Case Overview: A class action claims Olly's online store added concealed "Order Protection" fees to customer carts, despite advertising free or flat-rate shipping, resulting in alleged false advertising and unjust enrichment.
Consumers Affected: U.S. consumers who paid an "Order Protection" or similar fee for an online purchase from Olly.
Court: U.S. District Court for the Northern District of California, San Francisco Division
A new lawsuit accuses Unilever-owned supplement brand Olly of misleading online shoppers by adding hidden fees to their carts, despite prominently advertising free or flat-rate shipping.
The proposed class action claims the company engaged in false advertising and unjust enrichment by automatically tacking on an “Order Protection” fee during checkout, which plaintiffs say is simply a disguised shipping charge.
According to the lawsuit, Olly’s checkout process is designed to mislead consumers into believing shipping is free for orders over $49, when in fact a small, optional fee is pre-selected and difficult to detect.
This “Order Protection” charge—around $1.95—is framed as a benefit to the customer, but the complaint alleges it offers no actual value and is, in essence, a junk fee added without consent.
Amanda Poore, a Washington state resident, filed the proposed class action lawsuit saying she bought more than $49 worth of vitamins and supplements from Olly’s website under the impression that her order qualified for free shipping. But a $1.95 “Order Protection” charge was added automatically to her cart without her knowledge or clear notification that it was optional.
Poore claims she only discovered the fee after completing her purchase, and that the checkout design made it extremely difficult to notice or remove the charge before paying. She’s now seeking to represent thousands of online shoppers who may have been similarly misled by Olly’s online pricing structure.
The lawsuit describes a checkout process riddled with tricks used to nudge consumers toward certain choices. When customers add items to their carts, a side panel appears promoting free shipping. But buried in fine print is a tiny fee labeled either “Checkout+” or “Order Protection,” depending on where in the process the user is.
The lawsuit says this pre-selected fee blends into the background and appears mandatory, with the opt-out option in such faint text that many customers overlook it entirely. Even if they spot the charge, some shoppers reportedly move ahead with the purchase rather than restarting the process or digging around to remove the charge.
The filing argues that this deceptive practice not only misleads customers but gives Olly an unfair advantage over competitors that disclose true shipping costs up front.
Olly isn’t the only company facing heat for hidden fees. A proposed class action in New York targets the Renaissance Faire for allegedly concealing ticketing charges until the last step of online purchases. Similar lawsuits have also been filed against ticket sellers like SeatGeek and See Tickets.
Meanwhile, freelancing platform Fiverr is being sued in California under the state’s new Honest Pricing Law, which outlaws last-minute “drip pricing.” Plaintiffs say Fiverr’s surprise fees at checkout deceive buyers and tilt the playing field against competitors who are more transparent.
In her lawsuit against Unilever, Poore wants to represent anyone who paid “Order Protection” or similar fee for a purchase from Olly. She is suing for violation of California’s Unfair Competition Law, Consumer Legal Remedies Act, unjust enrichment, and more, and seeks damages, restitution, injunctive relief, fees, costs and interest.
Case Details
Plaintiffs' Attorney:
Have you paid an unexpected 'Order Protection' fee on Olly's website? Share your experience below.
Loading...
Injury Claims keeps you informed about lawsuits large and small that could affect your daily life. We simplify the complexities of Class Action Lawsuit, open Class Action Lawsuit settlements, mass torts, and individual cases to ensure you understand how these legal matters could impact your rights and interests.
If you think a recent legal case might affect you, action is required. Select a Class Action Lawsuit or Class Action Lawsuit settlement, share your details, and connect with a qualified attorney who will explain your legal options and assist in pursuing any compensation due. Take the first step now to secure your rights.