Plaintiffs v Bid4Prizes, Altnet, Atzmi, Gatorarcade, IMatchUp.com, Zapsters, Ringtone Channel, Mobile Sidewalk,et
Settlement of Suits Against: Bid4Prizes, Altnet, Atzmi, Gatorarcade, IMatchUp.com, Zapsters, Ringtone Channel, Mobile Sidewalk, Ringtone.com, etc.
You may be entitled to a payment under a class action settlement if you subscribed to a service 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 Defendants 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 refundfor up to three months of subscriptionto consumers who were charged on their cellular telephone bills for each of the online services listed above.
What Are My Options
Submit a Claim Form The only way to get a payment. Your claim form must be postmarked or submitted online no later than February 12, 2010.
Exclude yourself from the Settlement Get no payment. This is the only option that allows you to ever be part of any other lawsuit against Atrinsic Inc., dba New Motion Inc., about the legal claims in this case. Exclusion requests must be postmarked no later than December 31, 2009.
Object to the Settlement Write to the Court about why you dont like the settlement. You must file your objection with the Court no later than December 31, 2009.
Go to a Hearing Ask to speak in Court about the fairness of the settlement.
Do Nothing Get no payment. Give up rights.
For more details, please consult the Notice.
Fairness Hearing
The Court will hold a Fairness Hearing at 8:30 a.m. on Thursday, January 28, 2010, at the Los Angeles Superior Court, 110 North Grand Ave., Los Angeles, CA 90012, Department 50. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge John Shepard Wiley Jr. will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
Please note the following important dates: Date Case-Related Event
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)
January 28, 2010 at 8:30 a.m. Fairness Hearing
Khorrami, Pollard & Abir LLP
c/o New Motion Settlement Objection
444 South Flower Street, 33rd Floor
Los Angeles, CA 90071
-and-
Manatt, Phelps & Phillips, LLP
c/o New Motion Settlement Objection
11355 West Olympic Boulevard
Los Angeles CA 90064-1614
