Shapermint Secretly Enrolls Consumers in Paid Membership Program Without Consent, Class Action Claims

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A proposed class action lawsuit accuses Favorite World, LLC, which does business as Shapermint, of unlawfully enrolling consumers in recurring, paid memberships without authorization.

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The 35-page lawsuit claims that the online retailer, which sells women’s swimwear, shapewear and intimates through Shapermint.com, has run afoul of California’s Automatic Renewal Law (ARL) by failing to properly disclose the terms of its automatically renewing Shapermint Club membership program—including details about its cancellation policy—and subsequently charging consumers a monthly $4.99 subscription fee without consent.

According to the case, when a customer makes a purchase on Shapermint.com, the checkout page presents them with several “shipping method” options, one of which allows the shopper to “[a]dd Shapermint Club for Free & Save $9.95 on FREE Priority Shipping.” While the page states that the Shapermint Club membership is “[o]nly $4.99/month” after the 30-day free trial, it is not disclosed anywhere on the screen that a customer who selects this option will be automatically charged the recurring monthly fee after the trial period ends, the complaint alleges.

Notably, even consumers who do not select the Shapermint Club free shipping method are enrolled in the membership program and subsequently charged recurring monthly subscription fees, the filing asserts.

Per the lawsuit, the checkout page, in violation of the ARL, fails to inform consumers that the membership will continue until canceled and does not disclose the methods by which customers may do so.

In addition, at no point during checkout does Shapermint require shoppers to read or agree to any terms of service associated with the membership program, the suit says. Unless a consumer clicks a hyperlink on the checkout page that allows them to view the service’s “full terms,” they will not see the entire terms and conditions before making a purchase and being enrolled in the recurring program without their knowledge, the case contends.

Furthermore, Shapermint’s email confirmation of a customer’s purchase—which, by law, should include “clear and conspicuous” disclosures of the offer’s terms and cancellation policy and provide details about how to cancel—contains “even less of the required information” than the checkout page, the complaint charges.

The filing alleges that Shapermint is under no illusions about its deceptive membership enrollment and auto-renewal practices, as a “deluge of negative reviews” posted by customers online bemoans the company’s policies and the “confusing and needlessly arduous” subscription cancellation process.

The lawsuit looks to represent anyone in the United States who was enrolled in the Shapermint Club and charged at least one membership fee during the applicable statute of limitations period.

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