Frequently Asked Questions
- What is the lawsuit about?
- Who is a member of the Class?
- What can I get from the settlement?
- What are my options?
- If I remain in the Settlement Class, who represents me?
- What is the Plaintiff’s Attorneys’ Fees Award?
- What is the Incentive Award to the Class Representatives?
- How can I object to the settlement?
- How can I exclude myself from the settlement?
- When is the Fairness Hearing?
- What is Mobile Content?
- Who are the Defendants?
- What are the billing descriptions and short codes?
- What are the options for my settlement award?
- Where can I get more information about the settlement?
The Plaintiffs in this lawsuit are alleging claims for damages stemming from alleged unauthorized sales and billing for Mobile Content, such as ringtones, news and information alerts, horoscopes, and other digital electronic media, to wireless telephone subscribers.
Cellco Partnership, mBlox, Inc., and the Additional Defendants have explicitly denied the Plaintiffs’ claims. The Court has not decided in favor of the Plaintiffs or the Defendants. Instead, both sides agreed to enter into negotiations, and the parties reached this settlement with the help of a neutral mediator. This settlement is not to be construed as an admission or concession of liability by Cellco Partnership, mBlox, Inc., or any of the Additional Defendants or Included Parties. Given the expense and duration of any trial and/or appeal and the uncertain outcome and risks of litigation, the Plaintiffs and Class Counsel have concluded that this settlement is fair and reasonable, and is in the best interests of the class.
The settlement has been preliminarily approved by a court in Chicago, Illinois. No payments or awards have been made at this time. The sole purpose of this website is to inform you of the settlement and inform you of your options.
2. Who is a member of the Class?
You are a member of the Settlement Class and your rights are affected if you are a person in the United States and its territories who, at any time prior to October 10, 2009, were billed and paid for Mobile Content associated with the Defendants that was not authorized. You cannot participate in this settlement if: (a) you are a current or former employee, officer, or agent of Defendants; or (b) you have claimed refunds and released a Settled Claim in another settlement involving Mobile Content (including the AT&T settlement, the Mobile Messenger settlement or the Media Breakaway settlement); or (c) you possess deceptive marketing claims encompassed within the In re Jamster MDL No. 1751, 05 CV 0819 JM (CAB), meaning specifically those claims alleging that “(i) VeriSign and Jamster Defendants have falsely represented to consumers that mobile customers can get a free ring tone or other phone service by sending a message to Jamster or by registering on the internet; and (ii) instead of receiving the free content, those customers then received repeated text messages from Defendants for which they were charged by Defendants.”
3. What can I get from the settlement?
The settlement will provide up to $63 million to pay the claims of class members who qualify, along with the costs of the settlement and attorneys' fees. The amount available to pay claims may be lowered to $36 million if a similar settlement with AT&T Wireless is approved prior to the Court’s final approval of this case. Each Settlement Class Member who submits a Claim Form shall have the option to choose between either a Set Cash Award of $10.00 or a Cash Refund for up to three (3) months of Mobile Content Subscriptions / Recurring Charges.
- You can submit a Claim Form. This is the only way to get a payment from this settlement. If you elect to receive a payment, you will give up any right to be part of any other lawsuits involving claims associated with this case.
- You can Exclude yourself. If you exclude yourself you will get no payment, but this is the only option that allows you to be part of other lawsuits involving the claims associated with this case.
- You can Object to the lawsuit by writing to the Court about the reasons that you are against the settlement.
- You can Attend a Hearing and request that you be allowed to speak in Court about the fairness of the settlement.
- You can Do Nothing, in which case you receive no payment and give up any rights to be part of any other lawsuits involving claims associated with this case.
5. If I remain in the Settlement Class, who represents me?
The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Lead Class Counsel:
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
Plaintiffs’ Steering Committee:
Robert Shelquist (chair)
Lockridge Grindal Nauen, P.L.L.P.
Suite 2200
100 Washington Avenue South
Minneapolis, MN 55401-2197
David Healey
Offices of David Healy
2846 Remington Green Circle, Suite B
Tallahassee, FL 32308
John Jacobs
The Jacobs Law Firm, Chtd.
122 South Michigan Avenue, Suite 1850
Chicago, IL 60603
David Parisi
Parisi & Havens LLP
15233 Valleyheart Drive
Sherman Oaks, CA 91403
Clifford A. Cantor
Law Offices of Clifford A. Cantor, P.C.
627 208th Ave. SE
Sammamish, WA 98074-7033
Ilan Chorowsky
Progressive Law Group, LLC
354 West Main Street
Madison, WI 53703
Philip Bock
Richard Doherty
Bock & Hatch, LLC
134 North LaSalle, Ste. 1000
Chicago, IL 60602
Brian Wanca
Anderson + Wanca
3701 Algonquin Rd, Ste. 760
Rolling Meadows, IL 60008
6. What is the Plaintiff’s Attorneys’ Fees Award?
The Court has appointed the attorneys listed above to represent the Settlement Class. At the Fairness Hearing, Class Counsel will be seeking final approval of the settlement and request approval by the Court of the fee award consistent with the terms of the Stipulation of Class Action Settlement, consisting of attorneys’ fees and costs up to $11,430,000, but not less than $4,015,000.
7. What is the Incentive Award to the Class Representatives?
As part of the preliminary approval of the settlement, the Court has appointed Susan Paluzzi, Grace Piccici, Patricia Vernon and the Named Plaintiffs in several related class actions as Class Representatives. Subject to Court approval, these persons will share in an award of $35,000 for their service in this matter and the related matters.
8. How can I object to the settlement?
The Court will hold a Fairness Hearing on January 7, 2010 at 11:00 am at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2301, Chicago, Illinois 60602, or on such other date as the Court may otherwise determine. The purpose of the Fairness Hearing is to determine if the settlement is fair, reasonable and adequate, and to consider Class Counsels’ request for an award of attorneys’ fees and expenses as well as incentive award(s) to the Class Representatives You or your attorney have the right to appear before the Court and object to the settlement. However, to do so you must first file a Notice of Intention to Appear and Object. All such objections to the settlement must be filed by December 10, 2009. If you decide to object to the settlement, you must (1) provide your full name and address (and of your attorney if you intend to appear through counsel); (2) provide a statement of the basis for each objection asserted; (3) provide evidence that you are a member of the Settlement Class; (4) include all arguments, citations, legal authorities, documents and evidence supporting such objection(s); (5) provide the names and addresses of any witnesses, if any, who will attend the Fairness Hearing to speak with respect to your objection(s) to the settlement; (6) deliver your objection(s) by mail, hand, or overnight delivery service to the Claims Administrator, Class Counsel and mBlox, Inc.’s Counsel; and (7) file a copy of your objections with the Court in this matter. Failure to provide evidence that you are a Class Member may result in your objection being disregarded.
9. How can I exclude myself from the settlement?
If you do not wish to be a member of the Settlement Class, you may request to be excluded by writing to the Claims Administrator. To do so, you must provide your full name and address, state that you want to opt out of the proposed settlement, and deliver your request for exclusion to Paluzzi Settlement Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177. To be valid, your request for exclusion must be postmarked no later than December 10, 2009.
10. When is the Fairness Hearing?
The Court has given preliminary approval to the settlement. A final hearing on the settlement, which is called a Fairness Hearing, will be held to determine the fairness of the settlement. At the Fairness Hearing, the Court will hear any proper objections and arguments to the settlement, as well as Class Counsel’s request for an award of attorneys’ fees and expenses, and the incentive awards to the Class Representative(s). The Court will hold the Fairness Hearing on January 7, 2010 at 11:00 am at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2301, Chicago, Illinois 60602.
YOU ARE NOT OBLIGATED TO ATTEND THE FAIRNESS HEARING UNLESS YOU PLAN TO OBJECT TO THE SETTLEMENT.
If the settlement is not finally approved, the case will proceed as if no settlement had been attempted or agreed upon. There can be no assurance that if the settlement is not approved, the Settlement Class will recover more than is provided in the settlement, or indeed, anything at all.
"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.
The Defendants consist of the following companies:
- mBlox, Inc.
- 2WayTraffic Mobile USA, Inc. f/k/a Emexus Americas, Inc.
- 2WayTraffic USA, Inc.
- Dada USA, Inc. d/b/a Dadamobile, Inc.
- Dada Entertainment, LLC
- UPOC Networks, Inc. f/k/a Upoc, Inc.
- Lavalife, LLC
- Mobile Entertainment, Inc.
- Playphone, Inc.
- SendMe, Inc.
- SJA Mobile, LLC
- W3i Mobile, LLC f/k/a Freeze Mobile, LLC
- W3i Holdings, LLC
- Sony Pictures Entertainment, Inc.
mBlox, Inc. is an "aggregator" of Mobile Content, which means that it acts as a middleman between numerous merchants that sell Mobile Content and the wireless carriers who provide you with your wireless service. Any charges associated with the Defendants would appear on your wireless statement along with billing "short codes."
13. What are the billing descriptions and short codes?
To view the list of eligible short codes for this settlement, please click here.
14. What are the options for my settlement award?
Class Members are given a choice to receive a payment either under “Option #1” for a $10 Set Cash Award, or under "Option #2" for a Cash Refund of up to three months of subscription or recurring charges for Mobile Content associated with Defendants if more detailed information about such charges is provided.
Under both Option #1 and Option #2, the claimant has the option of automatically giving their refund to one of the following Court-approved charities or non-profit organizations:
- Repower America
- The American Cancer Society
- American Bar Association's Fund for Justice and Education
Class Counsel will match the contributions from Class Member refunds to these charities or non-profit organizations up to $250,000.
15. Where can I get more information about the settlement?
Any questions you or your attorney may have concerning this Notice should be directed to Class Counsel at the address listed below, or you can contact: Paluzzi Settlement Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177, 1-800-262-0455, or email Administrator@MobileContentSettlement.com. Please include the case name and number (Paluzzi v. Cellco Partnership dba Verizon Wireless and mBlox, Inc., Case No. 07 CH 37213), and your name and your current return address on any letters, not just the envelopes. You may also contact Class Counsel at 1-866-354-3015. You may read the Stipulation of Class Action Settlement by clicking here. You may also request a copy of the Stipulation of Class Action Settlement from the Claims Administrator by calling 1-800-262-0455 or emailing Administrator@MobileContentSettlement.com.
Please do not contact the Court. Instead, to obtain information about the terms and conditions concerning the settlement, you may contact Class Counsel, as follows:
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