Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 1 of 18
`Case 4:22-cv-03986-JSW Document1-2 Filed 07/07/22 Page 1 of 18
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`EXHIBIT A
`EXHIBIT A
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`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 2 of 18
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` ATTORNEY OR PARTY WITHOUT ATTORNEY:
`
`STATEBARNO: 206773
`
`NAME: Michael R. Reese
`FIRMNAME: REESE LLP
`
`
`STREET ADDRESS: 100 West 93rd Street, 16th Floor
`cry: New York
`
`
`TELEPHONE NO:
`(212) 643-0500
`E-MAILADDRESS: mreese @reesellp.com
`
`ATTORNEY FOR (Name): plaintiff Julie Heck and the proposed class
`
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF Humboldt
`
`STREFT ADDRESS: Humboldt County Courthouse
`
`MAILING ADDRESS: 825 5th Street
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`CITY AND ZiP CODE: Eureka, California 95501
`BRANCH NAME: Humboldt
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`
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`ZIP CODE: 19025
`STATE: NY
`FAXNO.: (212) 253-4272
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`CASE NUMBER:
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`CV2200665
`TO {insert name ofparty being served): Amazon.com Inc.
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` NOTICE
`The summons and other documents identified below are being served pursuant to section 415.30 of the California Codeof Civil
`Procedure. Yourfailure to completethis form and returnit within 20 days from the date of mailing shown below may subject you
`(or the party on whose behalf you are being served)to liability for the payment of any expenses incurred in serving a summons
`on you in any other manner permitted by law.
`Hf you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
`form must be signed by you in the nameof such entify or by a person authorized to receive service of process on behalf of such
`entity. In all other cases,this form must be signed by you personally or by a person authorized by you to acknowledgereceipt of
`summons.If you return this form to the sender, service of a summons is deemed complete on the day you sign the
`
`acknowledgment of receipt below.
`
`
`||
`
`Date of mailing: May 25, 2022
`
`Michael R. Reese
`
`(TYPE OR PRINT NAME}
`
`
`
`PARTY IN THIS CASE)
`
`ACKNOWLEDGMENTOF RECEIPT
`
`This acknowledges receipt of (to be completed by sender before mailing):
`1. [7] A copy of the surmmons and of the complaint.
`2. ["_] Other (specify):
`
`(To be completed by recipient):
`Date this form is signed:
`
`>
`
`(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY,IF ANY,
`ON WHOSE BEHALF THIS FORM IS SIGNED)
`
`(SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE iF
`ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)
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`Page 1 of 1
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`Form Adopted for Mandatory Use
`oe
`Code of Civil Procedure,
`
`
`een NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL Brood,
`POS-015 [Rev. January 1, 2005]
`www,courtinic.ca.gov
`For your protection and privacy, please press the Clear
`This Form button after you have printed the form.
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 3 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 3 of 18
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`POS-015
` ATTORNEY OR PARTY WITHOUT ATTORNEY:
`
`STATEBARNO: 206773
`NAME: Michael R. Reese
`
`
`FIRM NAME: REESE LLP
`
`
`STREET ADDRESS: 100 West 93rd Street, 16th Floor
`city: New York
`TELEPHONE NO;
`(212) 643-0500
`E-MAIL ADDRESS: mreese@reesellp.com
`ATTORNEY FOR (Name): plaintiff Julie Heck and the proposed class
`SUPERIOR COURTOF CALIFORNIA, COUNTY OF Humboldt
`STREET ADDRESS: Humboldt County Courthouse
`MAILING ADDRESS: 825 5th Street
`CITY AND ZIP CODE: Eureka, California 95501
`BRANCH NAME: Humboldt
`
`ZIP CODE: 10025
`STATE: NY
`FAXNO.: (212) 253-4272
`
`
`
`
`
`
`Plaintiff/Petitioner: Julie Heck
`Defendant/Respondent:Amazon.com Inc.
`
`NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL
`
`CASE NUMBER:
`
`|
`
`TO {insert name ofparty being served): Amazon.com Inc.
`
`acknowledgment of receipt below.
`
`NOTICE
`The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil
`Procedure. Yourfailure to complete this form and return it within 20 days from the date of mailing shown below maysubject you
`(or the party on whose behalf you are being served)toliability for the payment of any expenses incurred in serving a summons
`on you in any other manner permitted by law.
`If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
`form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such
`entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledgereceipt of
`summons.If you return this form to the sender, service of a summonsis deemed complete on the day you sign the
`
`Date of mailing: May 25, 2022
`
`Michael R. Reese
`{TYPE OR PRINT NAME)
`
` >
`
`
`ae
`ce
`2
`SIGNATURE OF SENDER—MUST IN THIS CASE)
`
`
`ACKNOWLEDGMENT OF RECEIPT
`
`This acknowledgesreceipt of (to be completed by sender before mailing):
`
`1. [3¢] A copy of the summonsandofthe complaint.
`2. [__] Other (specify):
`
`(To be completed by recipient):
`
`Date this form is signed:
`
`(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY,IF ANY,
`ON WHOSE BEHALF THIS FORM IS SIGNED)
`
`>
`
`(SIGNATURE OF PERSON ACKNOWLEDGING RECEIPT, WITH TITLE IF
`ACKNOWLEDGMENT IS MADE ON BEHALF OF ANOTHER PERSON OR ENTITY)
`
`Form Adopted for Mandatory Use
`sia
`Code of Civil Procedure,
`
`
`place crieherseort NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL oct
`POS-015 [Rev. January 1, 2005]
`www.courtinfo.ca.gov
`For your protection and privacy, please press the Clear
`
`This Form button after you have printed the form. [lecthta'torma
`
`Page 4 of 4
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`

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`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 4 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 4 of 18
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`BY FAX
`
`NOTICE TO DEFENDANT:
`
`SUMMONS
`(CITACION JUDICIAL)
`(AVISO AL DEMANDADO):
`Amazon.com,Inc.
`YOU ARE BEING SUED BY PLAINTIFF:
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`Julia Heck, on behalf of herself and all others similarly situated
`
`
`
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`
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`
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`
`
`CO
`Ap
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`3.
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`SUM-100 [Rev. July 1, 2009]
`
`4.
`
`FormAdoptedoe Use
`For your protection and privacy, please pressthe Clear
`This Form button afteryou have printed the form.
`
`[Print this form | | Save this form |
`
`[Clear this form |
`
`COPY
`
`
`
`SF ancuminaen
`“ETE SD"
`
`
`
`
`MAY 16 2022 P
`
`
`SUPERIOR COURTOFCALIFORNIA
`
`
`COUNTY OF HUMBOLDT
`
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`
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`NOTICE! You have been sued. The courl may decide against you without your being heard unless you respond within
`30 days. Read the information
`below.
`
`You have 30 CALENDAR DAYSafter this summonsand legal papers are served on youtofile a written response atthis court and have a copy
`served on the plaintiff. A letter or phone call will not protect you. Your written response must be in properlegal form if you want the court to hear your
`case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
`Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannotpaythe filing fee, ask the
`court clerk for a fee waiverform.If you do not file your response on time, you may lose the case by default, and your wages, money, and property may
`be taken without further warming from the court.
`There are other legal requirements. You may wantto call an attorney right away.If you do not know an attorney, you may wantto call an attorney
`referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
`these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
`(www.courtinfo.ca.gov/selfhelp), or by contacting yourlocal court or county bar association. NOTE: The court has a statutory lien for waived fees and
`costs on any settlement orarbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
`
`iAVISO! Lo han demandado. Si no responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su version. Lea la informacion a
`continuacion.
`
`Tiene 30 DIAS DE CALENDARIO después de que le entreguenesta citacién ypapeleslegales para presentar una respuesta porescrito en esta
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`corte y hacer que se entregue una copia al demandante. Una carta o una llamadatelefonica no lo protegen. Su respuesta por escrito tiene que estar
`en formato legal correcto si desea que procesen su caso en /a corte. Es posible que haya un formulario que ustedpueda usarpara su respuesta.
`
`Puede encontrar estos formularios de la corte y mas informacién en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
`biblioteca de leyes de su condado o en la corte que le quede més cerca, Sino puede pagarla cuota de presentacién, pida al secretario de la corte que
`
`Je dé un formulario de exencién de pago de cuotas. Sino presenta su respuesta a tiempo, puede perder el caso Por incumplimiento y la corte le podrd
`quitar su sueldo, dinero y bienes sin més advertencia.
`Hayotros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede Ilamar a un servicio de
`
`remision a abogados. Sino puede pagar a un abogado, es posible que cumpla con los fequisitos para obtenerservicios legales gratuitos de un
`
`programade servicios Jegales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
`(www. lawhelpcalifornia.org), en ef Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con Ia corte o el
`colegio de abogadoslocales. AVISO:Por ley, la corte tiene derecho a reclamar las cuotas¥ los costos exentos por imponer un gravamen sobre
`
`cualquier recuperacién de $10,000 6 mésde valorrecibida mediante un acuerdo o una concesi6n de arbitraje en un caso de derecho civil, Tiene que
`pagar el gravamen de la corte antes de que la corte pueda desechare/ caso.
`
`
`he name and addressof the court is:
`Y
`CASE NUMBER: (Numero del Caso):
`eaall(EI nombre y direccién dela corte es):
`
`|
`00665
`Humboldt County Superior Court, 421 | Street, Eureka, California 95501
`<The name, address, and telephone number ofplaintiffs attorney, or plaintiff without an attorney, is: (E/ nombre, la direccién y el namero
`{de telefono del abogado de! demandante, o del demandante que notiene abogado, es):
`(UL.Michael R. Reese, REESE LLP, 100 West 93rd Street, 16th Floor, New York, New York 10025, Telephone: (212) 643-0500
`, Deputy
`DATE:
`MAY 16 2022
`Clerk, by Natasha p
`
`
` (Fecha) (Secretario) * = BRONo)
`
`
`(Forproof ofservice of this summons, use Proof of Service of Summons (form POS-010).)
`(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, ({POS-010)).
`1SE
`NOTICE TO THE PERSON SERVED:You are served
`1.
`[__] as anindividual defendant.
`2.
`[__] asthe person sued underthe fictitious nameof(specify):
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`[J CCP416.60(minor)
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`[-_] CCP 416.70 (conservatee)
`[___] CCP 416.90 (authorized person)
`
`ee
`CodeofCivileee
`
`[[_] onbehalfof(specify):
`under:[] CCP416.10(corporation)
`
`[__] CCP 416.20 (defunct corporation)
`[__] CCP 416.40 (association or partnership)
`[__] other(specify):
`[[_] by personaldelivery on (date):
`SUMMONS
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 5 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page5of 18
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`CoSeSNDBDOHF&FWYVP=
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`bhaekNv=©
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`BYFAX
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`FAXFILE
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`N
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`COPY FILED
`MAY 16 2022
`SUPERIOR COURToFCALIFOR
`REESE LLP
`George V. Granade(State BOPUNEYOFHUMBDLDT me
`ggranade@reesellp.com
`8484 Wilshire Boulevard, Suite 515
`Los Angeles, California 90211
`Telephone: (310) 393-0070
`Facsimile: (212) 253-4272
`
`p
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`
`REESE LLP
`Michael R. Reese (State Bar No. 206773)
`mreese@reesellp.com
`Sue J. Nam (State Bar No. 206729)
`snam@reesellp.com
`100 West 93"Street, 16" Floor
`New York, New York 10025
`Telephone: (212) 643-0500
`Facsimile: (212) 253-4272
`
`REESE LLP
`Charles D. Moore (to be admitted pro hac vice)
`100 South 5th Street, Suite 1900
`Minneapolis, MN 55402
`Telephone: 212-643-0500
`Fax: 212-253-4272
`Email: emoore@reesellp.com
`
`Counselfor Plaintiffand the Proposed Class
`
`SUPERIOR COURT FOR THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF HUMBOLDT
`
`vs.
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No. CV¥2200665
`JULIA HECK,on behalf ofherself and all
`others similarly situated,
`
`
`CLASS ACTION COMPLAINT
`
`
`
`
`
`AMAZON.COM, INC, Defendant.
`
`CLASS ACTION COMPLAINT
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 6 of 18
`ase 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 6 of 18
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`Plaintiff Julia Heck (“Plaintiff”), on behalf of herself and others similarly situated, bring
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`this Class Action Complaint against Amazon.com,Inc. (“Defendant”or “Amazon”). On the basis
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`of personal knowledge, information andbelief, and investigation of counsel, Plaintiff alleges as
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`follows:
`
`INTRODUCTION
`
`1.
`
`Amazonis a vast internet-based enterprise that provides goods and services with
`
`respect to e-commerce,
`
`logistics, payment, hardware, data storage, and media, among other
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`businesses.
`
`2.
`
`Amazon Prime membership costs approximately $119 per year. According to
`
`Amazon,its Prime membership confers many shipping, shopping, streaming, reading, and other
`
`benefits. See https://www.amazon.com/primeinsider/about?ref=primenav_benefits.
`
`3.
`
`One of the “other benefits” included in a Prime membership is “Free Titles at
`
`CoffSNAWAFHFN
`
`11
`
`12
`
`13
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`Audible. ” Id.
`
`14
`
`15
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`16
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`17
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`18
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`19
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`20
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`21
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`4.
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`Audible is a wholly owned subsidiary of Amazon. Prime membership does not
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`include Audible for “free.” Rather, contrary to its representation, Audible provides downloadable
`
`and streaming audio content for 2 monthly fee. Moreover, Amazon does not merely “invite”its
`
`Prime members to try Audible services but rather surreptitiously enrolls its Prime members in a
`
`paid subscription to Audible through a processthat is likely to deceive reasonable consumers.
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`Amazon also makes it exceedingly difficult for its Prime members to discontinue that service.
`
`Amazonthenlimits refunds of those monthly subscription fees to its Prime members.As a result,
`
`many Prime members pay monthly subscription fees for Audible services that they never asked
`
`22
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`for and/or ever used.
`
`23
`
`24
`
`25
`
`26
`
`27
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`28
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`5.
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`Amazon’s misconduct constitutes violations of California’s Consumer Legal
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`Remedies Act (“CLRA”), Califomia Civil Code § 1750 et seq.; and violations of California’s
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`Auto-Renewa! Law (“ARL”), and with it California’s Unfair Competition Law (“UCL”).
`
`6.
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`Plaintiff brings this class action to stop Defendant from continuing its deceptive
`
`practices and either recover damagesonbehalf of herself andall others similarly situatedor, in the
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`alternative, obtain restitution of Amazon’s unlawful charges.
`
`CLASS ACTION COMPLAINT
`I
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`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 7 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 7 of 18
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`—oO6HSDADUHBRWHLK
`
`PARTIES
`
`Plaintiff Julia Heck is a citizen of Fortuna, California in Humboldt County.
`7.
`Plaintiff's was improperly charged $14.95 for an Audible subscription she did not agree to for
`every month from April of 2021 to July of 2021 for a total of $59.80,
`
`Defendant Amazon.com,Inc. is a Delaware corporation with a principal place of
`8.
`business in Seattle, King County, Washington.
`9.
`During the relevantstatutes oflimitations, Plaintiffpurchased a Prime membership
`within her this district for her personal use.
`
`JURISDICTION
`
`This court has personal jurisdiction over Defendant because it conducts and
`10.
`transacts business within California and contracts to supply and supplies goods within California,
`
`The Court has general subject matterjurisdiction overthis unlimited civil case. The
`1}.
`amount in controversy exceeds $25,000, and Plaintiff seeks equitable relief including but not
`limited to injunctive and declaratory relief.
`.
`
`Venue is proper in this Court because a substantial part of the events and
`12,
`misrepresentations giving rise to Plaintiff’s claims occurred in this county and Defendant has
`intentionally availed itself of the laws and markets of this county through the promotion,
`marketing, distribution, and sale of its services here.
`
`SUBSTANTIVE ALLEGATIONS
`Prime members must provide to Amazon a payment method to be maintained on
`13.
`file in the member’s “Wallet.” Payment methods includecredit cards, debit cards, and personal
`checking accounts. One payment method must be selected as the member’s “default” payment
`method, and that default method allows Amazon to charge that method for any digital purchases,
`including Audible subscriptions.
`
`Amazon promotes its Andible services on its Amazon website, app, and onits
`14.
`Kindle platforms. Prime members, in particular, are targeted for enrollmentin a subscription to
`Audible through a processthat is not clear to members. Many Prime members have no idea that
`Audible is not free with their Prime membership or that Amazon has enrolled them in a paid
`
`CLASS ACTION COMPLAINT
`2
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 8 of 18
`ase 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 8 of 18
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`oOofoNHNDHA&WHHR
`
`boNMwei]boheNobom—_mepent—_—‘pot—_—oonNOH®WwMeeoOowofe~41AaA-&WBNmemGS
`
`subscription to Audible. Other Prime members have no idea how they were signed up for Audible
`
`until they later see Audible’s monthly charges.
`15.
`Inadvertent Audible membership is not adequately disclosed to the Prime members.
`
`For example,if a Prime member is enrolled by Amazonin Audible, the Prime member does not
`receive any conspicuous materials from Audible by email confirming enrollment or notifying of
`monthly charges. In other instances, Prime members unsubscribe,yet continue to be charged |
`across the various payment methodsin the Prime members’ “Wallet.”
`16.
`There have been thousandsof complaints about this deceptive practice.
`
`17.
`
`On Amazon’s own forum,Patricia C. stated:
`
`I was charged $14.95 audible charge to my checking account.It is called a gold
`membership order number. I have never authorized this charge, plus I never
`signed up for this membership plus the address is incorrect.
`You tried to charge me before on a credit card andI finally had all cancelled
`and removed then I removed the card it was charged on
`
`Nowyou went to my checking account and charged me $14.95 I have never
`signed up for this membership and the order number. Please cancelthis order
`and remove me permanently from this membership I have since wiped and
`removedall my credit cards and banking accounts from this system. Thisis the
`second time this has been done.I gave no authorization for a, one time click
`payment, for my accounts to be charged
`
`Please respond Thank you
`https://www.amazonforum.com/s/question/0D54P00007Ph1BJ/i-have-a-question-
`about-an-audible-charge-on-my-account)
`18. On Reddit, there are numerous postings about this improperpractice:
`
`I renewed my prime with a trial becauseI let it go for awhile to save some
`money. A few days later audible is charging me 16.99... I didn't sign back up
`for audible or anything. Is this something automatic when you sign up prime?
`
`19.
`
`The following postis also on Reddit:
`
`I have never signed up or even beento their website but had a withdraw from
`my bank account for a month ofaudible. I called audible and my bank, they
`returned my money in 3 days. I don't know how they got my card numbers but
`[let it go and forgotall aboutit. My Mother in law called me today and sheis
`also being charged monthly for a subscription to audible that she has never
`heard of, I'm just curious if anyoneelse has this issue. When I googled it I
`found that this is commonfor this companyto do. I wouldjust like to know
`how they manage to get my card information, wish and Amazon are the only
`places that have my card info.
`’
`
`RR
`CLASS ACTION COMPLAINT
`3
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 9 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 9 of 18
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`On Sitejabber, a leading online destination for customer ratings and reviews of
`20.
`1
`2||businesses, there are hundreds of reviews warning consumers about Audible’s unauthorized
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`3jjcharges.
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`12
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`V7
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`21.
`
`Tricia M. wrote on October 25, 2020:
`I ordered a book during my "free trial". After that, I discontinued my trial
`BEFORE thetrial period ended. Since then 4-5 monthsiater I keep getting
`charged every month on the 5th. I reached out to customerservice andall i get
`is the run around. So, I suppose they don't care abouttheir reputation as I would
`never refer anyone to take the “free trial". At this point I plan to make a
`complaint with the better business bureauif this is not resolved asap.
`
`22.
`
`Kyle D. wrote on April 6, 2021:
`
`As others have written, DO NOT SUBSCIBE TO AUDIBLE! Evenafter
`confirming being unsubscribed on multiple occasions over multiple months,it
`keeps charging! This is horrible practice on the part of auduble/amazon andits
`. only a matier. of time before someone digs deeper in this shady financial
`malpractice given the number of reviews im finding saying the same thing.
`Again,to reiterate, this is with confirmation of unsubscribing,it continues to
`charge.
`
`23
`
`Jane P. wrote on March 13, 2021:
`
`I had an account on amazon prime to watch movies and cancelled it in July
`2020, then I noticed I kept getting emails from amazon audible and thought
`nothing of it until I checked my credit card account and found they had been
`charging me for this service since December 2020 and a few more payment
`transactions in 2021 for a subscription I never signed up for. 1 have all the
`emails to show that I cancelled amazonin July 2020 yet how could a company
`take your details and sign you upto a service that you did NOT authorize! It is
`illegal.
`
`;
`
`
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`19 24.—Linoel L. wrote on November3, 2020:
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`20
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`21
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`24
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`25
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`27
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`28
`
`I've never used audible, never logged in, never bought anything from them.I
`did the Amazon Primefree trial tho, and for some reason these guys charged
`my credit card $16.18. STAY AWAY
`
`25
`
`Michael K. wrote on March 7, 2020:
`
`I do not have an audible account but was charged for a monthly subscription.
`Audible claimed my credit card was a default backup credit card because my
`wife had used that credit card for a purchase on Amazon a year ago. Amazon
`stored my credit card information then provided it to Audible so Audible could
`charge my card without my authorization or knowledge, seem illegal to me...
`Laura P. on March 4, 2020 wrote:
`.
`
`26
`
`I've had an amazon prime account for years. NEVER ordered, authorized or
`accepted an audible account. Was charged on Sunday.called, complained and
`had it refunded. Immediately after refunding, they charged my sons account
`
`_SLASSACTIONCOMPLAINT
`
`4
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 10 of 18
`ase 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 10 of 18
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`(his debit card was removed from my account a couple of months ago.) Not
`only did thev charge him. they obviously save debit cards that have been used
`the boughta gift for his girlfriend which is the only reason his card was ever
`on my account) Investigation opened, they have so many complaints. class
`action law suits... Amazon needs to quit partnering with them. WATCH YOUR
`ACCOUNTS CLOSELY.
`
`27. Because Prime membersare not clearly informed abouttheir enrollment to Audible
`
`or the monthly charges for Audible subscriptions, it can take months before Prime members
`discover that they have been or continue to be enrolled, and it can take months for Prime members
`to stop their unwanted subscription. However, rather than refund the entirety of the unwanted
`subscription charges, Amazonlimits the amountof subscription payments it will refund and/or the
`time period for whichit will refund. As aresult, many Prime members are chargedfor months of .
`Audible subscriptions they did not want and did notuse.
`
`CLASS ACTION ALLEGATIONS
`
`28,
`
`Plaintiffbrings this action as a class action pursuantto section 382 of the California
`
`Code of Civil Procedure. On all claims, Plaintiff brings this action on behalfof:
`
`All persons in California who were charged for Audible services from May 13,
`2018 to the date ofjudgment, and did not stream or download any content from
`Audible during the subscription period or after the free trial subscription
`period.
`
`(the “Class”)
`Excluded from the Class are officers and directors of Defendant, members of the
`29.
`immediate families of the officers and directors ofDefendant, andtheir legal representatives, heirs,
`successors or assigns and any entity in which they have or have had a controlling interest.
`30.
`Certification of Plaintiff's claims for class-wide treatment is appropriate because
`
`Plaintiff can prove the elements of her claims on a class-wide basis using the same evidence as
`individual Class members would use to prove those elements in individual actions alleging the
`
`same claims.
`
`—
`
`
`
`
`
`PwoOosnANHKFYDNS
`
`
`
`
`31.|Numerosity. The Class is so numerous that the individual joinder ofall ofits
`membersis impracticable. Dueto the nature of the trade and commerceinvolved, Plaintiff believes
`that the total number of Class members is in the tens of thousands and that members of the Class
`
`are geographically dispersed across California. While the exact numberandidentities of the Class
`aNt
`CLASS ACTION COMPLAINT
`5
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 11 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 11 of 18
`
`investigation and discovery.
`
`—_oCmeSDAwThkWwWNH members are unknown at this time, such information can be ascertained through appropriate
`
`32. Well-Defined Community of Interest. As further alleged below, there is a well-
`
`defined community ofinterest with respect to the Class, since there are (1) predominant common
`
`questions of law or fact; (2) a Class representative with claims or defenses typical of the Class;
`
`and (3) a Class representative who can adequately represent the Class.
`
`33.|Common questions of law and fact exist as to all members of the Class, and these
`
`common questions predominate over any questions affecting only individual members of the
`
`Ciass. These commonlegal and factual questions, which do not vary from Class member to Class
`
`member, and which may be determined withoutreferenceto the individual circumstances of any
`Class member include,but are not limited to, the following:
`
`¢ Whether Defendant’s actions in signing up and charging Prime membersfor a service they
`did not want, request, or use violated the UCL CLRAand FAL;
`
`e Whether Defendant caused injury toPlaintiff and the class members: and
`
`¢ Whatis the scope of injunctive relief that should be imposed against Defendantto prevent
`such conductin the future.
`
`34.
`Plaintiff's claims are typical of those of the Class because, like all members of the
`Class, she was unknowingly enrolled in and paid for a service they did not want, request or use,
`and they sustained injury from Defendant’s wrongful conduct.
`
`35.
`
`Plaintiff will fairly and adequately protectthe interests of the Class and has retained
`
`counsel who are experiencedin litigating complex class actions. Plaintiff has no interests that
`
`conflict with those of the Class.
`
`36.
`
`Superiority. A class action is superior to other available methods for the fair and
`
`efficient adjudication of this controversy. Individual joinder of all members of the Class is
`
`impracticable. Even if individual members of the Class had the resources to pursue individual
`litigation, it would be unduly burdensometo the courts in which the individual litigation would
`proceed. Individual litigation magnifies the delay and expenseto all parties in the court system of
`resolving the controversies engendered by Defendant’s common course of conduct. The class
`
`CLASS ACTION COMPLAINT
`6
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 12 of 18
`se 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 12 of 18
`
`
`
`—_
`
`DWoOoAHDHWHFFWYHL
`
`action device allows a single court to provide the benefits of unitary adjudication, judicial
`economy, and the fair and efficient handling of all Class members’ claimsin a single forum. The
`conductof this action as a class action conserves the resources of theparties and ofthe judicial
`system and protects the rights of the Class. Furthermore, for many,if not most, a.class action is
`the only feasible mechanism that allows an opportunity for legal redress and justice.
`
`This action is maintainable as a class action under the California Code of Civil
`37.
`Procedure for injunctive relief because Defendanthas acted or refused to act on grounds generally
`applicable to the Class, thereby making appropriate final injunctive relief respecting the Class as
`
`a whole.
`38.
`
`aneoo]oe3 Procedure for monetary relief because the common questions of law and fact identified above,
`
`This action is maintainable as a class action under the California Code of Civil
`
`_ be without limitation, predominate over any questions affecting only individual members, and a class
`
`pom Ww
`
`action is superior to other available methods for the fair and efficient adjudication of this
`
`_ f controversy.
`
`inOnaA
`
`39.
`
`Notice. Plaintiff and his counsel anticipate that notice to the proposed Class will be
`
`effectuated through recognized, Court-approved notice dissemination methods, which mayinclude
`
`— ~~] United States mail, electronic mail, Internet postings, and/or published notice.
`
`— we
`CAUSES OF ACTION
`
`FIRST CAUSE OF ACTION
`(Consumers Legal Remedies Act - Cal. Civ. Code $1750, et seq.)
`On Behalf of Plaintiff and the Class
`40._Plaintiff realleges and incorporates by reference the paragraphs statedabovein this
`
`wmwoeme©
`
`NeNe Class Action Complaint as set forth herein.
`
`i]Ww
`
`wBs
`
`41.
`
`42.
`
`This cause of action is brought pursuantto the Cal. Civ. Code §1750, et seq.
`
` Defendant’s actions, representations and conduct have violated and continue to
`
`i]UA violate the CLRA,as they extend to transactionsthat are intended to result, or which have resulted,
`
`twan
`
`tw~~]
`
`in the sale of lease of goodsor services to consumers.
`
`43.
`
`Plaintiff and other Class Members are “consumers”as that term is defined in Cal.
`
`weoo Civ. Code $1761(d).
`
`
`
`CLASS ACTION COMPLAINT
`7
`
`

`

`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 13 of 18
`Case 4:22-cv-03986-JSW Document 1-2 Filed 07/07/22 Page 13 of 18
`
`oO728SsAOFRPHHHe
`
`BSBRNWBRNORDOBROBRetSSSsAMw&WSNH=SGOW©SJHRmHB&BWDBHwwOO
`
`44.
`
`The Audible service for which Plaintiff and other similarly situated Class members
`
`unknowingly were charged are “goods” and/or “services” within the meaning of Cal. Civ. Code §
`
`1761.
`
`By engaging in the actions, misrepresentations and misconduct set forth in this
`45,
`Class Action Complaint, Defendant has violated, and continues to violate the following sections
`
`of the CLRA:
`
`e Section 1770(a)(5), which prohibits
`
`representing that goods or
`
`services have
`
`characteristics, uses, benefits or ingredients that they do not have;
`
`* Section 1770(a)(14), which prohibits unfair methods of competition and unfair or deceptive
`
`acts or practices that represent that a transaction confers or involves rights, remedies, or
`
`obligations which it does not have or involve, or which are prohibited by law; and
`
`¢ Section 1770(a)(16), which prohibits representing that the subject of a transaction has been
`
`supplied in accordance with a previous representation whenit has not.
`46.
`Plaintiff requests that this Court enjoin the Defendant from continuing to employ
`
`the unlawful methods, acts and practices alleged herein pursuant to Cal. Civ. Code 81780. If
`
`Defendantis not restrained from engaging in these types of practices in the future, Plaintiff and
`
`other members of the Class will continue to suffer harm.
`
`47.
`
`On information and belief, Defendant’s actions were willful, wanton, and
`
`fraudulent.
`
`48.
`
`On information and belief, officers, directors, or managing agents at Defendant
`
`authorized the use of the misleading statements about the Products.
`49.
`On March 11, 2022, Plaintiff senta letter to Defendant pursuant to Cal. Civ. Code
`$1782 that provided Defendant notice of the misconduct and requested that Defendant cureits
`
`misconduct within 30 days (the “CLRA Notice”).
`
`50.
`
`Defendant has not corrected or remedied the unlawful conduct after receiving the
`
`CLRA Notice, and Defendant continues to engage therein.
`
`31.
`
`In addition to injunctive relief, Plaintiff seeks damages for Defendant’s violation of
`
`the CLRA.
`
`CLASS ACTION COMPLAINT
`8
`
`

`

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