King et al. v. Bumble Trading, Inc. et al.
Bumble Boost Settlement
Case No. 5:18-cv-06868-NC

Frequently Asked Questions

 

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  • A Court authorized the Notice to let you know about a proposed Settlement of a class action lawsuit with Bumble. You have legal rights and options that you may exercise before the Court decides whether to approve the proposed Settlement. The Notice explains the Lawsuit, the Settlement, and your legal rights.

    Magistrate Judge Nathanael Cousins of the U.S. District Court for the Northern District of California is overseeing this class action. The case is known as King et al. v. Bumble Trading, Inc. et al., No. 5:18-cv-06868-NC. The individuals who sued are called the Class Representatives. The companies they sued, Bumble Trading Inc. and Bumble Holding Ltd., are called the Defendants.

  • In a class action, one or more Class Representatives sue on behalf of a group of people who have similar claims. In this case and under this Settlement, these people are together called a “Settlement Class” or “Settlement Class Members,” except for those who excluded themselves from the Settlement Class. In a class action, the court resolves the issues for all Settlement Class Members. After the parties reached an agreement to settle this case, the Court recognized it as a case that may be treated as a class action for settlement purposes only.

  • The lawsuit claims that Bumble’s Terms & Conditions, which stated that New York law applies to all Bumble users nationwide, violated New York law because they did not notify Boost purchasers of their legal right to cancel Bumble Boost and obtain a refund within three business days of purchase. The lawsuit claims that Bumble violated the New York Dating Services Law, N.Y. G.B.L. § 394-c and New York’s consumer protection law, N.Y. GBL § 349. If these laws are violated, a person is entitled to receive actual damages or up to $50 statutory damages, whichever is greater. Plaintiffs also allege claims for unjust enrichment.

    The lawsuit also alleges claims under California law for consumers who purchased Bumble Boost subscriptions in California. The Court decided that Plaintiffs could proceed with claims based on violations of California’s Automatic Renewal Law, Cal. Bus. Prof. Code § 17600, et. seq., because the law represents a fundamental policy in California. The lawsuit alleges that Bumble violated California’s Automatic Renewal Law in certain ways, including not adequately disclosing the automatic renewal offer terms of the Bumble Boost subscription in a clear and conspicuous manner. The lawsuit alleges these practices violate California’s Unfair Competition Law, California Business & Professions Code § 17200, et seq., California’s Consumer Legal Remedies Act, Cal. Civ. Code § 1770(a)(14), and give rise to a common count for money had and received.

    Bumble vigorously denies all allegations of wrongdoing and denies liability as to all claims. The Settlement is not an admission of, and does not establish any, wrongdoing by Bumble.

    More information about the complaint in the lawsuit and Bumble’s answer can be found on the Important Documents page of this website.

  • The Court has not decided whether the Class Representatives or Bumble should win this case. Instead, both sides agreed to a Settlement. The Class Representatives and their attorneys (“Class Counsel”) believe that the Settlement is in the best interests of the Settlement Class Members.

  • You are included in the Settlement if you fit one or both of the following descriptions:

    • The Nationwide Class includes all persons in the United States who purchased Bumble Boost at any time between November 13, 2014 and July 15, 2020. (This is called the DSL Settlement Class in the Settlement Agreement.)
       
    • The California Class includes all persons who purchased Bumble Boost, within California, any time between November 13, 2014 and July 15, 2020, and had their credit card, debit card, and/or a third-party payment account charged as part of Bumble’s automatic renewal program or a continuous service program. (This is called the ARL Settlement Class in the Settlement Agreement.)

    If you are in the California Class and you are also in the Nationwide Class, you will receive payments from each class if you timely make a valid claim.

    If you received an email or postcard about this class action, Bumble’s records show that you may be part of the Settlement.

    The deadline to file a claim passed on November 23, 2020.

  • You are not a Settlement Class Member if you are (1) a Judge or mediator presiding over this Action, or a member of their immediate families; (2) Bumble or a Bumble employee; (3) a person who properly and timely requested to be excluded from the Settlement; (4) Class Counsel; or (5) the legal representatives, successors, or assigns of any of these excluded persons.

  • If you are still not sure whether you are included, you can ask for free help. You can call the Settlement Administrator at 1-888-383-0346 or send an email to info@BumbleBoostSettlement.com. The deadline to file a claim passed on November 23, 2020.

  • Bumble has agreed to create a settlement fund to be divided among all Settlement Class Members who sent in a valid claim form, after deducting amounts the Court may approve for notice and administration costs, attorneys’ fees and expenses, and Class Representatives’ service awards.

    Bumble also agrees to change certain of its practices and enter into an injunction that requires Bumble to adopt certain business practices for a period of 18 months. As long as New York Law is designated as the law governing Bumble’s relationship with Bumble users, Bumble’s Terms & Conditions will inform consumers nationwide of their rights to cancel their Bumble Boost subscription and obtain a full refund within three business days of their initial purchase. Moreover, in the event that Bumble changes the governing law, it agrees to provide consumers who reside in eleven states with notice of their right to cancel within three business days of purchase and obtain a full refund under their state’s dating service law.

    Bumble will also change certain of its subscription purchase flows in the Bumble App for users that purchase directly from Bumble, and not through a separate platform, to clearly and conspicuously disclose that Boost subscriptions purchased directly from Bumble will automatically renew for the same period and price unless the subscriber cancels at least 24 hours before the end of the period and these disclosures will describe the cancellation process. Bumble will also send a confirmation email containing this information to these users following a Boost purchase.

    Bumble denies that it is legally obligated to make any of these changes but is doing so as part of the Settlement. The full terms of the injunctive relief can be found in the Settlement Agreement on the Important Documents page of this website.

  • Your total payment amount will depend on the number of valid claims submitted, which class or classes you are a member of, and for California Class members, the total amount you were charged to renew Boost. Your total payment amount will also depend on how much the Court may approve for attorneys’ fees and expenses (which may be up to $6,090,104), and any service awards (which may be up to $15,000) to the three Class Representatives, which will be deducted from the settlement fund.

    • Class Counsel estimate that the average payment for persons who are only members of the Nationwide Class will be between $21 and $44. These estimates depend on the number of valid claims submitted and the amount of fees, expenses and awards that may be approved by the Court.
       
    • Class Counsel estimate that a person who is a member of both the Nationwide and California Class will receive an average payment of between $64 and $129 when the payments for the two classes are combined. These estimates depend on how much you were charged in auto-renewal fees for Bumble Boost, the number of valid claims submitted and the amount of fees, expenses and awards that may be approved by the Court.
  • Payment to Nationwide Class. Nationwide Class members will receive a proportionate and equal share of the Nationwide fund, up to $100. If, after payments are made, there is money remaining in the Nationwide fund, then Nationwide Class members may be paid an additional amount. This additional amount, when combined with the first payment received from the Nationwide fund, may be up to $100.

    Payment to California Class. California Class members will receive a share of the California fund proportionate to the amount the person was charged in renewal fees (after the initial subscription charge) for Boost. If, after payments are made, there is money remaining in the California fund, the California Class members may be paid an additional amount. This additional amount, when combined with the first payment received from the California fund, may be up to the total amount that California Class members were charged in auto-renewal fees for Boost.

    If you are in both classes, your total payment will include a payment as a Nationwide Class member and a payment as a California Class member.

  • The deadline to file a claim passed on November 23, 2020.

  • To contact you and process claims, Bumble Trading Inc., Bumble Holding Ltd (Bumble), and the Settlement Administrator may process certain personal information, including your name, contact details (including email and phone number), your Boost transactions details, and information that you submit in the claims process. This information will or has been used by Bumble and the Settlement Administrator to notify you about your entitlement to payment and to administer claims. It is in Bumble’s legitimate interests to use your data for these purposes to enable settlement of claims. Your data will be shared with the Settlement Administrator solely for use in this settlement. Your personal information may be transferred from the UK to the US for these purposes, pursuant to clauses that have been put in place between Bumble Holding Ltd. and the Settlement Administrator, modelled after the clauses found here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087. The Bumble Privacy Policy is here: https://bumble.com/privacy.

  • The hearing to consider the final fairness of the Settlement is scheduled for December 16, 2020, at 2:00 p.m. via Zoom. If the Court approves the Settlement, and after any appeals process is completed, Settlement Class Members whose claims were approved will be sent a check in the mail or receive funds electronically. If Final Approval is granted, payments will be issued no sooner than March 1, 2021, but it could be longer. Please be patient. All checks will expire and become void 90 days after they are issued.

  • Unless you excluded yourself, you will remain in the Settlement Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Bumble about the legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.

    If you are a member of the Nationwide Class, you released and gave up:

    any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities brought by a member of the Nationwide Class, whether known, unknown, legal, equitable, or otherwise, that arise out of or relate to the allegations in the operative complaint and that occurred between November 13, 2014 and July 15, 2020, relating to the purchase of Bumble Boost or denial of a refund for the purchase of Bumble Boost.

    If you are a member of the California Class, you released and gave up:

    any and all claims, demands, actions, causes of action, lawsuits, arbitrations, damages, or liabilities brought by a member of the California Class, whether known, unknown, legal, equitable, or otherwise, that arise out of or relate to the allegations in the operative complaint and that occurred between November 13, 2014 and July 15, 2020, relating to the “automatic” renewal of any Bumble Boost subscription and the disclosures, acknowledgments, advertisements, trials, and features of any “automatic” renewal of any Bumble Boost subscription.

    This included a release of unknown claims and a waiver under California Civil Code § 1542. All Settlement Class Members released the following entities or persons:

    Defendants Bumble Trading Inc. and Bumble Holding Ltd., as well as all of Bumble Trading Inc.’s and Bumble Holding Ltd.’s current or former directors, officers, members, administrators, agents, insurers, beneficiaries, trustees, employee benefit plans, representatives, servants, employees, attorneys, parents, subsidiaries, divisions, branches, units, shareholders, investors, successors, predecessors, and assigns, and all other individuals and entities acting on Bumble Trading Inc.’s and/or Bumble Holding Ltd.’s behalf, including but not limited to Badoo Trading Limited, Social Online Payments Ltd., Social Online Payments LLC, and Worldwide Vision Ltd.

  • If you did not want a payment from this Settlement, but you wanted to keep the right to sue or continue to sue Bumble, on your own, about the legal issues in this case, then you must have taken steps to remove yourself from this case. This is called excluding yourself - or is sometimes referred to as opting out of the settlement class.

  • The deadline to exclude yourself from the Settlement passed on November 13, 2020.

  • No. Unless you excluded yourself, you gave up any right to sue Bumble for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must have excluded yourself from this Settlement to continue your own lawsuit. The deadline to exclude yourself from the Settlement passed on November 13, 2020.

  • No. If you excluded yourself, you cannot submit a claim form to ask for any money. However, you may sue, continue to sue, or be part of a different lawsuit against Bumble.

  • The Court appointed the law firms Parasmo Lieberman Law (424-241-2776) and Parisi & Havens LLP (818-990-1299) to represent you and other Settlement Class Members. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

  • Class Counsel have not received any payment for their services in pursuing claims against Bumble on behalf of the Settlement Class, nor have they been reimbursed for their out-of-pocket expenses. Class Counsel will ask the Court to approve payment of up to $6,090,104 to them for attorneys' fees and expenses, and payment of $5,000 each to Nick King Jr., Deena Fischer, and Elena Weinberger for their services as Class Representatives. The fees would pay Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement. The Court may award less than these amounts. Any money not awarded from these requests will stay in the Settlement Fund to pay Settlement Class Members.

    Bumble has not made any agreement with Class Counsel or the Class Representatives as to the amounts that either will receive for attorneys’ fees and expenses or for service awards, respectively.

    Class Counsel will file with the Court and post on the Important Documents page of this website their request for attorneys’ fees and expenses and service awards by October 9, 2020.

  • You could have told the Court that you did not agree with the Settlement or some part of it.

  • The deadline to object to the Settlement passed on November 13, 2020.

  • Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you excluded yourself, you have no basis to object because the case no longer affects you.

  • The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to.

  • The Court will hold a Fairness Hearing on December 16, 2020, at 2:00 p.m. via Zoom. The Court will provide access details closer to the date of the hearing. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate, and will consider the request for attorneys’ fees and expenses for Class Counsel and the service awards to the Class Representatives. If there were objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

    The date and time of the fairness hearing may change, but any changes will be posted on this Settlement website, and through the Court’s Public Access to Court Electronic Records (PACER) system at https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/.

     
  • No. Class Counsel will answer questions Judge Cousins may have. However, you are welcome to come at your own expense. If you sent an objection, you do not have to come to Court to talk about it. If you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

  • If you did not exclude yourself from the Settlement Class, you may have asked the Court for permission to speak at the Fairness Hearing. To do so, you must have sent a letter saying that it is your “Notice of Intention to Appear in King et al. v. Bumble Trading, Inc. et al., No. 5:18-cv-06868-NC.” Your Notice of Intention to Appear must have been postmarked no later than November 13, 2020, and sent to the Clerk of the Court at the address in FAQ 20. You cannot speak at the hearing if you excluded yourself.

     
  • If you did nothing, you will not receive money from this Settlement. But, unless you excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Bumble about the legal issues in this case, ever again.

  • The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to Bumble Boost Settlement, c/o JND Legal Administration, PO Box 91166, Seattle, WA 98111, or by clicking here.

  • You can call 1-888-383-0346 toll free; write to Bumble Boost Settlement, c/o JND Legal Administration, PO Box 91166, Seattle, WA 98111; or explore the Important Documents page on this website, where you will find a claim form, key documents in the case, and other information to help you determine whether you are a Settlement Class Member and whether you are eligible for a payment. You can also contact Class Counsel.

    You may access the docket in this case through the Court’s PACER system at https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California at any of the Court’s locations between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays or other Court closures:

    1. Robert F. Peckham Federal Building and United States Courthouse
      280 South 1st Street, San Jose, CA 95113
       
    2. Phillip Burton Federal Building and United States Courthouse
      450 Golden Gate Avenue, San Francisco, CA 94102
       
    3. Ronald V. Dellums Federal Building and United States Courthouse
      1301 Clay Street, Oakland, CA 94612
       
    4. United States Courthouse
      3140 Boeing Avenue, McKinleyville, CA 95519

 

PLEASE DO NOT CONTACT THE COURT, THE JUDGE, OR THE DEFENDANTS WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS

For More Information

Visit this website often to get the most up-to-date information.

Mail

Bumble Boost Settlement
c/o JND Legal Administration
PO Box 91166
Seattle, WA 98111