‘The Athletic’ Class Action Claims Company Enrolls Customers in Automatically Renewing Subscriptions

‘The Athletic’ Subscription Renewal Class Action Lawsuit Overview

• Why: The plaintiff alleges that the company failed to provide disclosures to customers before enrolling them in automatically renewing subscription.
• Who: The Athletic Media Company faces a class action lawsuit filed by a subscriber to its sports media website, ‘The Athletic.’
• Where: The class action lawsuit was filed in California federal court.

A subscriber to The Athletic filed a class action lawsuit against The Athletic Media Company for automatically renewing customers’ subscriptions to the media outlet without providing customers with the proper disclosures and authorizations as required by North Carolina law. 

The complaint argues that the company profits from its “illegal automatic renewal scheme” by continuing to charge individuals who no longer use their subscriptions, no longer have access because they unsubscribed or forgot about their automatic subscription. 

The class action was filed by James Leak, a North Carolina resident who purchased a subscription to “The Athletic.” Leak says he was not advised that his subscription was scheduled to automatically renew, nor that his credit card was going to continue to be charged. 

Leak seeks to represent anyone in North Carolina who incurred renewal fee(s) in connection with “The Athletic” subscription offerings within the applicable statute of limitations period up to and including the case’s date of final judgment. 

Athletic Media Co. Lacks Proper Disclosures, Complaint Says

Consumers can subscribe to “The Athletic” on its website or in its mobile app. During the signup process, customers provide their billing information, which the company holds onto so it can continue charging fees, according to the complaint. 

Both the website and mobile app sign up pages indicate that the subscription will be automatically renewed unless the customer opts out of automatic renewal or cancels the subscription. 

However, North Carolina law requires anyone offering automatically renewing contracts must disclose the automatic renewal clause early and conspicuously in the contract, disclose clearly and conspicuously how to cancel the contract in the initial contract and provide written notice to the consumer at least 15 days before automatic renewal that the contract is about to be renewed. 

The class action lawsuit claims that The Athletic Media Company failed to properly disclose how to cancel the contract and provide written notice at least 15 days before the contract is to be renewed.

Leak seeks an order declaring the company’s conduct was illegal, actual and/or compensatory damages, prejudgment interest, an order of restitution and equitable monetary relief and attorneys’ costs. 

Have you found yourself in a constant loop of automatic subscriptions? Share your experience with us in the comments section below!

The plaintiff is represented by L. Timothy Fisher of Bursor & Fisher, P.A. and Brett R. Cohen and  Michael A. Tompkins of Leeds Brown Law, P.C.

The The Athletic Subscription Renewal Class Action Lawsuit is Leak v. The Athletic Media Company, Case No. 3:22-cv-00084, in the US District Court for the Northern District of California. 

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