SAN FRANCISCO – A
Mendocino County consumer alleges a website hosting service continued to
charge her account after she canceled her membership.
Burton filed a complaint on behalf of all others similarly situated on
Feb. 13 in the U.S. District Court for the Northern District of
Smart Living Co., EMerchantclub LLC and Does 1-10
alleging violation of the Electronic Funds Transfer Act.
to the complaint, the plaintiff alleges that in 2016, she suffered
monetary damages from having funds debited to her account. The plaintiff
holds Smart Living Co, EMerchantclub LLC and Does 1-10 responsible
because the defendants allegedly kept on debiting plaintiff's account
despite her request that she no longer wished to pay for the yearly
The plaintiff requests a trial by jury and seeks
restitution, corrective advertising, actual damages,
punitive damages, all statutory enhanced damages, all legal fees,
interest and any other relief as the court deems just. She is
represented by Todd M. Friedman, Adrian R. Bacon and Meghan E. George of
Law Offices of Todd M. Friedman PC in Woodland Hills.
U.S. District Court for the Northern District of California Case number 3:17-cv-00718