Nakai, et al. v. Hearst Magazine Media, Inc., et al.

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IF YOU WERE ENROLLED IN AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE MAGAZINE SUBSCRIPTION THROUGH HEARST MAGAZINE MEDIA OR CDS GLOBAL, YOU MAY BE ENTITLED TO COMPENSATION.

What is the Litigation About?

The Lawsuit alleges that certain California consumers who enrolled in automatic renewal or continuous service magazine subscriptions for Hearst publications directly through Hearst Magazine Media, Inc. (“Hearst”) or CDS Global, Inc. (“CDS”) had charges posted to their credit card, debit card, or third party payment accounts without first being presented with all of the automatic renewal offer terms in a clear and conspicuous manner as required by California law. The Lawsuit alleges that Defendants have violated the California Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq., and certain other provisions of California consumer protection law.

Although Defendants believe their practices complied with California law and deny the allegations of the Lawsuit, Defendants chose to settle this case without admitting any liability.

Am I a Class Member?

All individuals who, between January 1, 2015 and September 23, 2021, enrolled in at least one automatic-renewal or continuous-service magazine subscription for a Hearst publication directly through Defendants, paid for at least one renewal for a subscription, and who used a California street address as the shipping address for that subscription.

Each individual within the foregoing Class definition is referred to as a “Class Member.” Excluded from the Settlement Class are the judicial officers to whom this case is assigned.

What Does the Settlement Provide?

In full and complete settlement of the claims of the Class Members who do not exclude themselves, Defendants will pay the principal amount of $2,256,928.15 (the “Settlement Amount”). The Settlement Amount, plus any interest thereon, will be used to pay Class Counsel’s attorneys’ fees and litigation expenses (both as approved by the Court), any service payments that the Court may award to the Class Representatives, the expenses of settlement administration (including class notice), and the settlement payments to the Class Members who submit timely and valid Claims. If any funds are remaining by reason of uncashed settlement checks or otherwise, the remaining amount will be paid to one or more cy pres recipients approved by the Court, or as otherwise directed by the Court. In addition to the monetary consideration, the Settlement also includes injunctive relief.