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In the state of Washington, a second-class action lawsuit has been brought against Tori Belle Cosmetics.

Much of the same material is involved in the August 2nd-filed initial state-level class-action lawsuit.

Leslie Shon Weathers, a class representative, alleges that she was wrongfully charged $9 per month for 25 months.

Affiliates pay a $9 monthly membership fee to Tori Belle.

Texas resident Weathers asserts that she began working for Tori Belle in January 2020.

Plaintiff signed up to be an Affiliate for Tori Belle in January 2020 and ordered items for about $18.

Plaintiff agreed to the terms of the Agreement but never participated in Tori Belle; she neither sold any products nor added any new salespeople to her downline.

Only the initial $9 charge, which allowed her access to the Tori Belle website, was known to her. She was not aware that each month, Tori Belle continued to stealthily charge her credit card.

After she signed up to be an affiliate, Tori Belle proceeded to bill her $9 per month for the following 25 months.

Plaintiff contacted Tori Belle on August 11, 2022, requesting the closure of her account.

Tori Belle once more charged Plaintiff $9 on August 15, 2022.

$9 a month might seem simple to overlook, but what if you didn’t see it on your credit card account for 25 months in a row? That’s a bit tough to believe.

Weathers specifies two grounds for termination in the 2019 revisions to Tori Belle’s Affiliate Terms, which were in effect when she joined up.

1. If an Affiliate doesn’t pay their monthly access fee, their company will be suspended and they won’t be able to get commissions or bonuses for that month until all past-due access costs have been paid. The Affiliate Agreement will expire if the Affiliate doesn’t pay its access price for three (3) consecutive months.

2. Following a non-renewal of an Affiliate’s Affiliate Agreement, termination for inactivity (less than $300 in retail sales in six months), voluntary or involuntary termination of an Affiliate’s Affiliate Agreement (all of these methods are collectively referred to as “termination”), the former Affiliate shall have no right, title, claim, or interest to the marketing organization they operated, nor any commission or bonus from the individual retail sales they generated.

All rights as an Affiliate are forfeited by an Affiliate whose business is dissolved.

The first clause does not apply because Weathers kept paying her monthly fee exactly as it was due.

Because Weathers never made any retail transactions, Weathers claims that the second clause is applicable.

After their Agreements were terminated due to inactivity or periods of nonpayment, Tori Belle continued to charge its Affiliates monthly fees.

Instead, even years after their Agreements were canceled, Tori Belle still billing former Affiliates every month.

Some Affiliates had to delete their credit cards to prevent getting charged since Tori Belle was so aggressive in its overcharging and disregarded their objections.

Furthermore, Tori Belle decided to keep the money rather than reverse incorrect charges even after Affiliates objected.

Weathers aims to create and serve as the voice of a possibly thousands-strong national class.

Through discovery, Defendant will provide the precise number of Class Members and their addresses.

If given the go-ahead, Weathers plans to establish

a) Whether Defendant violated the terms of the Agreement;

(a) The validity of the defendant’s fee assessments to those who had left the firm; and

(c) Whether the actions of the defendant caused harm to the plaintiff and other members of the class.

I did observe that Weather overcharged by $216 over 24 months. According to the class action lawsuit,

Excluding interest and fees, the amount at issue surpasses the total or worth of $5,000,000.

The amount would only total $2.1 million even if 10,000 Tori Belle associates were billed $216 apiece.

Although I have no idea how many affiliates Tori Belle has had throughout the years, I believe we may be going a little far.

In any case, on August 3rd, Tori Belle declared bankruptcy under Chapter 11. On August 16, a class action lawsuit against Weathers was filed.

According to what I understand, this automatically stays Weathers’ planned class action while Tori Belle’s Chapter 11 procedures are being resolved.

I’ll monitor the case docket for any developments.

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