LICEA v. DREAMHOST, LLC

    Plaintiff

    • Name: Luis Licea
    • Filing date: April 29, 2020
    • State of filing: California

    Defendant

    • Name: Dreamhost LLC
    • Website: www.dreamhost.com
    • Industry: Internet Software and Services
    • Summary: Dreamhost is a web hosting company offering website hosting, WordPress hosting, domain names, and migration servcies.

    Case Summary

    On April 29, 2020, Luis Licea filed a Complaint in California State court against Dreamhost LLC. Plaintiff Luis Licea alleges that www.dreamhost.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Failure to provide clear and conspicuous disclosures;
    • Faire to present the automatic renewal offer terms or continuous servcie offer terms in a clear and conspicuous manner before the subscription or purchasing agreement was fulfilled. 
    • Failure to provide an acknowledgement.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • California Code, Business and Professions Code - BPC § 17602
    • Unfair Competition Law, 
    • California Code, Business and Professions Code - BPC § 17602

    Plaintiff seeks the following relief by way of its Complaint:

    • That the Court determine that this action be maintained as a class action, and define the Class as requested herein;
    • That the Court find and declare that the Defendant has violated Cal. Bus. & Prof. Code Section 17602(a)(1) by failing to present the automatic renewal offer terms, or continuous service offer terms, in a clear and conspicuous manner and the visual proximity to the request for consent to the offer before the subscription or purchasing agreement was fulfilled;
    • That the Court find and declare that Defendant has violated Cal. Bus. & Prof. Code Section 17602(a)(2) by charging Plaintiff and Class Members' Payment Method without first obtaining their affirmative consent to the automatic renewal offer terms or continuous service terms;
    • That the Court find and declare that Defendant has violated Cal. Bus. & Prof. Code Section 17602(a)(2) by failing to provide an acknowledgement that includes the automatic renewal or continuous service offer terms, cancellation policy and information on how to cancel in a manner that is capable of being retained by Plaintiff and Class Members;
    • That the Court find and declare that Defendant has violated Cal. Bus. & Prof. Code Section 17602(a)(2) by failing to provide an acknowledgement that describes a toll-free telephone number, electronic mail address, a postal address only when the seller directly bills the consumer, or another cost-effective, timely, and easy to use mechanism for cancellation;
    • That the Court find and declare that the Defendant has violated the UCL and committed an unlawful business practice by violating Cal. Bus. & Prof. Code Section 17602.
    • That the Court award to Plaintiff and Class Members damages and full restitution due to Defendants UCL violations, pursuant to Cal. Bus. & Prof. Code Section 17602;
    • That the Court find that Plaintiff and Class Members are entitled to injunctive relief pursuant to Cal. Bus. & Prof. Code Section 17602;
    • That the Plaintiff and the Class be awarded reasonable attorneys' fees;
    • That the Court award such other and further relief as this Court may deem appropriate.

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