SAN FRANCISCO – A Mendocino County consumer alleges a website hosting service continued to charge her account after she canceled her membership.
Donna 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 California against Smart Living Co., EMerchantclub LLC and Does 1-10 alleging violation of the Electronic Funds Transfer Act.
According 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 upgrades.
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