Update: A Petition Accuses Martha Stewart & Marley Spoon of "Deceptive Pricing"

There's yet another class action lawsuit alleging deceptive subscription pricing. This time, the defendant is Martha Stewart & Marley Spoon, a meal kit company started by, you guessed it, Martha Stewart.

The plaintiff, Rachel Widanyan of Los Angeles, filed the lawsuit in January 2023, and it was transferred from state court to federal court this week.

According to the complaint, Widanyan ordered a $64.99 box of meals (four servings at $16.25 per meal) with free shipping in July 2022 but was charged $85.74. She claims she was required to purchase at least three boxes to participate in the advertised deal, among other things, and that the website hid additional charges.

Per the complaint:

When Plaintiff completed her transaction, she was unknowingly charged $19.99 for shipping for the first box, and $7.99 each for shipping the subsequent two boxes. The $85.74 charge was comprised of $19.99 initial shipping, two subsequent $7.99 shipping charges, and $49.77 for the food. There was no disclosure of these shipping charges, and no authorization by the Plaintiff that her card be charged these additional shipping fees.

Defendant did not provide Plaintiff any mechanism for affirmative consent to any membership program, nor did Plaintiff have any reason to believe she was signing up for such a program.

Widanyan is also asking the court to include anyone who purchased a Martha Stewart & Marley Spoon subscription in the proposed class. A copy of the Martha Stewart & Marley Spoon terms of service during the relevant time period would be helpful in determining whether there are any arbitration clauses or class action bans. Those tend to stop these types of lawsuits in their tracks. Anyone who has purchased a box has a story to share and can contact the author at [email address].

Here's a copy of the complaint, filed in the U.S. District Court for the Central District of California https://drive.google.com/file/d/1WCLtYioZgdROYogwNUQPTABMjIvSPr1u/view

And here's a link to the petition: https://www.change.org/p/martha-stewart-marley-spoon- deceived-by-deceptive-pricing-demand-a-refund