Birchbox Automatic Subscription Settlement

Tracy Davis v. Birchbox, Inc.; Case No. 3:15-CV-00498-BEN-BGS
Tiffany LaPuebla v. Birchbox, Inc.; Case No. 3:15-CV-00214-BEN-BGS
United States District Court, Southern District of California

Welcome to the Birchbox Automatic Subscription Settlement Website

A proposed class action settlement involving Birchbox, Inc. (“Birchbox” or “Defendant”) received preliminary settlement approval in the United States District Court for the Southern District of California on March 28, 2016.

Plaintiffs Tracy Davis and Tiffany LaPuebla (“Plaintiffs”) allege that Birchbox violated the requirements of California Business and Professions Code regarding disclosure, affirmative consent and acknowledgement of automatic renewal offer terms and cancelation rights in connection with a customer’s purchase of Defendant’s services, memberships, subscriptions and/or other products. Birchbox denies the allegations and asserts that its subscription sign up process provides clear notice of auto renewal, and only enrolls customers in its subscription plans with their consent. The Court has NOT decided that Plaintiffs or Defendant are right or should win. Instead, the parties agreed to a Settlement to avoid the cost of a trial and to provide Class Members with Settlement relief.

All persons in California who purchased a subscription that automatically renewed from Birchbox between January 1, 2011 and March 6, 2015 are Class Members in this settlement. Each Settlement Class Member who does not request exclusion will receive a Birchbox credit of $10 for Class Members who purchased a Women’s Subscription and $20 for Class Members who purchased a Men’s Subscription.

The Court will hold a Fairness Hearing on September 22, 2016 at 9:30 a.m. to consider the fairness of the proposed Settlement. The Court will also hear any objections and arguments concerning the proposed Settlement’s fairness at this time. Birchbox credits cannot be issued to Class Members until after the Court grants final settlement approval.

To learn more about the terms of the proposed settlement, your options, and how your legal rights may be affected, please review the Long Form Notice, Settlement Documents and answers to the Frequently Asked Questions provided on this website.