Who is a Class Member
- Code42 Software Automatic Renewal Settlement Class Members include “all consumers within the State of California who purchased any product or service from Code42 as part of an ‘Automatic Renewal’ or ‘Continuous Service’ plan or arrangement between November 19, 2011 and November 19, 2015, inclusive, and who were subsequently charged by and paid Code42 one or more fees for the renewal of the product or service beyond the original term.”
If you don’t qualify for this settlement, check out our database of otheryou may be eligible for.
Proof of Purchase
NOTE: If received a notice by email, a payment will be made to you automatically after the Court approves the settlement and all appeals are resolved. If you received a notice by email, you do not have to submit a claim form in order to receive a payment. If, however, you did not receive a notice by email, you must submit a Claim Form to receive a payment.
California Code42 Software Automatic Renewal Settlement Notes
- Kissel v. Code42 Software Inc.
- Case No. 8:15-cv-01936
- Pending in the U.S. District Court for the Central District of California
Plaintiff Jordan Kissel filed the Code42 Software lawsuit alleging Code42 made automatic renewal or continuous service offers to consumers for its CrashPLan computer backup subscription services but failed to present the terms of these offers “clearly and conspicuously”.
Specifically, the class action lawsuit says Code42 charged Class members’ credit cards, debit cards, or third-party accounts without first obtaining affirmative consent to the automatic renewal or continuous service agreements. The complaint also contends that Code42 failed to provide an acknowledgement that includes that offer terms, cancellation policy, and information regarding how to cancel – a violation of California’s Automatic Renewal Law and California’s Unfair Competition Law.
Code42 denies it did anything wrong but has agreed to create a $400,000 settlement fund to pay Class Members, as well as the fees and costs of the attorneys representing the Class and the expenses of settlement administration. Currently, there are approximately 32,200 Class Members and it is anticipated, after expenses of settlement administration, the payout will be around $7 per eligible claim.
In addition, in November 2015 Code42 modified the information that it provides to California consumers about its automatically renewing services. Code42 has agreed to continue to provide this information, either in the form that Code42 has used since November 2015, or in some other form that complies with California law, for automatically renewing services that it offers to California consumers.
Class members who wish to exclude themselves or opt-out of the settlement must do so by Dec. 18, 2017 (postcard recipients have until Dec. 26, 2017 to exclude themselves or opt out of the settlement). Non-Class members who wish to submit a claim must do so by Dec. 18, 2017.
- 12/18/17: Claim Form Deadline (for Non-Class Members)
- 12/18/17: Exclusion or Objection Deadline
- 12/26/17: Exclusion and Objection Deadline (for Postcard Recipients)
- 2/9/18: Final approval hearing at 2:30 pm PT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
- Mail: Kissel Settlement Administrator, c/o JND Legal Administration, PO Box 6878, Broomfield, CO 80021
- Phone: 1-844-859-6770
- Scott Ferrell of Pacific Trial Attorneys APC