Crosner Legal has filed a class action lawsuit against Oh Polly USA, Inc., alleging that the fashion retailer violates California consumer protection laws by charging hidden “Order Protection” fees during online purchases. The complaint, filed in the Superior Court of California for the County of Los Angeles, challenges Oh Polly’s use of pre-selected and undisclosed add-on charges that appear at the final stage of the checkout process without clear consent or adequate disclosure.
According to the lawsuit, Oh Polly automatically includes “Order Protection” fee in customers’ orders without requiring affirmative opt-in. This fee is added by default, and customers must take action to locate and manually deselect it. The complaint asserts that this conduct constitutes a deceptive “drip pricing” strategy, in which only part of a product’s price is advertised initially, with additional mandatory charges revealed only at checkout. California law prohibits such pricing practices unless all required fees are clearly disclosed upfront.
The lawsuit further alleges that the “Order Protection” fee provides no meaningful benefit and is not required to complete or fulfill the transaction. In doing so, Oh Polly also allegedly misrepresents its shipping terms by advertising “free shipping” while imposing this hidden charge on the consumer. The complaint brings claims under California’s Consumers Legal Remedies Act and Unfair Competition Law, arguing that these pre-checked and inadequately disclosed fees amount to unlawful negative option billing and deceptive advertising.
Recent amendments to California law have strengthened prohibitions against hidden fees. Civil Code § 1770(a)(29) makes it unlawful to advertise a product price that excludes mandatory fees unless specifically permitted by law. The lawsuit contends that Oh Polly’s practices fall outside these exceptions and seeks to hold the company accountable for its noncompliance.
Crosner Legal is committed to ensuring transparency in online retail transactions and protecting consumers from digital checkout tactics that obscure the true cost of a purchase. The lawsuit seeks injunctive relief and restitution on behalf of consumers who were unknowingly charged hidden fees while shopping on Oh Polly’s website.
If you made a purchase from Oh Polly and were charged an “Order Protection” fee without clearly consenting to it, you may have legal rights. Contact Crosner Legal for a free and confidential case evaluation.
Crosner Legal
9440 Santa Monica Blvd. #301, Beverly Hills, CA 90210
Phone: (866) 276-7637 [CROSNER]
Email: intake@crosnerlegal.com
Fax: (310) 510-6429
This post is for informational purposes only and does not constitute legal advice.