Licea v. Dreamhost, LLC

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.

About the defendant

Dreamhost is a web hosting company offering website hosting, WordPress hosting, domain names, and migration servcies.

What the complaint says

The problems the plaintiff describes with the website.

• 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.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

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

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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.