Price increases: Users can join class action lawsuit against DAZN for free

The sports streaming service DAZN has repeatedly become more expensive in recent years. The German Federation of Consumer Organizations (vzbv) suspects unlawful price increases for existing customers. It therefore filed a class action against higher subscription costs with the Hamm Higher Regional Court in April 2024 (case no. I-12 VKl 1/24). This concerns DAZN's price increases in 2021 and 2022; later price increases are not included. On Thursday, the Federal Office of Justice (BfJ) entered the collective action in the relevant register of actions on its website.

This gives consumers and small companies the opportunity to register their claims in the register free of charge, provided they are the subject of the action. There is also no risk of legal costs for those affected who join the lawsuit. In the event of success, participants could receive a refund of any overpayments.

The vzbv recommends carrying out a "lawsuit check" in advance. The online tool can be used to clarify in just a few steps whether the complaint is suitable for the individual case. Consumers then receive specific instructions on how to enter their case in the register of claims.

Discriminatory, non-transparent, ineffective?

The price increase clauses that DAZN inserted into current contracts without the users' consent "are, in our opinion, unreasonably disadvantageous and non-transparent", explained Jutta Gurkmann, Head of Consumer Policy at vzbv. "They are therefore ineffective." The price had initially risen from 11.99 to 14.99 euros per month with effect from August 2021. One year later, DAZN doubled the price to 29.99 euros for monthly payments.

The vzbv feels a tailwind for the class action thanks to a relevant legal success: In an action for injunctive relief under competition law brought by the association, the Munich Higher Regional Court (OLG) deemed the price adjustment clause in DAZN's terms of use, as it was available on the internet in February 2022, to be invalid and prohibited its use (Ref.: 39 U 2482/23e). The clause was too vague. Consumers could be prevented from checking the justification for price increases. However, the ruling is not final. Although the OLG has not allowed an appeal, DAZN has lodged a complaint with the Federal Court of Justice (I ZR 211/24). The streaming provider has not yet commented on the ongoing proceedings.

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