from consumers who’ve dealt with Peacock’s “unclear” cancellation policies and “confusing” billing practices.

The lawsuit looks to cover all persons in California who, within the applicable statute of limitations period, incurred renewal fees in connection with a Peacock subscription. 

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