[belorn]

> When a user goes to checkout of any online store, they're not going to read everything on every page. It's a process they're very familiar with so they're going to skim and click through quickly. I know this, you know this, and JustFab knows this.

This is the key point. If I know, you know, and JustFab know, then JustFab is without doubt acting in deceitful behavior. The act of deliberately portraying a subscription as an sale, usually comes down to the FTC (and sometimes State law) under the heading of False advertising.

Going to justfab website, nowhere on the front page or in the catalog does the word "subscription" become uttered. Not even in the linked checkout images is it mentioned. Justfab could argue that "everyone knows" that a VIP membership is the same as subscription, but it would be up to them to argue and prove that.

The front page especially could also be targeted, as it states clearly that 2 pairs goes for 39.95, and uses the word "buy" to describe it rather than subscribe.

[nolok]

For adding to your argument, I have a VIP membership at Qatar Airways and it does not include a subscription. So as you say, one does not automatically means the other.

[aestra]

I argue the term "VIP membership" is in itself deceitful on purpose. A VIP membership means nothing, and certainly doesn't mean "subscriber."

"I have a subscription to Wired magazine."

"I have a VIP membership to JustFab."

One the meaning is obvious, the other is meaningless without context.

When you sign up for a site, and create an account, you can be considered a member. I am a member of Hacker News. The VIP is just a potentially meaningless quantifier, some sites like to say "our members our very important people to us."