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Old 04-06-2019, 05:26 PM   #1
KyBunnies
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If you have used Audible services....

https://www.mckeesettlement.com/




If you have used Audible services, your rights could be affected by a class action settlement.
A Settlement has been reached in the class action lawsuits Grant McKee et al. v. Audible, Inc., Case No. 2:17-cv-01941 (C.D. Cal.), and Eric Weber and Bryan Rees v. Amazon.com, Inc., and Amazon Services LLC, Case No. 2:17-cv-08868 (C.D. Cal.). These two lawsuits, as well as two similar lawsuits pending in other courts, challenge 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 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.
No court has decided in favor of either side in any of the lawsuits. Plaintiffs and their lawyers believe that the claims they have made against Audible and Amazon have merit, but that the proposed 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. In reaching this conclusion, Plaintiffs and their lawyers considered the possibility that one or more of the Plaintiffs and many of the class members might be required to bring their claims individually in arbitration, and the possibility that the lawsuits might ultimately result in no recovery whatsoever. Audible and Amazon do not believe that the claims against them have merit. They are settling because they believe that it is in the best interests of both the Audible business and Audible’s customers to enter into the proposed settlement.

YOUR RIGHTS AND OPTIONS REGARDING THE SETTLEMENT IF YOU QUALIFY:
DO NOTHING
If you do nothing in response to this Notice, you will give up your right to object to the settlement or be excluded from the settlement if it is approved. However, if the settlement is approved, you will automatically become a class member. If you are a Regular Class Member or Gift Class Member, you will receive an email from Audible within 90 days of approval indicating whether you are eligible to select audiobooks from the settlement catalogue as part of the settlement, and if so, the number of audiobooks you are eligible to select and providing instructions on how to select them and Audible will also send you an email between 15 and 30 days before the settlement catalogue closes (which will be at least one year after you receive the original email) to remind you about your selection rights. If you are a Payment Card Class Member, you will receive an email from Audible within 90 days of approval informing you of how to request reimbursement for documented Qualified Payment Card Expenses.
OBJECT

DEADLINE: May 23, 2019
You may write to the Court about why you object to (i.e., don’t like) the settlement and think it should not be approved. Filing an objection does not exclude you from the settlement. Even if you object, you will still become a class member if the settlement is approved. To object to the settlement, you must send a letter saying that you object to the Audible settlement in the McKee class action. Be sure to include your name, address, telephone number, signature, and the reasons you object to the settlement. Any objection and supporting papers must be filed with the Court 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. 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 agreement.
REQUEST TO BE EXCLUDED FROM THE SETTLEMENT

DEADLINE: May 23, 2019
You may exclude yourself from the settlement, if it is approved, by submitting a written request for exclusion to KCC LLC, P.O. Box 404099, Louisville, KY 40233-4099. Your request for exclusion must include your name; your current address; the email address associated with the Amazon.com account you used to sign up for your Audible membership; a statement indicating that you would like to be excluded from the settlement in McKee v. Audible, Inc., Case No. 2:17-cv-01941 (C.D. Cal.); and your signature. If you exclude yourself from the settlement and it is approved, you will not receive any audiobooks under the settlement and you will retain your right to file your own claims in arbitration or court against Audible or Amazon.
GO TO THE “FAIRNESS HEARING”

HEARING DATE:
July 8, 2019 at 8:30 a.m.
The Court will hold a “Fairness Hearing” to consider the settlement, the request for attorneys’ fees and costs by the lawyers who brought the lawsuits, and the Plaintiffs’ request for incentive awards for bringing the Litigation. You may, but are not required to, speak at the Fairness Hearing about any objection you filed to the settlement. If you intend to speak at the Fairness Hearing, you must also submit a “Notice of Intention to Appear” to the Court and the parties’ attorneys, indicating your intent to do so. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in the McKee v. Audible, Inc. Class Action Settlement Fairness Hearing.” Be sure to include your name, address, telephone number, signature, and the reasons you object to the settlement. Mail the notice to the Court, and send a copy by fax, U.S. mail, or email to Class Counsel and Defense Counsel at the addresses listed below.

Please read the Notice carefully. It describes your rights, and the steps you must take to receive compensation or exclude yourself from the Settlement.
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Old 04-06-2019, 06:39 PM   #2
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I just got a letter similar to this on a class action lawsuit against Visa/MC.
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Old 04-06-2019, 07:27 PM   #3
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I just got a letter similar to this on a class action lawsuit against Visa/MC.
Apache

Just my opinion but either there are lawyers just looking thru ToS and other things or regular people are just to file a class action lawsuit again companies. Sad so many people think suing others/companies because they are to stupid to fully understand or to stupid to ask about something they do not understand in a ToS, contract, or membership.
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Old 04-06-2019, 07:42 PM   #4
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The Visa/MC one has been in the works for years. Visa/MC have been delaying it. It looks like it has been settled.
Quote:
Visa Inc, Mastercard Inc, and a number of U.S. banks on Tuesday agreed to pay $6.2 billion to settle a long-running lawsuit brought by merchants over the fees they pay when they accept card payments.
Visa and Mastercard previously reached a $7.25 billion settlement with the merchants in the case, but that deal was thrown out by a federal appeals court in 2016 and the U.S. Supreme Court last year refused to revive it. The lawsuit, brought on behalf of about 12 million retailers and dating back more than a decade, accuses the credit card companies of violating federal antitrust laws by forcing merchants to pay swipe fees and prohibiting them from directing consumers toward other methods of payment.
In rejecting the earlier settlement, which was opposed by retailers including Amazon.com Inc, Costco Wholesale Corp and Walmart Inc, a federal appeals court found that the accord was unfair because some retailers would receive little or no benefit.
The complete article here: https://www.reuters.com/article/us-u...-idUSKCN1LY1PQ
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Old 04-06-2019, 10:31 PM   #5
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Quote:
Originally Posted by KyBunnies View Post
Just my opinion but either there are lawyers just looking thru ToS and other things or regular people are just to file a class action lawsuit again companies. Sad so many people think suing others/companies because they are to stupid to fully understand or to stupid to ask about something they do not understand in a ToS, contract, or membership.
Not in this case. I am intimately familiar with how Audible doesn't tell you that they will steal away the credits you bought when you cancel your plan.

It would be better if Audible would change its policies, but a settlement with recompense for those harmed by Audible is also good.


I was mistaken

Last edited by Nate the great; 04-07-2019 at 08:10 AM.
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Old 04-06-2019, 10:42 PM   #6
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Originally Posted by Nate the great View Post
Not in this case. I am intimately familiar with how Audible doesn't tell you that they will steal away the credits you bought when you cancel your plan.

It would be better if Audible would change its policies, but a settlement with recompense for those harmed by Audible is also good.

I was told by Audible CSR that if I cancel my plan I would lose all credits. This was several years ago. Maybe some of the CSR's were more knowledgeable about membership rules than others.
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Old 04-06-2019, 11:21 PM   #7
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The one I hated was them saying you could only accrue 5 credits, without saying they would still charge you monthly, just without giving you anything.
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Old 04-07-2019, 06:20 AM   #8
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Originally Posted by Nate the great View Post
Not in this case. I am intimately familiar with how Audible doesn't tell you that they will steal away the credits you bought when you cancel your plan.
I used to be an Audible member. I was clearly told by their customer service department that I'd lose any accrued credits when I cancelled my account.
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Old 04-07-2019, 08:00 AM   #9
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I used to be an Audible member. I was clearly told by their customer service department that I'd lose any accrued credits when I cancelled my account.
I had two audible accounts, one for me and one for my niece and nephew. When I canceled the account for my niece and nephew, I was clearly told that I would lose the credits.

I got that email as well. Lawyers who do class action law suits basically look for someone with deep pockets to sue, then troll for clients. In most class action lawsuits, the lawyers make out like bandits getting hundreds of millions of dollars in fees while the supposed clients typically get a coupon for a buck off their next purchase. Of course, the initial client that let them file the lawsuit gets paid off by the lawyers.
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Old 04-07-2019, 08:03 AM   #10
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I had two audible accounts, one for me and one for my niece and nephew. When I canceled the account for my niece and nephew, I was clearly told that I would lose the credits.

I got that email as well. Lawyers who do class action law suits basically look for someone with deep pockets to sue, then troll for clients. In most class action lawsuits, the lawyers make out like bandits getting hundreds of millions of dollars in fees while the supposed clients typically get a coupon for a buck off their next purchase. Of course, the initial client that let them file the lawsuit gets paid off by the lawyers.
so was I, in fact
https://the-digital-reader.com/2016/...el-membership/
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Old 04-07-2019, 02:18 PM   #11
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Audible’s site clearly tells you that credits expire when you cancel your plan.

https://www.audible.co.uk/legal/cond...on-h_f6_cou#p4

“Audible Plan Terms”, Section 7, “Cancellation of Audible Plans”:

Quote:
Upon cancellation, all of your available Credits, other than Gift Credits or Complimentary Credits will expire. By signing up for a membership, you acknowledge and agree to this.
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Old 04-07-2019, 02:30 PM   #12
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I got an email about the class action. But the day before I got this from Audible:

Quote:
Dear Listener,

Our mission to unleash the power of the spoken word through a superior listening experience and our commitment to bringing distinctive value to anyone who wants to be more productive, well-informed or thoughtfully entertained have defined the Audible membership service for more than 20 years.

We want to help you get the most out of your Audible membership, which is why we’re reminding you now that the that the credits you receive as part of your annual membership can be used for any title from our unmatched catalog. Your annual membership gives you access to an average of 17 hours of entertainment every month, from immersive long-form productions to exclusive Only from Audible titles and new Audible Originals made in our studios.

Today, we’re pleased to inform you of important updates that will make it easier for you to use and keep track of your credits.
Starting April 1, active members on any annual Audible plan can keep all credits for up to one year, now consistent with other plans. Any credits issued prior to April 1 will have an extended expiration of two years from the issue date.
Starting May 1, active members will receive a personalized monthly credit summary via email. You’ll also be able to access your credit information any time in your full credit summary, found on your Account Details page. See a preview of these summaries here.
And don't forget these other benefits of membership:
You can easily exchange titles you don't like.
Use your unused credits to give Audible books to friends and family.
Stock up on credits when your balance runs low.
Enjoy 24 hand-picked short-form Audible Originals free each year.
We hope these changes add value to your Audible experience and help you enjoy your Audible membership even more. To learn more about these changes and for general information about credits, visit the FAQ page. We also encourage you to enable notifications in your app so we can better inform you of credit updates in the future.

Any questions? You also have 24/7 access to our world-class Customer Care team.

Don’t hesitate to contact us:

Phone: 888-283-5051
Email: customersupport@audible.com
Online: Contact Us
Not a coïncidence, seems to me.

I don’t think I’ve ever lost credits (because communication is clear) but I welcome the changes to the policy.
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Old 04-08-2019, 08:19 AM   #13
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Sad so many people think suing others/companies because they are to stupid to fully understand or to stupid to ask about something they do not understand in a ToS, contract, or membership.
The biggest lie on the internet: “I have read and understood the terms of service”
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Old 04-08-2019, 08:19 AM   #14
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I have a grandfathered yearly plan for $10 a year and no credits. I prefer it to the credit plans.
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Old 04-08-2019, 08:59 AM   #15
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Quote:
Originally Posted by tomsem View Post
I got an email about the class action. But the day before I got this from Audible:


Not a coïncidence, seems to me.

I don’t think I’ve ever lost credits (because communication is clear) but I welcome the changes to the policy.
I might have kept my membership active if this had been the policy a few months ago. However, it was getting too cumbersome keeping track of my credits, so I used them all and cancelled.

(I also got the email, because I have lost credits due to rollover. I figured if I was having so much trouble using my credits, then I didn't need them at all, and burned through what I had before I cancelled.)
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