Crosner Legal has achieved a significant early victory in a proposed class action lawsuit filed against a major online retailer concerning allegedly deceptive “package protection” fees. In a crucial decision, the Superior Court of California in Ventura County rejected the defendant’s attempt to have the case dismissed, allowing the important consumer protection lawsuit to proceed.
The lawsuit alleges that the retailer automatically adds a “junk fee” for package protection or shipping insurance to customers’ online shopping carts during the final steps of the checkout process. Our client, on behalf of a class of potentially thousands of consumers, alleges that the company’s website is designed to trick customers into paying the extra fee without realizing it is an optional charge.
Early in the case, the defendant filed a demurrer—a legal challenge seeking to have the lawsuit thrown out before it could even begin. They argued that, even if the allegations were true, they did not amount to a valid legal claim.
The Court disagreed. In denying the defendant’s request for dismissal, the Court affirmed the legal merit of the claims. This ruling is a critical milestone, and it represents one of the only favorable decisions for consumers in this emerging area of litigation challenging hidden “package protection” fees in California and nationwide. This victory clears the path for our firm to continue the fight to hold the company accountable for its deceptive practices.
Crosner Legal is committed to fighting against the kind of unfair and deceptive business practices alleged in this case. This victory is an important step toward ensuring transparency for consumers in the online marketplace.
This post is for informational purposes only and does not constitute legal advice.