Plaintiffs v mBlox, Inc.
Class Action Challenging Mobile Content Fees Preliminarily Settled
Plaintiff brought a class action lawsuit in the Circuit Court of Cook County, Illinois, on behalf of a proposed class of wireless subscribers, alleging that certain Defendants were involved in charging wireless subscribers for Mobile Content that they did not authorize. Mobile Content is a product (such as ringtones, games, graphics and news or other alerts) that may be purchased and downloaded to your cell phone and is advertised, marketed and sold directly by third-party merchants.
Over 30 similar lawsuits were filed against mBlox, Inc., the wireless carriers, third-party merchants, and other companies and are pending in state and federal courts throughout the country. You need not live in Illinois to receive a benefit under the proposed settlement if you are eligible. This class action asserts claims for breach of contract, restitution/unjust enrichment, and tortuous interference with a contract, and the settlement of this class action resolves other lawsuits asserting violations of Cal. Civ. Code 1770, Cal. Bus. & Prof. Code 17200, trespass to chattels and others.
To resolve this matter without the expense and uncertainties of litigation in these several class actions, the Parties have reached this settlement which resolves certain potential claims against the Defendants and related companies for alleged unauthorized Mobile Content charges. The settlement requires the Defendants to pay money to the Settlement Class, attorneys fees to Class Counsel, and an incentive payment to Class Representatives, if approved by the Court. The settlement also requires the Defendants to adhere to certain standards for the sale, marketing, and refunding of unauthorized Mobile Content. Further, Defendants have consented to the entry of a Court Order requiring them to remain in compliance with the Consumer Best Practices Guidelines established by the Mobile Marketing Association. This settlement is not an admission of wrongdoing by Defendants to Plaintiffs, the Settlement Class, any wireless subscriber, or any third party.
If you are a Settlement Class Member, and the Court gives final approval to the Stipulation of Class Action Settlement, you may be entitled to receive a settlement payment.
For more information please contact:
Jay Edelson
Myles McGuire
Ryan D. Andrews
Steven Lezell
KamberEdelson LLC
350 North LaSalle, Suite 1300
Chicago, IL 60654
Tel: 1-866-354-3015
www.kamberedelson.com
