On April 27, 2015, the California Superior Court for the County of Los Angeles, the Honorable Jane L. Johnson presiding, certified the Consumer Action as a class action the lawsuit of Habelito v. Guthy-Renker LLC, Case No. BC499558. This means that Plaintiff and Class Representative Jennifer Habelito (“Class Representative”), through the attorneys for the class, Wucetich & Korovilas LLP (“Class Counsel”), can pursue the certified claims on behalf of all Class Members. The Class Representative generally claims that Guthy-Renker LLC violated California Business & Professions Code §17600 et seq. by enrolling class members in automatic renewal billing for Proactiv products, allegedly without complying with the statute’s disclosure requirements and other requirements for automatic renewal billing practices.
The Class Representative also asserts related claims for violation of California’s Consumer Legal Remedies Act, Civil Code § 1750 et seq., violation of California’s Unfair Competition Law, Business & Professions Code § 17200, as well as fraud, negligence, and breach of contract. Guthy-Renker denies any wrongdoing, and contends that the disclosures for its Proactiv subscription program are compliant with California law and that its customers knowingly consented to joining its subscription program.
The Court has not decided that Guthy-Renker did anything wrong and has not issued any decisions on the merits of the case or made any determination as to whether either party’s contentions are valid. The Court has merely decided that the lawsuit can proceed as a certified class action with respect to the Class Representative’s claims. The parties have since reached a settlement of the case on the terms described in this notice.
Who’s Eligible
The settlement includes: “All California citizens who, between January 22, 2009 and July 8, 2014, purchased Proactiv products from Guthy-Renker LLC (“Guthy-Renker”) and, as a result of their purchase, were automatically enrolled in GuthyRenker’s automatic delivery and automatic renewal billing policy and charged for additional products and shipments beyond their initial purchase.”
Potential Award
$20 – $75
To receive the $20 minimum to $75 maximum cash payment, you must submit a claim form online no later than April 17, 2017. Class members can also forgo the $20 – $75 cash payments and instead choose to receive free select skin care products with a minimum value of $75.
Proof of Purchase
N/A
Claim Form Deadline
4/17/2017
Case Name
Habelito v. Guthy-Renker LLC, Case No. BC499558, in the Superior Court of California, County of Los Angeles
Final Hearing
5/16/2017
Settlement Website
Claims Administrator
Habelito v. Guthy-Renker LLC
Claims Administrator
c/o KCC Class Action Services LLC
1801 Market Street, Suite 660
P.O. Box 43460
Providence, RI 43460
1-844-531-5016
Class Counsel
Jason Wucetich
Dimitrios V. Korovilas
WUCETICH & KOROVILAS LLP
Defense Counsel
Daniel Schecter
David J. Schindler
Amy C. Quartarolo
LATHAM & WATKINS LLP
How Class Actions Work
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