SAN FRANCISCO (Legal Newsline) — The Athletic Media Company is facing a class action lawsuit over its allegedly illegal subscription renewal program.
Rebecca Kaplan, John Murphy, Johnny Pappas Michael Tisa and Charlene Egizi, individually and on behalf of all others similarly situated, filed a complaint Jan. 18 in the U.S. District Court for the Northern District of California against The Athletic Media Company, alleging violation of California's Unfair Competition Law and other claims.
According to their complaint, the plaintiffs purchased monthly digital subscriptions for The Athletic print and online editions from the defendant's website. They claim that the defendant uses an "illegal 'automatic renewal' scheme" for its subscription plans and alleges consumers are automatically enrolled from month-to-month or year-to-year with their credit and debit cards being billed.
The plaintiffs claim the defendant doesn't give the required disclosures or authorizations for the automatic renewing in violation of California law. They allege the defendant uses "dark patterns" in order to prevent users from unsubscribing, which include complex cancellation procedures and using misdirection and forced continuity.
The plaintiffs also allege the defendant requires consumers to click a checkbox next to its automatic renewal offer before the checkout process can be complete and fails to disclose the terms of the auto-renewal program or obtain a consent.
The plaintiffs and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Neal Deckant and Julia Venditti of Bursor & Fisher PA in Walnut Creek, California; Frederick Klorczyk, III of Bursor & Fisher PA in New York; Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC in Bloomfield, Illinois; Gary Klinger of Milberg Coleman Bryson Phillips Grossman PLLC in Chicago; and J. Bryson and Zoe Aaron of Milberg Coleman Bryson Phillips Grossman PLLC in New York.
U.S. District Court for the Northern District of California case number 4:23-CV-00229