Here are some answers to frequently asked questions received from class members. We also recommend that you review all of the terms of the Stipulation of Settlement and the other documents posted on the Settlement Website before deciding whether to (1) “do nothing” and participate in the settlement, (2) submit a written opt out by following the instructions provided in the Notice of Settlement and exclude yourself from the settlement, or (3) submit a written objection to all or part of the settlement by following the instructions provided in the Notice of Settlement.Top
No, you are not being sued. Six consumers who are or were Audible customers filed several lawsuits against Audible and Amazon in 2017. You received a “Notice of Settlement” email because you are or were a customer of Audible and you qualify as a class member in one or more of the lawsuits.Top
The lawsuits, which include Grant McKee et al. v. Audible, Inc., Case No. 2:17-cv-01941 (C.D. Cal.), (the “McKee case”) and Eric Weber and Bryan Rees v. Amazon.com, Inc., and Amazon Services LLC, Case No. 2:17-cv-08868 (C.D. Cal.), challenge the sufficiency of information provided to Audible customers about how membership credits work. The lawsuits claim 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 challenge 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 by the Plaintiffs 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.Top
No. The Court has decided that you should get a copy of the Notice so that you can review the Settlement and determine whether you want to participate in the Settlement, object to it, or exclude yourself from the Settlement.Top
You are included as a class member if:
If you received the Notice of Settlement by email from Audible, Audible’s records show you fit into one or more of the categories described above.Top
No, if you received the email from Audible with the subject line “Notice of Settlement,” you are a class member and if the Court grants final approval of the settlement, you will automatically participate in the Settlement unless you submit a written “opt out.” To submit a written “opt out,” you must follow the instructions provided in the Notice of Settlement stating that you wish to be excluded from the settlement. You do not need to submit any information or take any further action (such as attending the Fair Hearing) in order to participate in the Settlement.
If you “do nothing,” you will automatically participate in the Settlement if the Court grants final approval of the settlement. At that time, Audible will send you another email explaining what happens next and how to select free audiobook(s) you may be eligible to receive, and/or how to submit a claim for reimbursement of overdraft or similar fees, if the Court grants final approval of the Settlement.Top
If the Court grants final approval of the Settlement, Audible will send you another email informing you of the final approval. Audible will describe what steps payment card class members need to take and types of documentation to submit in order to receive reimbursement of any overdraft or similar fees they may have incurred as a result of Audible charging a payment card they did not initially designate. Class members eligible to select one or more free audiobooks will receive another email with instructions on how to select their free audiobook(s).Top
If the Court grants final approval of the Settlement, eligible class members will get to select between one and four audiobooks from a settlement catalog as described below:
In addition, if you lost five or more credits in the aggregate under any of the circumstances identified above, you will be eligible to select one additional audiobook, for a total of up to four audiobooks.
Here is a chart that provides examples of how Audible will determine how many free audiobooks participating class members will be entitled to select:
How Credits Were Lost
What the Class Member Gets
|Lost 1 credit from rollover||1 free audiobook selection|
|Lost 3 credits from rollover and 1 credit from cancellation||2 free audiobook selection|
|Lost 1 credit from rollover, 1 credit from cancellation, and 1 credit as a Gift Member||
3 free audiobook selections
Lost 5 credits from cancellation
|2 free audiobook selections|
|Lost 3 credits from rollover and 2 credits from cancellation||3 free audiobook selections|
|Lost 1 credit from rollover, 3 credits from cancellation, and 1 credit as Gift Member||4 free audiobook selections
If the Court grants final approval of the Settlement and you are eligible to receive one or more audiobooks, Audible will email you with information about what steps you need to take to select free audiobook(s) under the settlement terms. Audible will also send you a reminder email 15-30 days before the end of the one-year selection period to remind you to make all of your free audiobook selections if you have not already done so. You do not need to submit a claim for reimbursement or pay any money to select your free audiobook(s), and you do not need to be a paying Audible member now or in the future.Top
If you participate in the Settlement, you are giving up potential legal claims against Audible that are related to the advertisement, purchase, receipt, charges for, or loss of an Audible membership, Audible gift membership, Audible credits or other Audible membership benefits, or the use of an alternative payment method in connection with Audible services through August 17, 2018. You are not giving up any other potential claims.Top
No, you are not a Class Representative. You have been identified as a class member who is eligible for benefits from the Settlement. The Court has appointed the six individuals that brought the lawsuits in 2017 as Class Representatives.Top
No. The six court-approved Class Representatives each have a right to ask the Court to approve a request for a $5,000 “service award” that courts sometimes award to consumers who filed cases and sought relief on behalf of a class. Defendants have agreed not to oppose service awards to the six court-approved Class Representatives of up to $5,000 each. There is no guarantee that the six Class Representatives will be awarded $5,000 each; that decision is up to the Court.Top
The Court appointed Soderstrom Law PC as Class Counsel because that law firm is the firm that represented each of the six Class Representatives in the lawsuits against Audible and Amazon since 2016.
Class Counsel is not guaranteed payment of $1.5 million. Class Counsel will file a motion at the end of April describing the reasons why it is asking the Court to approve payment of $1.5 million from Audible and Amazon for the attorneys’ fees and costs spent in connection with the lawsuits. The Court will decide what amount to award Class Counsel, up to a maximum of $1.5 million. The payment of attorneys’ fees and costs will be made by Audible and Amazon. You will not have to pay anything to Class Counsel.Top
No. Class Counsel will answer questions the Court may have about the proposed Settlement. However, you are welcome to come to the hearing, or to have your lawyer attend, at your expense. If you submitted an objection, you do not have to appear in Court to talk about it. As long as you mailed your written objection on time, signed it, and provided all of the required information the Court will consider it. If you wish to appear at the Fairness Hearing, you must file with the Court a written notice of your intent to appear at the Fairness Hearing.Top
Any objection and supporting papers must be submitted to the Court (not just to counsel) no later than May 23, 2019, either by (1) mailing them to the Clerk of the United States District Court for the Central District of California and sending a copy by fax, U.S. mail, or email to Class Counsel and Defense Counsel at the addresses listed below; or (2) by filing them in person at any location of the United States District Court for the Central District of California, except that if you are represented by counsel you must file your objection through the Court’s Case Management/Electronic Case Filing (CM/ECF) system under the case number for the McKee Case as set forth above. The objection must include your name, address, telephone number, signature, and the reasons you object to the settlement. If you fail to object in the manner specified above you will be deemed to have waived any objections and will be prohibited from later making any objection (whether by appeal or otherwise) to the Settlement.Top
The Court will decide at a hearing—called a “Fairness Hearing”—that is scheduled for July 8, 2019 at 8:30 a.m. whether to grant final approval of the Settlement. The six Class Representatives as well as the Defendants Audible, Inc., Amazon.com, Inc., and Amazon Services LLC all believe the Settlement is fair, reasonable, and adequate and intend to ask the Court to grant final approval.
You do not need to attend the Fairness Hearing or submit any information prior to the Fairness Hearing if you want to participate in the Settlement or if you support final approval of the settlement.
If you have any additional questions, please review the documents posted on the Settlement Website.Top