Wolf Popper and co-counsel Kingsbury Law PLLC represent consumers in a class action lawsuit alleging that Performance Golf Products, LLC and Black Fish Media, LLC (collectively, “Performance Golf”) deceptively, unlawfully and unfairly enrolled customers into the company’s automatically renewing “Scratch Club” subscription without disclosure or consent.
Performance Golf markets its golf training products—such as its “One Shot Slice Fix”— as being subject to a one-time fee. However, a 14-day trial of Scratch Club is surreptitiously added to customers’ orders, which then automatically renews into perpetuity until the customer takes affirmative steps to cancel it. As a result of Performance Golf’s subscription enrollment scheme, many consumers were charged at least $19 per month for months or even years without realizing they had been enrolled.
The class action lawsuit alleges that Performance Golf conduct violated Florida and California’s consumer protection statutes, as well as the common law principle of unjust enrichment. The case is currently pending in the Northern District of California.