National Geographic Facing Class Action Over Allegedly Illegal Subscription Renewal Practices

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A proposed class action accuses National Geographic Partners of unlawfully enrolling consumers in recurring, paid subscriptions without consent.

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The 33-page lawsuit claims the media company, which publishes the popular National Geographic magazine, has run afoul of Washington D.C.’s Automatic Renewal Protections Act (ARPA) by failing to present the terms of its automatically renewing print or online subscription service—including information about its cancellation policy and how to cancel—in a “clear and conspicuous” manner at the time of purchase. Additionally, the suit alleges that the publisher, in violation of the ARPA, fails to provide any notice to consumers before the service renews, namely by informing them that the contract will automatically recur unless it is cancelled.

Moreover, by charging subscribers on a recurring basis without authorization, National Geographic has also violated the federal Electronic Funds Transfer Act, the case contends.

When a consumer signs up for a magazine subscription—which can be done via the National Geographic website or through local bookstores or third-party retailers—the defendant enrolls the individual in a program that automatically renews on a monthly or yearly basis, with corresponding charges made to the subscriber’s credit or debit card, the complaint explains. The filing argues, however, that the defendant does so without making proper disclosures or obtaining informed consent before charging consumers, as required by law.

Though certain automatic renewal terms are presented on the website’s checkout page, the disclosures do not meet ARPA requirements, the lawsuit claims. What’s more, the suit alleges that not even the website’s disclosures, insufficient as they are, are presented to consumers who subscribe through third parties.

According to the case, National Geographic is “well aware that its autorenewal scheme and membership cancellation practices deceive consumers,” as websites such as the Better Business Bureau, Trustpilot and Amazon are littered with customer complaints about the publisher’s “unclear billing practices and confusing or difficult cancellation policy.”

For example, one consumer wrote on Trustpilot that they were surprised to discover in 2020 that they had unknowingly paid for a National Geographic subscription throughout the previous year, the filing says. The reviewer claimed the company’s customer service “did nothing for [them],” and they felt the automatically renewing program was “very underhanded,” the lawsuit adds.

The plaintiff, a North Carolina resident, was enrolled in an annual magazine subscription service at a local Barnes & Noble in 2020, the suit relays. After noticing unauthorized charges on her bank account in 2021, the woman claims she made multiple attempts to cancel her subscription “but had no success.”

As the case tells it, National Geographic never disclosed to the plaintiff that the subscription would automatically renew until cancelled, nor did the company obtain her consent before charging her an annual fee.

The lawsuit looks to represent anyone in the United States who, during the applicable statute of limitations period, incurred renewal fees in connection with a National Geographic subscription that was purchased through a third party. The suit also seeks to cover those who were charged on a recurring basis by the company without their authorization or after they cancelled their subscription.

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