You may be entitled to a payment under a class action settlement if you subscribed to a service or campaign through one or more of the following websites between March 3, 2004 and November 6, 2009: Bid4Prizes, Altnet, Atzmi, Gatorarcade, IMatchUp.com, Zapsters, Ringtone Channel, Mobile Sidewalk, Ringtone.com, MMP3G.com (MxFocus and MM Trivia), Slimlizard, or Q121Mobile.
The lawsuit generally involves claims relating to alleged unauthorized subscriptions and deceptive advertising. The Plaintiff alleges that she and others were fraudulently and unfairly billed by Defendant for a Bid4Prizes subscription through her cellular telephone carrier. Plaintiff further alleges that she and others never knowingly consented to the monthly subscription and never voluntarily used the Defendant’s services. Plaintiff further alleges that the same advertising campaigns and double opt-in process is used by New Motion for all of its websites. New Motion denies these claims and contends that it obtained the consent of all subscribers and validated that consent through a double opt-in process. The Court has not decided whether New Motion did anything wrong.
To qualify you must have been charged by Defendant (likely through your mobile phone carrier) for one or more of these online services/campaigns. Those who have already received a full refund of subscription fees are not included in the settlement class.
What does the Settlement provide?
The settlement will provide a refund—for up to three months of subscription—to consumers who were charged on their cellular telephone bills for each of the online services listed above.
What Are My Options?
|The deadline to submit a claim form was February 12, 2010.|
|Exclude yourself from the Settlement||The deadline to exclude yourself from the settlement was December 31, 2009.|
|Object to the Settlement||The deadline to object to the settlement was December 31, 2009.|
|Go to a Hearing||The Court held the Fairness Hearing on March 10, 2010.|
|Do Nothing||Get no payment. Give up rights.|
For more details, please consult the Notice.
The Court held a Fairness Hearing on March 10, 2010, at the Los Angeles Superior Court. At this hearing, the Court approved the settlement as fair, reasonable, and adequate.
|February 12, 2010
|Claim Form Deadline (postmarked or submitted online)|
|December 31, 2009
|Request for Exclusion Deadline (postmarked)|
|December 31, 2009
|Objection Filing Deadline (filed and served)|
|March 10, 2010