UFC Faces Class Action over Fight Pass Subscriptions

In a class-action lawsuit filed on June 30th, plaintiff Saul Garcia alleges that Zuffa, LLC, doing business as Ultimate Fighting Championship (UFC), has violated California's Automatic Renewal Law (ARL) with its Fight Pass subscriptions. The suit argues that UFC failed to provide complete offer terms, obtain affirmative consent, and provide an acknowledgement with cancellation information, all of which are required by the ARL.

The ARL: What Does it Mean for Consumers?

The California Automatic Renewal Law (ARL) is a consumer protection law designed to prevent businesses from automatically renewing subscriptions without the explicit consent of the consumer. It requires businesses to clearly and conspicuously present automatic renewal terms, obtain consent before charging consumers, and provide an acknowledgement with offer terms and cancellation policy.

According to the lawsuit, UFC's Fight Pass subscription enrollment process allegedly violates the ARL by not clearly disclosing the automatic renewal, cancellation policy, and refund information. The plaintiff argues that the choice of law and limitations provisions in UFC's Terms of Use are unenforceable as they waive fundamental protections under the ARL, UCL, and CLRA.

What Happened to Saul Garcia?

The plaintiff, Mr. Garcia, enrolled in a Fight Pass Subscription through the Fight Pass Platform in October 2022. The complaint alleges that UFC failed to provide clear and conspicuous disclosures of the Fight Pass Subscription offer terms before enrollment. Consequently, UFC charged Mr. Garcia for the Fight Pass Subscription without obtaining his affirmative consent.

Furthermore, the UFC did not provide a post-purchase acknowledgment that included the Fight Pass Subscription offer terms, cancellation policy, and information on how to cancel. These alleged actions form the basis of the lawsuit and the claims of violation of the ARL, UCL, and CLRA.

Who are the Class Members?

The plaintiff seeks to represent a class of individuals in California who were enrolled in a Fight Pass Subscription and subsequently charged automatic renewal fees. This class action seeks relief on behalf of California consumers who have incurred fees for UFC's allegedly unlawful Fight Pass subscriptions.

It is worth noting that the subscription e-commerce industry is growing rapidly, and UFC's Fight Pass subscriptions have generated significant revenue. The lawsuit alleges that subscription businesses use dark patterns and manipulative designs to trap consumers in subscriptions and make cancellation difficult.

What is the Plaintiff Seeking?

The plaintiff seeks restitution, injunctive relief, declaratory relief, attorneys' fees, and costs. The lawsuit alleges that UFC's actions violated the California Unfair Competition Law (UCL) and the California Consumer Legal Remedies Act (CLRA). The plaintiff is demanding a trial by jury.

While the specific dollar amount the plaintiff is seeking is not mentioned, it is clear that the lawsuit could potentially cost UFC a significant amount, given the number of consumers who could be part of the class action and the multiple counts of alleged violations.

Next Steps in the Case

As the case progresses, it will be interesting to see how UFC responds to these allegations. If the court finds in favor of the plaintiff, it could set a precedent for other similar cases against subscription-based companies. On the other hand, if UFC is able to successfully defend itself, it could provide a roadmap for other businesses facing similar allegations.