California Proactiv Auto-Renewal Class Action Settlement

A $15.2 million settlement has been preliminarily approved in a class action lawsuit against Guthy-Renker LLC that claims the company engaged in unfair practices about auto-renewal billing and delivery charges for its Proactiv skin care products.

Plaintiff Jennifer Habelito originally filed the complaint in 2013, alleging that Guthy-Renker failed to adequately disclose the terms of the Proactiv auto-renewal subscription and never required consumers to affirmatively agree to them.

According to the Proactiv Auto-Renewal class action settlement terms, Class Members have the option to receive a cash payment or free skin care products worth at least $75. The amount of each cash payment, which will range from $20 to $75, depends on the number of Class Members who choose the cash option.

Money remaining in the Proactiv settlement fund after all Class Members who choose the cash option are paid out will go to a charitable organization – the Consumer Federation of California and Public Counsel.

The company has also agreed to more clearly and conspicuously disclose the terms of its continuous service offers before the subscription and require consumers to affirmatively consent to charges.

Additionally, and subject to Court approval, Habelito will be paid an incentive award of up to $10,000 for her services as Class Representative and her efforts in bringing the consumer action. Class Counsel will be paid up to $5,150,000 for their attorneys’ fees and reimbursement of costs. However, the final decision regarding the amount of attorneys’ fees, costs, and plaintiff’s incentive award that will be paid are subject to the discretion of the Court.

Guthy-Renker denies any wrongdoing, and contends that the disclosures for its Proactiv subscription program are compliant with California law and that its customers knowingly consented to joining its subscription program.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by April 17, 2017.

UPDATE: On July 12, 2017, Top Class Actions viewers started receiving checks in the mail from the California Proactiv settlement worth as much as $68.51! 

Who’s Eligible

The settlement includes: “All California citizens who, between January 22, 2009 and July 8, 2014, purchased Proactiv products from Guthy-Renker LLC (“Guthy-Renker”) and, as a result of their purchase, were automatically enrolled in GuthyRenker’s automatic delivery and automatic renewal billing policy and charged for additional products and shipments beyond their initial purchase.”

Potential Award

$20 – $75

To receive the $20 minimum to $75 maximum cash payment, you must submit a claim form online no later than April 17, 2017. Class members can also forgo the $20 – $75 cash payments and instead choose to receive free select skin care products with a minimum value of $75.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

4/17/2017

Case Name

Habelito v. Guthy-Renker LLC, Case No. BC499558, in the Superior Court of California, County of Los Angeles

Final Hearing

5/16/2017

Settlement Website

www.ProactivClassAction.com

Claims Administrator

Habelito v. Guthy-Renker LLC
Claims Administrator
c/o KCC Class Action Services LLC
1801 Market Street, Suite 660
P.O. Box 43460
Providence, RI 43460

1-844-531-5016

Class Counsel

Jason Wucetich
Dimitrios V. Korovilas
WUCETICH & KOROVILAS LLP

Defense Counsel

Daniel Schecter
David J. Schindler
Amy C. Quartarolo
LATHAM & WATKINS LLP