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Audible class action lawsuit

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I got this email-



Notice of Final Approval of Class Action Settlement

This notice relates to a final class action settlement. Please read this notice carefully. This is not a solicitation from a lawyer.


A class action settlement was approved by the court on August 8, 2019 in the following lawsuits: Grant McKee et al. v. Audible, Inc., Case No. 2:17-cv-01941 (C.D. Cal.), and Eric Weber et al. v. Amazon.com, Inc., and Amazon Services LLC, Case No. 2:17-cv-08868 (C.D. Cal.). The purpose of this notice is to inform settlement class members about the final settlement and steps to take to participate in the benefits of the settlement.


What was the lawsuit about? These two lawsuits challenged the sufficiency of information provided to Audible customers about how membership credits work, claiming that customers may not understand that unredeemed credits are lost upon cancellation of a membership plan or upon reaching rollover limits and, for gift memberships, that credits expire following the end of the gift membership term. The lawsuits also challenged the adequacy of information provided to Audible customers related to Audible's practice of charging other credit or debit cards on file with a customer's Amazon account if a customer's primary card is declined. Audible and its parent company, Amazon, dispute the claims in each of the lawsuits and believe that their business practices, and the information provided about them, are clear and understandable to customers and comply with all applicable laws.


Why was there a settlement? No court decided in favor of either side in any of the lawsuits. Plaintiffs and their lawyers believe that the settlement is fair and in the best interest of the class because it provides appropriate recovery for class members now, while avoiding the risk, expense, uncertainty, and delay of continuing to pursue the lawsuits. Audible and Amazon do not believe that the claims against them had merit, but they agreed to settle because they believe that it is in the best interests of both the Audible business and Audible's customers to enter into the settlement.


Who is in the settlement class? You are a member of the class affected by the settlement if you fit within one or more of these definitions and did not submit a valid opt out:
Regular Member Class: "all individual consumers of Audible in the United States who, between March 10, 2013 and August 17, 2018, lost any unredeemed Paid Membership Credits."
Gift Member Class: "all individual consumers of Audible in the United States who, between August 11, 2011 and August 17, 2018, purchased or redeemed an Audible Gift Membership that resulted in one or more unredeemed Audible gift membership credits being lost."
Payment Card Class: "all individual consumers of Audible in the United States who, between March 10, 2013 and August 17, 2018, incurred charges from Audible to a credit or debit card other than the card originally designated as the primary payment card for the customer's Audible membership."


What benefits are available to class members?
Audiobook Selections: Regular Class Members and Gift Class Members (as defined above) are eligible to receive between one and four audiobooks from a settlement catalog, according to the following:
Credit(s) Lost from Rollover Limit. Every Regular Class Member who lost one or more Paid Membership Credit(s) from March 10, 2013 through August 17, 2018 due to rollover limits will be eligible to select one audiobook from the settlement catalog.
Credit(s) Lost from Cancellation. Every Regular Class Member who lost one or more Paid Membership Credit(s) from March 10, 2013 through August 17, 2018 due to cancellation of the member's Audible membership will be eligible to select one audiobook from the settlement catalog.
Lost Gift Membership Credit(s). Every Gift Class Member who lost one or more Audible gift membership credit(s) from August 11, 2011 through August 17, 2018 will be eligible to select one audiobook from the settlement catalog.

In addition, any class member who lost five or more credits in the aggregate under any of the circumstances identified above will be eligible to select one additional audiobook, for a total of up to four audiobooks.

The settlement catalog will have at least 200,000 audiobook titles, will consist of titles that have the same general list pricing as Audible's overall library, and will include certain celebrity narrations, exclusive content, award winners, and best sellers. The settlement catalog will be available for at least one year from when Audible first makes the Settlement Catalog available.

How to find out if you are eligible for one or more free audiobooks:
Audible will send a separate email to all class members who are eligible to receive one or more audiobooks from the Settlement Catalog, which will contain one or more links to the Settlement Catalog, where the eligible class members can select the audiobook(s) they are eligible to select, with instructions on how to complete their audiobook selections.

Audible will also send a reminder email regarding audiobook selections between 15 and 30 days before the one-year period ends to all class members who have remaining audiobook selections.
Reimbursement of Qualified Payment Card Expenses: Payment Card Class Members may be eligible to receive reimbursement for any Qualified Payment Card Expense that they submit to Audible along with proper documentation within 60 days of this notice of final approval of settlement. A "Qualified Payment Card Expense" means an overdraft fee or similar fee for exceeding an available balance incurred by a Payment Card Class Member between March 10, 2013 and August 17, 2018 as a direct result of Audible having charged a backup payment card instead of the Payment Card Class Member's primary payment card. To be eligible for reimbursement, a Payment Card Class Member must submit documentation sufficient to confirm that the expenses submitted for reimbursement are Qualified Payment Card Expenses. Detailed instructions on how to submit a reimbursement claim can be found here: https://adbl.co/overdraft.
Improved Disclosures: The settlement will result in additional disclosures from Audible regarding how credits work and its payment processes.

Additional information and documents related to the Settlement are available at www.mckeesettlement.com.
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24 Comments

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#2
There are people who failed to redeem Audible creditsConfused?!

I wonder how many audio books the lawyers got out of this.
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#3
Quote from Postulative
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There are people who failed to redeem Audible creditsConfused?!

I wonder how many audio books the lawyers got out of this.
About $1.5 million worth of credits (if awarded). 🙃
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#4
Oh good. Maybe Ill get 6 credits they stole.
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HIDDEN
10-11-2019 at 07:51 PM
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#6
Aww darn I thought this was about Amazon randomly setting up audible subscriptions without user agreement. Happened to me and family several times.
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#7
Would ya listen to this...
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HIDDEN
10-12-2019 at 06:03 AM
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#9
Cool. Seems fair to me. You are awarded credits only if you were affected by these issues. Just watch your emails. No muss, no fuss. Personally, I have received many selections for free, and don't recall having lost any paid credits yet, but I could be wrong. I imagine it must be easy to trace whether or not someone has actually been affected by this.
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Last edited by miseryhaha October 12, 2019 at 07:55 AM.
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#10
Quote from DaveD2608
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It's sickening how many people are sue happy these days. Get a job people and stop trying to mooch off others for money!
Try reading the notice before commenting.
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#11
Quote from miseryhaha
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Try reading the notice before commenting.
Maybe the poster was addressing Bezos and his minions.
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#12
I know for sure I lost about 4 books from this. If they're giving them back, I'll take them! I just wrote them off...
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#13
I'm with those folks who lost credits too, and hope I get a follow-up.

Was gifted credits, then realized I lost the ones I didn't use once the subscription was up...
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HIDDEN
10-12-2019 at 08:55 AM
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#15
I doubt I'm in here. I pay close attention when money is on the line.
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