McKinney, Koller et al. v. Consumer Reports, Inc.

 San Diego County Superior Court |  Case No. 37-2020-00046677-CU-BT-CTL


What the Litigation Is About?

Defendant Consumer Reports, Inc. (“Defendant”) provides consumers with product reviews and other information through Consumer Reports magazine, Consumer Reports magazine, Consumer Reports On Health, Consumer Reports Online, and Consumer Reports All Access. The Lawsuit alleges that Defendant enrolled certain California consumers in automatically renewing or continuous service programs, and posted charges to the consumers’ credit card, debit card, or third party payment accounts, without first presenting the consumers with all of the automatic renewal offer terms in a clear and conspicuous manner as required by law. The Lawsuit alleges that Defendant has violated the California Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq., and certain other provisions of California consumer protection law.

Although Defendant believes that its practices were in compliance with California law, Defendant chose to settle this case, without admitting liability, to focus time, effort and resources on protecting consumers, and not on additional legal fees and the uncertainty of litigation. The Court has not decided which party is right. Rather, the parties have agreed to a Settlement to provide certain benefits to eligible Class Members and to resolve the case without any admission of liability or wrongdoing.

Am I a Class Member?

All individuals in California who, between March 2, 2016 and November 5, 2020, (i) enrolled in an automatic renewal or continuous service program through Consumer Reports for Consumer Reports magazine, Consumer Reports On Health, Consumer Reports Online, and/or Consumer Reports All Access. , and (ii) were charged for an automatic renewal of such subscription. Excluded from the Class are the judicial officers to whom this case is assigned.

What relief does the Settlement provide?

In full and complete settlement of the claims of the Class Members who do not exclude themselves, Defendant will pay the principal amount of One Million One Hundred and Fifty Thousand Dollars ($1,150,000.00) (the “Settlement Amount”). The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (as approved by the Court), any service payments that the Court may award to the Class Representatives, the expenses of settlement administration (including class notice), and the settlement payments to the Class Members who submit timely and valid Claims. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration, the Settlement also includes injunctive relief.

What are my options?
SEPTEMBER 27, 2021
To potentially qualify for a monetary payment and participate in the Settlement, you must submit a timely Claim on or before September 27, 2021, which must be validated by the Settlement Administrator.

You may submit a Claim by clicking here.

DO NOTHING If you do nothing, you will not be a Participating Class Member and you will not qualify to receive a monetary payment, but you will be bound by the release in the Settlement Agreement.

SEPTEMBER 27, 2021
Any Class Member who wishes to be excluded from the Settlement must complete and return a request for exclusion via U.S. Mail, email, or personal delivery, and that request for exclusion must be validated by the Settlement Administrator.

For more information on excluding yourself from the Settlement, please read the Notice of Class Action Settlement, by clicking here. 

SEPTEMBER 27, 2021
Any Class Member who wishes to object to the Settlement must do so in writing. Any written objection must be filed with the Court and served on Class Counsel, Defendant’s counsel, and the Settlement Administrator, no later than September 27, 2021.

For more information on objecting to the Settlement, please read the Notice of Class Action Settlement, by clicking here.


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