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When Canceling Subscriptions Is Not Easy…

SiriusXMThere has been a movement lately by federal and state consumer authorities to make cancellation of subscriptions much easier. It is often said that cancellations need to be as easy as initial sign-ups.

In fact, the federal law called Restore Online Shoppers’ Confidence Act (“ROSCA”) has been on the books since 2010. It says for negative option plans, like subscriptions that continue from month to month until canceled provides:

*MOUSE PRINT:

…simple mechanisms for a consumer to stop recurring charges from being placed on the consumer’s credit card, debit card, bank account, or other financial account.

The New York Attorney General decided to go after SiriusXM for making it difficult for customers to cancel. They alleged that subscribers had to speak to a live agent, who, working from a prepared script, presented ever-more-enticing retention offers to discourage the member from cancelling. Basically, they were instructed not to take no as an answer.

Don't take "no" for an answer.

The New York Supreme Court took up the matter and ruled. While finding in favor of SiriusXM on various of the state’s legal theories of state law violations, they found that Sirius’ actions violated ROSCA. Specifically, the court pointed to a 2021 interpretive statement from the FTC that said in part that cancellation methods have to be as easy as their sign-up method, and that the companies should not subject consumers to new offers or similar attempts that unreasonably delay the consumer’s cancellation efforts.

Given those requirements, the court found in favor of New York and ordered that (monetary) damages be assessed.

(This story comes from the Mouse Print* archive of unpublished stories of consumer interest.)

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Salisbury Steaks — Where’s the Beef?

MrConsumer has never purchased frozen Salisbury steak dinners, but having read a story from Truth in Advertising about their ingredients, he became curious.

I always (foolishly) assumed that the burger-like patties in these dinners were made from beef. But nay, nay.

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Lean Cuisine Salisbury steak

In fact, Lean Cuisine’s patty is made from beef and pork.

Worse news came when checking the ingredients statements of some other Salisbury steak dinners.

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On-Cor Salisbury steak
Banquet Salisbury steak

In these products, beef was no longer the first ingredient in the patties — in fact, it was the last ingredient among the main contents. There was more chicken, pork and water in each patty than beef!

All is not bad news for Salisbury steak lovers. Stouffer’s boldly promotes that its patties are made with 100% beef.

Stouffer's Salisbury steak

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Post Is Skimping on Cereal Servings Per Box Says Lawsuit

A New York consumer is suing Post over allegedly misleading claims for one of its breakfast cereals. (See complaint.)

The cereal in question, 19.5-ounce “family size” boxes of Post Fruity Pebbles, is supposed to have enough cereal for 15 one-cup bowls of cereal.

*MOUSE PRINT:

Fruity Pebbles label

The consumer’s lawyers contend, however, that it has far less.

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Fruity Pebbles allegations

They hired an independent testing lab which determined that the cereal is denser than the label indicates, so you actually only get 11.3 one-cup serving per box, and thus the claimed amount of calories, sugar, and sodium is far higher per serving than represented.

Fruity Pebbles difference

So, the company is being sued for false and misleading statements and unjust enrichment under New York law. They are asking the judge for refunds and corrective advertising.

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