$33M Free Trial Recurring Billing Auto Renewal Class Action Settlement
By Steve Levine
Published: December 12, 2025
Settlement Amount: $33,000,000 Total
Estimated Payout per Person: $20.00+
Claim Form Deadline: March 4, 2026
What Is the Free Trial Recurring Billing Class Action?
If you tried a “free trial” online and later saw unexpected monthly charges on your card, this settlement may be for you. A new $33,000,000 open class action has been settled on behalf of American consumers who were charged repeatedly after signing up for certain "free" or low-cost trial online.A $33 million open class action settlement has been reached in consolidated lawsuits alleging that Wells Fargo & Company and Wells Fargo Bank, N.A. helped companies known as the Apex Entities, Triangle Entities, and Tarr Entities run deceptive online free trial and recurring billing programs for consumer products. According to the lawsuits, consumers were drawn in with offers such as a risk free trial for just the cost of shipping and handling, then were charged full price and enrolled in monthly continuity plans without clear consent.
The class action lawsuit claims that Wells Fargo opened bank accounts for dozens of related companies and transferring millions of dollars into their third party accounts, which allegedly allowed the schemes to operate and process recurring payments. Wells Fargo denies all wrongdoing, denies liability, and the Court has not decided who is right. The settlement was reached to avoid the uncertainty, burden, and expense of continued litigation.
Which Products are Included in the Recurring Billing Settlement?
| Tarr Products | Apex Products | Triangle Products |
|---|---|---|
| Alpha Rush Pro | Evermax | Advanced Trim |
| Beauty Labs | Virility | BioSlim Burn |
| Bella Labs Instant Wrinkle Reducer | Testro | Body Boost Garcinia |
| Biofinite | Biogenic | Body Restore Cleanse |
| Brain Storm Elite | Celexas | Cerebral X |
| Cellublast | NeuroXR | Erase Repair HA |
| Crème del Mar | ElitePro | Eye-Fi |
| Dermarose Eye Serum | DermaC | Garcinia Clean XT |
| Dermarose Face Cream | NeuroSleep | Garcinia Lean Xtreme |
| Elite Test 360 | TestoXR | Nature Renew Cleanse |
| Fat Burn X | Flawless | NO Max Shred |
| Fat Shred X | Follicure | OxyGenius |
| Flawless Raspberry Ketone | FocusZX1 | PhytoLyft |
| Forskolin Belly Buster | Rejuvius | Rapid Lift FX |
| Garcinia Cambogia Slim Fast | Lumera | Renewing Serum |
| Green Coffee Fat Burn | Sleepeze | Synagen IQ |
| Jacked Muscle X | Juveliere | TextX Core |
| La Crème Anti-Wrinkle Cream | Dermanique | Triton Krill Oil |
| Miracle Garcinia Cambogia | Garcinia | Ultra Pure Forskolin |
| Miracle Green Coffee | Yacon | Vitamood Plus |
| Miracle Muscle | SlimBody | Wrinkle Rewind |
| Miracle Phytoceramides | PureBody | |
| Miracle Saffron | OptimalPet | |
| Perfect Age Skin Care | ||
| Ripped Muscle X | ||
| Superior Muscle X | ||
| Superior Test X | ||
| The Memory Plus | ||
| Try Miracle Cleanse | ||
| Ultimate Muscle Black Edition |
Who Are Apex, Triangle, and Tarr?
The class action settlement involves three companies that marketed similar types of "free" or low-cost online offers to allegedly rope consumers into auto renewal or recurring billing that they may have been blindsided by:Tarr
The Tarr Entities included Tarr Inc., Ad Kings LLC, Apex Advertising LLC, Brand Development Corp., and a number of related marketing companies. They promoted products such as Alpha Rush Pro, Elite Test 360, Fat Burn X, Garcinia Cambogia Slim Fast, Miracle Green Coffee, Ripped Muscle X, Superior Muscle X, The Memory Plus, and various skin care and anti wrinkle creams through free trial and continuity offers.
Apex
The Apex Entities included Apex Capital Group, LLC, along with various international affiliates and related companies. They marketed products with names like Evermax, Testro, Biogenic, DermaC, Lumera, Juveliere, Dermanique, Garcinia, SlimBody, and even pet products such as OptimalPet, often tied to online trial offers.
Triangle
The Triangle Entities included Triangle Media Corporation, Jasper Rain Marketing LLC, and Hardwire Interactive Inc. They sold products such as Advanced Trim, BioSlim Burn, Erase Repair HA, Eye Fi, Garcinia Lean Xtreme, NO Max Shred, OxyGenius, Synagen IQ, and other supplements and beauty products under free trial and auto renewal arrangements.
Did the FTC Do Anything About These Free Trial Programs?
Before this $33M open class action settlement, the Federal Trade Commission brought separate enforcement actions against Tarr, Triangle, and Apex. The FTC alleged that these companies engaged in unfair and deceptive practices by:• Marketing online trial offers as free or low cost
• Failing to clearly disclose that consumers would be enrolled in recurring billing continuity plans
• Charging consumers monthly without proper consent
• Making it hard for consumers to cancel or get refunds (Under the "Auto Renewal Law")
The FTC created refund programs for certain consumers. Those prior FTC refund programs are important in this settlement because some class members already received money, while others did not. The settlement treats those groups differently for claim filing.
Who Is Included in the Settlement Class?
You may be part of this open class action settlement class if:• You were enrolled in recurring billing by any Tarr Entity, Triangle Entity, or Apex Entity
• This occurred at any time from 2009 to the present
• The enrollment was tied to one of the covered consumer products, including those mentioned above, such as personal care items, electronic cigarettes, or dietary, health, or beauty supplements for weight loss, muscle development, hair growth, skin care, sexual performance, or cognitive abilities
Do I Need to File a Claim?
Whether you must submit a claim depends on whether you already received an FTC refund and which entities enrolled you in recurring billing:1. If you previously received an FTC refund for Apex or Triangle
• You do not need to submit a claim to receive an additional settlement payment tied to Apex or Triangle
• You may automatically receive a further payment through the FTC refund program, subject to any minimum payment threshold the FTC sets
• If you were also enrolled in recurring billing by a Tarr Entity, you still need to file a claim for the Tarr portion
2. If you did not receive an FTC refund and/or you were enrolled by a Tarr Entity
• You must submit a timely and valid claim form to receive any settlement payment
• You can claim with documentation of your out of pocket losses, or claim a smaller flat payment without documentation, as explained below
What Does the Settlement Provide?
The $33 million class action settlement funds will be used to pay:• Cash payments to eligible class members with approved claims
• Notice and settlement administration costs
• Court approved attorneys fees and litigation expenses
• Service awards to the class representatives, if approved by the Court
The class action settlement fund will be divided among claims linked to the three sets of entities using these initial allocation percentages:
• 45.17% for Triangle related charges
• 32.26% for Apex related charges
• 22.57% for Tarr related charges
Within each group, payments are subject to pro rata calculations and a minimum payment threshold. The notice explains that a typical threshold is around ten dollars. If a calculated payment falls below that threshold, it may be rounded down to zero, and that money is redistributed among claimants whose payments meet or exceed the threshold.
How Much Can I Get Paid?
There are two main paths to compensation, depending on whether you still have documentation.With Documentation
If you were enrolled in recurring billing and have records of what you paid, you can seek a pro rata payment based on your documented loss. Examples of acceptable documentation include:
• Credit card statements
• Bank statements
• Email receipts or confirmations for the recurring charges
Self prepared documents, such as handwritten notes, are not enough by themselves but can support other records. You must also disclose whether you received any refunds, chargebacks, or reimbursements related to these charges from the companies, your bank, your card issuer, or other sources.
Without Documentation
If you no longer have records but remember that you were enrolled by a Tarr, Apex, or Triangle Entity, you can still file for a smaller flat payment. The notice says:
• You may be eligible for a flat cash payment of up to $20
• You must briefly describe or name the product, give approximate purchase dates, and explain how you obtained it
• You must confirm that you were enrolled in a recurring billing program
• You must state that you did not receive any refunds or reimbursements, or disclose any amounts that you did receive
Both types of claims are subject to pro rata reduction, allocation rules among the entities, and minimum thresholds. The final amount each person receives will depend on the number and size of valid claims that are approved.
How to File a Claim
To receive money from this settlement, you must submit a claim form if:• You did not receive a payment from the FTC refund programs for Triangle or Apex, and/or
• You were enrolled in recurring billing with a Tarr Entity
You can file a claim in two ways:
• Online: Visit the official settlement website and complete and submit the claim form online.
• By Mail: Download and print a paper claim form from the settlement website, fill it out, and mail it to the settlement administrator at the address listed on the form. It must be postmarked by the deadline.
All claim forms must be submitted online or postmarked by March 4, 2026 at the very latest. The administrator may contact you for more information and will use anti fraud measures to verify claims. Claims that are late, incomplete, or show strong indicators of fraud may be rejected.
Do I Need Proof to File a Claim?
It depends on which benefit you request:• With Proof: If you seek a documented loss payment, you must provide documentation of the charges and disclose any refunds or chargebacks.
• Without Proof: If you seek the flat payment of up to $20 without documentation, you still must certify under penalty of perjury that you were enrolled in recurring billing by one of the covered entities, briefly describe the product and dates, and disclose whether you received any refunds or reimbursements.
All claims must be signed and certified under penalty of perjury. Providing false information can lead to denial of your claim and potential penalties.
Key Deadlines
• Claim submission deadline: March 4, 2026
• Exclusion (opt out) deadline: March 5, 2026
• Objection deadline: March 5, 2026
• Final Approval Hearing: March 26, 2026
How to Opt Out of the Settlement
If you want to keep your right to sue Wells Fargo or other releasees on your own about the claims in this case, you must exclude yourself from the class.To opt out, you must mail a written request for exclusion that includes:
• The case name and number: McNamara v. Wells Fargo Bank, N.A., et al., Case No. 3:21 cv 1245, or the consolidated caption as listed in the notice
• Your name, address, telephone number, and email address (if any)
• The name or names of the product or products involved
• Documentation sufficient to show you are a class member
• A statement that you request to be excluded from the class
• Your personal signature, or the signature of an authorized representative for an entity
Your exclusion request must be mailed to the settlement administrator at the address given in the notice and postmarked by March 5, 2026. Requests sent by email or phone cannot be accepted, and mass or group exclusion requests that are not individually signed are not valid.
How Do I Find Class Action Settlements?
Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:What Are My Award or Payout Options?
• Submit a claim form: If you qualify and your claim is approved, you may receive a payment based on your documented losses or a flat payment of up to $20. You will give up the right to sue Wells Fargo and other releasees separately about the released claims.
• Do nothing: If you do nothing and you did not receive an FTC refund for Apex or Triangle and were not paid through Tarr, you will receive no settlement payment. You will still be bound by the settlement and will release claims unless you opt out.
• Exclude yourself by March 5, 2026: You will not receive a payment from this settlement, but you will keep your right to sue Wells Fargo and other releasees on your own for the claims covered by this case.
• Object by March 5, 2026: You remain in the class, keep the possibility of a payment, and ask the Court to deny or change some part of the settlement. You can also ask to speak at the final approval hearing.
Final Approval Hearing
The Court will hold a final approval hearing on March 26, 2026, at 1:30 p.m. before the Honorable Todd W. Robinson at the Carter Keep Courthouse, 333 W. Broadway, Courtroom 14A, San Diego, CA 92101. At that hearing the Court will decide whether the settlement is fair, reasonable, and adequate, and whether to approve attorneys fees, expenses, and service awards.You are not required to attend. Class counsel will appear and answer the Court’s questions. If you file a timely objection and say that you intend to appear, the Court may let you speak at the hearing at its discretion.
Claim Form Website: Settlement Site
Submit Claim
Official Settlement Notice
Sources
• Official Settlement Website: Settlement Site• United States District Court for the Southern District of California, John McCraner et al. v. Wells Fargo & Co. et al., Case No. 3:21 cv 1246 TWR DDL, and Thomas McNamara v. Wells Fargo & Co. et al., Case No. 3:21 cv 1245 TWR DDL
• Federal Trade Commission cases and refund programs for Tarr, Triangle, and Apex Entities, including public case information and refund details at FTC refund resources
Filing Class Action Settlement Claims
Please submit only truthful information. False claims can be rejected and may carry penalties. If you are unsure whether you qualify, review the official notice or contact the settlement administrator. OpenClassActions.com is a consumer news site and is not a settlement administrator or a law firm.
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| Class Action Summary | |
| Status | Proposed Settlement |
|---|---|
| Claim Form Deadline | March 4, 2026 |
| Settlement Amount | $33,000,000 |
| Category | Recurring Billing, Auto Renewal, Free Trial Offers |
| Estimated Payout per Person | Pro rata based on documented losses, or up to $20 without documentation (subject to pro rata reductions and minimum thresholds) |
| Case Numbers | 3:21-cv-1246-TWR-DDL; 3:21-cv-01245-TWR-DDL |
| Case Titles | John McCraner et al. v. Wells Fargo & Co. et al.; Thomas McNamara v. Wells Fargo & Co. et al. |
| Court | United States District Court for the Southern District of California |
| Final Approval Hearing | March 26, 2026 |
| Claim Website | Settlement Site |