Active Advantage Membership Program: Deceptive Enrollment
The lawsuit alleges that Active Network, LLC during event registrations deceptively enrolled persons into its membership program called Active Advantage and then charged their credit card for annual fees between $59.95 and $69.95. To see the class action complaint, click here.
The parties have reached a settlement. To see the settlement agreement, click here. To see the class notice, click here. To see the final approval brief and request for attorneys' fees, click here.
Class Members include all Californians who from January 1, 2010 through December 31, 2013, enrolled in Active Advantage on a pop-up webpage and who have not used the Advantage membership (except for any discount given with the initial enrollment).
What the Settlement Provides
The settlement creates a $1.25 million settlement fund to reimburse Class Members 100% of their Advantage membership fees. If funds remain after all timely valid claims are paid, Class Members will receive additional money up to 3 times the amount of their refunded fees.
Active will also donate Advantage memberships worth $1.75 million to under-resourced groups in California. Active will also pay for attorneys’ fees and costs up to $800,000, notice and claim administration costs, and a plaintiff service award.
Additional details are in the settlement agreement and class notice, including the opt out and objection dates and the final approval procedure.
How Do I Get My Refund?
To get a refund, you must submit a claim form by January 9, 2017. You can submit the claim form electronically from ActiveSettlement.com, or return your claim form by mail. To print the claim form, click here.
If you think you may be a Class Member, return the claim form. If you need help completing your claim form, call 619.338.1100.
The District Attorney Settlement
You should also have received notice regarding a settlement between Active and California District Attorneys. If you already submitted a claim form in the District Attorney settlement, you do not have to submit another claim form to receive a full refund. But if you did not already send in a claim form, this is your chance.
Be sure to return your claim form no later than January 9, 2017 to receive a full refund and up to three times more.