Frequently Asked Questions
- What is the lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- I’m still not sure if I am included.
- What does the settlement provide?
- How can I get a payment?
- When will I get my payment?
- What am I giving up to get a payment or stay in the Settlement Class?
- How do I get out of the settlement?
- If I didn’t exclude myself, can I sue New Motion for the same thing later?
- Do I have a lawyer in this case?
- How do I tell the Court that I don’t like the settlement?
- What is the difference between objecting and excluding?
- When and where did the Court decide to approve the settlement?
- What happens if I did nothing at all?
- Are there more details about the settlement?
- How do I get more information?
The Court in charge of the case is the Superior Court of the State of California for the County of Los Angeles, and the case is known as Allen, et al. v. New Motion, Inc., Case No. BC386596. The person who sued is called the Plaintiff, and the company she sued, Atrinsic Inc., dba New Motion Inc. (“New Motion”) is called the Defendant.
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.
In a class action, one or more people, called Class Representatives (in this case Ladonna Weaver), sue on behalf of people who have similar claims. All these people are Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who excluded themselves from the Class. Judge John Shepard Wiley Jr. is in charge of this class action and has determined that this case is a class action.
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. While denying the allegations in the lawsuit, New Motion has agreed to the refund of subscription fees paid by eligible Class Members up to a total of three months, for each service or campaign subscribed to by eligible Class Members. The Class Representative and their attorneys think the settlement is in the best interests of members of the Class.
The Court has determined that everyone who fits this description is a Settlement Class Member:
All persons in the United States who, between March 3, 2004 and November 6, 2009 were subscribed to one or more of the following services or campaigns operated by New Motion:
Persons who received a full refund of subscription fees are NOT included in the Settlement Class.
If you are still not sure whether you are included, you may contact the Class Action Settlement Administrator by EMAIL at email@example.com, or by MAIL at Allen, et al. v. New Motion, Inc., c/o The Garden City Group, Inc., P.O. Box 9463, Dublin, OH 43017-4563.
The settlement provides for the following:
- New Motion has agreed to refund subscription fees paid by Settlement Class Members who submitted a valid claim form, up to a total of three months, for each service or campaign subscribed to by the Settlement Class member. While it depends on which service(s) or campaign(s) you subscribed to, monthly subscriptions are typically $9.99/month. To obtain this refund, you must have submitted a claim form on or before February 12, 2010.
- New Motion’s disclosures in its advertisements, including pop-ups, will comply with the Guidelines of the February 12, 2009 Assurance of Voluntary Compliance with the Florida Attorney General. The Court will retain jurisdiction to enforce the injunctive component of the settlement.
- New Motion will pay all of the expenses of providing notice of this Settlement and administration of the Settlement. Payment of these expenses are in addition to the benefits conferred upon the Class Members, and will not in any manner reduce the benefits accruing to Class Members pursuant to the Settlement.
- Attorneys’ fees and costs to Class Counsel will be awarded by the Court in its discretion. Class Counsel requested fees and costs in the amount of $1 million to compensate them for their time and expenses litigating this case on behalf of the Class. The funds will be paid by New Motion, and are in addition to the benefits conferred upon the Class Members. As such, any award of attorneys’ fees and costs will not reduce the benefits accruing to Class Members pursuant to the Settlement in any manner.
- An incentive award of $10,000 will be paid by New Motion to the Class representative, Ladonna Weaver, for her efforts on behalf of the Class. Payment of this incentive compensation to the class representative is in addition to the benefits conferred upon the Class Members, and will not reduce the benefits accruing to Class Members pursuant to the Settlement in any manner.
To qualify for payment, you must have submitted a claim form by February 12, 2010.
The Court held a hearing on March 10, 2010, and decided to approve the settlement. There may be appeals. It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.
Unless you excluded yourself, you are staying in the Class, and that means that you cannot sue, continue to sue, or be part of any other lawsuit against Atrinsic Inc., dba New Motion Inc., about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
If you didn’t want money from this settlement, but you wanted keep your right to sue (or continue to sue) New Motion about the legal issues in this case, then you must have taken steps to get out. This is called excluding yourself — or is sometimes referred to as “opting out” of the Settlement Class.
The deadline to exclude yourself from the settlement was December 31, 2009.
No. Unless you excluded yourself, you gave up the right to sue New Motion for the claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must have excluded yourself from this Class to continue your own lawsuit. The exclusion deadline was December 31, 2009.
If you excluded yourself, you may sue, continue to sue, or be part of a different lawsuit against New Motion.
The Court asked the law firm of Khorrami, Pollard & Abir LLP, of Los Angeles, California to represent you and other Class Members. Together, the lawyers 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.
The deadline to object to the settlement was December 31, 2009.
At the Fairness/Final Approval hearing on March 10, 2010 the Court heard any objections to the terms of the settlement, including attorneys’ fees, costs and the incentive award.
Any Settlement Class Member who did not make an objection shall be deemed to have waived such objection and forever shall be foreclosed from making any objection to the fairness or adequacy of the Settlement, the payment of attorneys’ fees and costs, or the Final Settlement Order and Judgment.
Objecting is simply telling the Court that you don’t like something about the settlement. You could object only if you stayed in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you excluded yourself, you had no basis to object because the case no longer affected you.
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.
If you did nothing, you’ll get no money from this settlement. But, unless you excluded yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against New Motion about the legal issues in this case, ever again.
This website summarizes the settlement. More details are in the Settlement Agreement, available on this website, or by writing to Khorrami, Pollard & Abir, 444 S. Flower St., 33rd Floor, Los Angeles, CA 90071.
You can write to the Class Action Administrator at Allen, et al. v. New Motion, Inc., c/o The Garden City Group, Inc., P.O. Box 9463, Dublin, OH 43017-4563, or email firstname.lastname@example.org.