McKee Litigation Settlement

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.