Grant McKee, individually and on behalf of all others similarly situated, Plaintiff, v. Audible, Inc. and Amazon.Com, Inc., Defendants, Case No. 2:17-cv-01941, (C.D. Cal., March 10, 2017), seeks damages, restitution, and all other relief resulting from unjust enrichment and violation of the Lanham Act, False Advertising Law, Unfair Competition Law and Automatic Purchase Renewals Law of the California Business and Professions Code,
Credit Card Accountability Responsibility and Disclosure Act, the federal Electronic Funds Transfer Act, Gift Certificate Law and Consumers Legal Remedies Act under the California Civil Code.
Plaintiff signed up for an audiobook purchasing plan with Audible, an Amazon.com company, in which prepaid credits could be redeemed with them for an equivalent number of audiobooks. However, once members accrue a certain number of prepaid credits, their credits start to expire to make room for new credits, but were still charged, forfeiting all previously purchased credits. Defendants also failed to disclose to consumers of the required “automatic renewal” payment and cancellation terms at the point of sale. As a result, Plaintiff and Class members have been charged regularly and automatically without being fully informed of the consequences and related cancellation policy as required by law. Also, the terms imposed on Audible members authorize Audible to charge any credit card linked to a member’s separate Amazon account if the credit card given directly to Audible is declined for any reason.
Defendants have made these misleading representations on their websites and other places in violation of the federal Lanham Act, says the complaint.
Mr. McKee signed up for an Audible “Gold Monthly” membership plan.
Plaintiff is represented by:
Jamin S. Soderstrom, Esq.
SODERSTROM LAW PC
3 Park Plaza, Suite 100
Irvine, CA 92614