Audible users seek to certify class over audiobook credits that allegedly expire

Audible class action lawsuit overview:

• Who: Four plaintiffs filed a class action lawsuit against Audible Inc.
• Why: Plaintiffs claim Audible unlawfully imposes expiration dates on audiobook credits.
• Where: The class action lawsuit is pending in Washington federal court.

Audible customers have asked a federal judge to certify a nationwide class in a lawsuit alleging the company illegally places expiration dates on audiobook credits.

The plaintiffs argue that Audible’s credits, which can be redeemed for audiobooks, should be treated as “gift certificates” under Washington law, which generally prohibits such certificates from expiring.

According to the motion for class certification, the proposed class would include all U.S. residents who received Audible credits that later expired starting Dec. 4, 2020.

The plaintiffs claim that individual damages are relatively small, ranging from about $20 to $380, making it impractical for consumers to pursue claims on their own and supporting the need for class treatment.

The class action lawsuit alleges Audible sells credits both individually and as part of premium subscriptions, with the understanding that users can exchange them for audiobooks they can keep indefinitely.

Audible allegedly violates gift certificate law with expiring credits

The plaintiffs argue Audible violated Washington’s Gift Certificate Law by imposing expiration dates on the credits, causing consumers to lose unused value before they could redeem it.

“Consumers are often unable to use the credits that Audible promised, and lose their valuable credits before having a chance to use them,” the complaint states.

The class action lawsuit also alleges the practice violates Washington’s Consumer Protection Act, which prohibits deceptive or unfair business practices and allows for potential treble damages.

Audible previously argued that its credits are not gift certificates because they are not tied to a specific monetary value. However, the court rejected that argument, ruling that the law does not require vouchers to have a fixed cash value to qualify.

The plaintiffs are seeking class certification, damages and other relief, including potential treble damages under state law.

Last year, consumers also sued Audible alleging it misled customers into believing they owned the audiobooks purchased through the platform, when, in fact, they only received a license to access them.

What do you think about Audible’s expiring credits policy? Let us know in the comments.

The plaintiffs are represented by Jonas Jacobson, Simon Franzini, Gabriel Doble and Stephen Ferruolo of Dovel & Luner LLP.

The Audible class action lawsuit is Hollis, et al. v. Audible Inc., Case No. 2:24-cv-01999, in the U.S. District Court for the Western District of Washington.

Read About More Class Action Lawsuits & Class Action Settlements:

• Lemonade to pay $10.5M to settle data breach class action over driver’s license data
• J.G. Wentworth hit with class action over alleged sharing of loan application data without consent
• Casely reannounces recall for over 400K power banks due to fire, burn hazards
• Capital One $425M class action settlement approved over savings account interest claims