Digital Fairways Lawsuit: Charges, Ads, and Cancellations

The Digital Fairways lawsuit is a 2023 class action filed against Tempe, Arizona-based Direct Fairways LLC — the parent operation behind Digital Fairways LLC — alleging that the companies used deceptive cold-call sales tactics to sell golf course scorecard and yardage-guide advertising to small businesses, charged them without authorization, and often failed to deliver the ads they paid for.¹

What the Class Action Alleges

The plaintiffs are small business owners from across the United States who paid for advertising packages and say they received little or nothing in return. The complaint asserts fraudulent misrepresentation, breach of contract, violations of consumer protection statutes, unauthorized billing, and deceptive sales practices.¹

The suit also reportedly includes labor allegations, specifically that Direct Fairways misclassified employees as independent contractors in violation of the Fair Labor Standards Act. The Federal Trade Commission and several state attorneys general have reportedly received complaints about the company as well.¹

The court, case number, and named plaintiffs have not been publicly identified in available reporting. As of mid-2026 the litigation is described as ongoing, and both companies continue to operate.

How Digital Fairways Fits In

Digital Fairways LLC was incorporated in April 2019 and markets a digital golf-tracking app. It shares its Tempe address and its principal, Michael J. Bivens, with Direct Fairways LLC, where Bivens is also listed as a member.²³ The two entities carry separate BBB profiles under different categories, but the billing complaints against them look much the same.

The Practices Behind the Complaints

The sales pitch, as customers describe it, is a cold call to a restaurant, salon, insurance broker, landscaper, or similar local business, promising exposure to “affluent golf communities” through ads on professionally printed scorecards or yardage books. Packages typically run $2,000 to $3,000, with pushes toward multi-year terms or a “Premiere Placement” upgrade.⁴

Unauthorized Charges

Business owners have reported being billed well beyond what they agreed to. One said they authorized a single $750 payment and were debited four times over several months for $3,000 total, with $2,250 allegedly unauthorized.⁵ Another reported a $598 charge on a company card after specifically declining to renew. Charges of $399 and $720 have appeared on top of previously agreed fees.⁴ Digital Fairways has drawn parallel billing complaints, with unauthorized charges reported from $399 to $1,500 and some customers billed multiple times for what was sold as a one-time fee.⁶

Ads That Never Appeared

Many complainants said the advertising they paid for never materialized, showed up in a smaller or less visible spot than promised, or appeared as a single clubhouse flyer instead of on scorecards. Some contacted the golf courses directly and were told the courses had no partnership with Direct Fairways.⁴ One Arizona café owner who paid $3,000 for ads at three courses could not get any of them to confirm the arrangement.⁵

Sales Pressure and Cancellation Trouble

Customers described being pushed to hand over credit card information before they could review terms, and then pressed to reply “yes” to confirmation emails about services that had not been rendered. After the sale, reps became hard to reach. Business owners reported being hung up on, going long stretches without a response, and being run through circular questioning when they tried to cancel.⁷ In BBB responses, Direct Fairways has said it is a legitimate advertising company with valid contracts, blamed delays on golf course management changes or production timelines, and in some cases said customers had authorized charges on recorded calls that the company declined to share.⁴

Complaint Volumes

Direct Fairways LLC has 263 BBB complaints over three years, 55 of them closed in the last 12 months. The BBB has flagged it with a “Pattern of Complaints” alert and is evaluating those complaints before issuing a rating. It is not BBB-accredited.³ Digital Fairways LLC has a separate profile with 43 complaints over three years and five closed in the last 12 months; its rating is listed as A+, and it is also not BBB-accredited.²

What Affected Businesses Can Do

For unauthorized charges, disputing the transaction with the bank or card issuer is usually the fastest step. Beyond that, save every contract, email, voicemail, and marketing sample; those documents drive any later claim.

Federal complaints go to the FTC through its fraud-reporting portal at reportfraud.ftc.gov. The FTC requires advertising claims to be truthful, non-deceptive, and backed by evidence.⁸ Most states have Unfair and Deceptive Acts and Practices statutes enforced by the state attorney general, with remedies that can include injunctions, monetary penalties, license actions, and consumer restitution. Private claims may include breach of contract, fraudulent inducement (which can allow a contract obtained through false promises to be rescinded), and unfair competition. Statutes of limitations typically run two to four years, depending on the jurisdiction. Filing with the BBB and the state attorney general in parallel builds a record that supports either path.

1
Lawnomy. Direct Fairways Lawsuit: What Small Businesses Need to Know
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Better Business Bureau. Digital Fairways BBB Profile
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Better Business Bureau. Direct Fairways LLC BBB Profile
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Better Business Bureau. Direct Fairways LLC BBB Complaints
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Better Business Bureau. Direct Fairways LLC BBB Complaints, Page 2
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Better Business Bureau. Digital Fairways BBB Complaints, Page 2
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Better Business Bureau. Direct Fairways LLC BBB Complaints, Page 12
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Federal Trade Commission. Advertising and Marketing Guidance