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Kiala Nutrition is a brand of nutritional powders and gummies that claims to help with all manner of ills, from digestion to bloating to better looking skin. But many consumers are reporting online that they’ve been signed up for undisclosed subscriptions for as much as $200 a month. They say that the subscription terms weren’t actually disclosed to them during the checkout process, and that they were suddenly hit with bills they didn’t know were coming.
If you’ve been signed up for an unwanted subscription with Kiala, our firm may be able to help. We specialize in consumer class actions, and we’ve had a number of settlements against companies involved in undisclosed subscriptions. For example, we recently recovered $7.5 million in class action settlements for a group of consumers who were signed up for undisclosed automatic renewals of a skin cream.
Fill out the form or call our number, and one of our attorneys will evaluate your claims.
Is it legal for companies to sign me up for a subscription without disclosing it?
No, there are a number of laws that protect consumers at both the state and federal level. For example, California has what’s called the Automatic Renewal Law, which places strict limits on disclosure and how to cancel. At the federal level, there are multiple laws, including ROSCA (the Restore Online Shoppers Confidence Act) and the FTC Click to Cancel Rule.
We’ve also repeatedly used RICO, the Racketeer Influenced and Corrupt Organizations Act, to sue companies that signed people up for subscriptions without consent. That’s because federal law prohibits wire fraud – sending knowingly false or misleading information over the Internet to try to get money. And we’ve defeated motions to dismiss our case in our cases, with courts holding that a jury could find hidden subscriptions to be wire fraud.
What if I have other problems with Kiala Nutrition?
We’ve seen other complaints as well about the products not working as advertised, or the advertising materials not being accurate. We’re happy to investigate those issues as well. There are a lot of rules from the Food and Drug Administration about what kinds of claims you can legally make about a product, in particular about whether it can have an effect on the structure or function of the human body. And while normally a federal agency called the FDA (the Food and Drug Administration) enforces these laws, there are ways for private citizens to sue and stop people from making illegal claims about what their product can do. That’s important, because the reason these FDA adopted these regulations in the first place is to stop people from claiming their products are cure-alls without properly testing them.
How does a class action against a powder / gummy company work?
A few people (sometimes just one) act as representatives of the entire class. They sue in their name, and the judge decides if the case is one that’s appropriate for treating as a class action. If it is, the settlement is for the entire group of people. Each of them gets a payment out of the total fund for the settlement. With a company that sells powders and gummies online, there are usually records of who’s in the class (unlike cases where people buy from a store). That can make it easier to manage the case as a class action.
What should I do if I’m interested in suing Kiala Nutrition?
Fill out our form and give us as much information as possible about your situation, and we’ll get back to you and evaluate your claims.
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