Los Angeles- A Los Angeles judge has granted class action status to a lawsuit that charges consumers were wrongfully charged for Girls Gone Wild videotapes and DVDs.
The action by Superior Court Judge Wendell Mortimer, Jr., clears the way for the lawsuit to proceed. It charges that Mantra Films Inc. automatically signed customers up for monthly mailings after they requested a reduced-price “introductory” mailing.
“I ordered a video off the tv offer for $10 and every month now I receive a video and they charge my credit card $25 and I do not want the videos. I’ve tried contacting them to cancel it,” said Jeremy of Marysville, Ohio, in one of hundreds of complaints received by ConsumerAffairs.com.
“This is the old negative option scheme,” said Richard Doherty, an attorney with Horwitz, Horwitz & Associates, one of the attorneys representing consumers. “The class consists of all persons who were charged by the defendants for videotapes or DVDs for which defendant did not have the consumer’s express consent.”
The widely-advertised videos feature footage of scantily-clad teen-aged girls.
Earlier, the Federal Trade Commission charged Mantra Films with deceptive practices for allegedly charging consumers credit and debit cards without consent. The complaint seeks civil penalties for violations of previous Federal Trade Commission (FTC) determinations, a charge that carries a civil penalty of up to $11,000 per violation.