UFC Owner Contends Its Fight Pass Renewal Practices Are ‘Wholly Lawful’

Zuffa denies plaintiff Saul Garcia’s allegations it violated California’s Automatic Renewal Law (ARL) when it sold him a $9.99 recurring monthly streaming subscription to Ultimate Fighting Championship Fight Pass (see 2308030039), and will soon move to dismiss Garcia’s claims, said the sports promotion company in a joint status report Thursday (docket 2:23-cv-01211) in U.S. District Court for Nevada in Las Vegas. Zuffa, which owns 49.9% of UFC, contends Garcia’s claims can’t be “maintained” as a class action, it said. It asserts Garcia contracted to apply Nevada law to claims arising from the Fight Pass services, and his California law claims “are barred for that simple reason,” it said. Even if Garcia’s claims aren’t barred by the application of Nevada law, the disclosures he pleads in his complaint confirm Zuffa’s compliance with the ARL, it said. Zuffa alternatively argues the safe harbor provisions under California law exempt it from liability to Garcia “because the ample disclosures evidence a clear attempt to comply with the ARL in good faith,” it said. Zuffa ultimately contends its UFC Fight Pass practices “are wholly lawful,” it said. No discovery has been conducted in the case, said the joint status report. The parties plan to submit a discovery plan and scheduling order after Zuffa “files its answer or responsive pleading in this action,” it said.