Some users have pointed out that ExpressVPN’s different subscription tiers are misleading. The three options are one billed every month for $12.95 per month, another plan billed every 6 months for $9.99 per month, and finally, one that they advertise as 12 months (+ 3 months free) for $6.67 per month, billed initially once in the first 15 months, then returning to a 12-month cycle. However, when customers who signed up for the 12-month plan looked at their bank statements, they saw charges for $99, which would equal approximately $8.25/mo.

ExpressVPN’s position is that the $6.67 figure is equivalent to the $99 spread over the 15 months, but if that is the case, it is unclear why they described the additional 3 months as “free.” Additionally, if one continues that 12-month subscription beyond the first year, the subscription will bill on a normal 12-month cycle, with the cost of $99 remaining the same, rendering the $6.67 figure entirely inaccurate after the first billing cycle. Customers may have claims for false advertising and for restitution in the amount of the difference in the price they expected to pay, and the price they actually paid.

At some point, ExpressVPN ended the promotion, and no longer advertises 3 months free on the annual subscription, so the issue does not persist, but there are still likely a large number of customers who subscribed based on the promotion as it persisted at least between February 2020 and May 3, 2022.

ExpressVPN’s terms of service include a mandatory binding arbitration provision, but no class action waiver.  

Michael Kors settled a relatively similar lawsuit in 2015, alleging that they were falsely representing discounts from MSRP prices that did not actually exist.