Judge John Koeltl
Despite selecting only three days of “full membership,” Mazzola claimed online roommate-matching service Roomster charged her credit card $29.95 for three consecutive months. Mazzola claimed she was unable to reverse the charges using Roomster’s online procedures, and that she could only cancel her membership by canceling her credit card to avoid further charges. Mazzola’s putative class suit against Roomster and its principalsinitially brought in federal court in Californiaasserted claims for contract breach, fraud, conversion, negligent misrepresentation and violation of California’s Consumer Legal Remedies Act. The court dismissed Mazzola’s conversion claim. However, her other claims were denied dismissal to the extent they relied on defendants’ alleged refusal to permit Mazzola to cancel her membership. To the extent Mazzola’s claims other than conversion alleged defendants’ failure to adequately disclose Roomster’s automatic renewal billing procedure, those claims were dismissed. Among other things, defendants accurately disclosed the automatic renewal procedure in a “terms of use” agreement Mazzola twice said that she accepted.
