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A federal judge rejected a request from Hearst Magazine Media to toss a class action lawsuit accusing the company of a deceptive auto-renew scheme.
Lead plaintiffs, Fenella Arnold, Kelly Nakai, and Michele Ruppert claimed that they signed up for what they thought were temporary subscriptions to Food Network Magazine, HGTV Magazine, Good Housekeeping, Woman’s Day, and Oprah Magazine that cost a mere $2 each; however, after the trial period, they say they were automatically charged for another subscription costing more than $30 each.
The plaintiffs say Hearst failed to properly mention that its subscriptions would be automatically renewed. They say they would’ve never signed up for the magazines in the first place if they knew.
The consumers filed a class action lawsuit under California’s Automatic Renewal Law and Unfair Competition Law seeking to represent other California consumers who had been duped by the alleged auto-renew scheme. Hearst sought dismissal of the lawsuit, arguing that the terms of the auto-renew had been disclosed appropriately and that the company had not knowingly deceived consumers.
U.S. District Judge William Hayes disagreed, issuing an order preserving the plaintiffs’ claims under California auto-renew law on Feb. 10, 2021.
“Plaintiffs identify the allegedly deceptive terms on specific advertisements, emails, and webpages, as well as the dates when Plaintiffs received the advertisements and emails or viewed the webpages,” points out the order. “Plaintiffs attach copies of Defendants’ paper forms, emails, and webpages in their possession to the Complaint, which support Plaintiffs’ allegations that the terms of the continuous service program were not presented at all or were presented in text smaller than the surrounding text.”
Not all of the plaintiffs’ claims survived dismissal. Judge Hayes, noting that the class action lawsuit said the plaintiffs would not purchase Hearst magazine subscriptions in the future, trimmed claims for an injunction.
This is not the first class action lawsuit filed by Hearst magazine subscribers. In 2019, the company paid $50 million to settle claims by Michigan readers who say Hearst sold their personal information to advertisers in violation of state law.
Do you have a Hearst magazine subscription? Is it auto renewed? Tell us about your experience in the comment section below!
The lead plaintiffs and proposed Class Members are represented by James Hannink and Zach Dostart of Dostart Hannink & Coveney.
The Hearst Auto-Renew Magazine Subscription Class Action Lawsuit is Arnold, et al. v. Hearst Magazine Media, Inc., et al., Case No. 3:19-cv-01969-WQH-MDD, in the U.S. District Court Southern District of California.
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70 thoughts onHearst Magazine Will Answer to Subscription Class Action Lawsuit Claims
Please add me.
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Please add me…I keep getting charged
my mother has asked me to stop these subscriptions. I have written letter, or sent the bill back with CANCEL written on top, but it’s like there is no one there that cares. She is 81 and of the generation that worries about her credit. So she has me send in a money order. I think it’s very wrong to target the older generation.
Hi,
I received the post card about this Class Action Settlement, or Nakai, et al. v. Hearst Magazine Media, Inc., et al. My experience with continuous Service Magazine Subscription stems from a subscription I had with Town and Country magazine, and doggone it! I was pretty dumb, 1.) I didn’t read the fine print on this policy, and 2.) In spite of requesting per writing—they did not respond. 3.) Finally, I called the office number, and oh my, they were very abrupt and rude. I don’t recall how long it took before this experience ended.
Needless to say, I have not renewed T & C since then!
LM in CA
Add me!
For 12 years Hearst Magazine has been sending me magazines and other magazines along with billing and renewal. I have requested STOP but they have continued and I have received one this month. I’ve forgotten which credit card for myself and my mother who is 98 years old, soon to be 99 years old. She has paid them by check even though we requested to STOP. I have years of magazines here in my home and garage, however, they won’t STOP. I want to file a claim!
Jacquelyn Gatson
Please add me to Michigan lawsuits