Frequently Asked Questions
- What is this lawsuit about?
- What is Mobile Content and who is m-Qube?
- 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?
- What claims are being released in this settlement?
- How can I object to the settlement?
- How can I exclude myself from the settlement?
- When is the Fairness Hearing?
- 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?
1. What is this lawsuit about?
Plaintiffs brought a class action lawsuit in the Circuit Court of Cook County, Illinois, on behalf of a proposed class of wireless subscribers, alleging that m-Qube aided in charging wireless subscribers for Mobile Content that they did not authorize. Similar lawsuits were filed against m-Qube, the wireless carriers, third-party merchants, and other companies and are pending in state and federal courts throughout the country. This class action asserts claims for restitution/unjust enrichment, tortious interference with a contract, breach of contract against Sprint, and violation of the Illinois Consumer Fraud and Deceptive Practices Act. 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 m-Qube and certain wireless carriers who delivered m-Qube related Mobile Content charges. The settlement requires m-Qube to pay money to the Settlement Class, fees for the cost of administration and notice to the Settlement Administrator, attorneys’ fees to Class Counsel, and an incentive payment to the Class Representatives, if approved by the Court. The settlement also requires m-Qube to adhere to certain standards for the sale, marketing, and refunding of unauthorized Mobile Content. This settlement is not an admission of wrongdoing by m-Qube to Plaintiffs, the Settlement Class, any wireless subscriber, or any third party.
2. What is Mobile Content and who is m-Qube?
"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 (not m-Qube). m-Qube 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. As an aggregator, m-Qube arranges for agreements with the wireless carriers where third party merchants of Mobile Content can use the billing and collection mechanisms of the wireless carriers to charge you for Mobile Content. Part of m-Qube’s service is to facilitate Mobile Content providers’ billing and collection processes. Any charges associated with m-Qube may have appeared on your wireless statement along with the name "m-Qube" or may be identified with a "short code" number used in some cases for m-Qube-related messages. To view a list of the short codes, click here.
3. Who is a member of the class?
You may be 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 November 13, 2009, were billed and paid for Mobile Content associated with m-Qube that was not authorized. This website explains how to determine if your unauthorized Mobile Content may be associated with m-Qube. You cannot participate in this settlement if you are a current or former employee, officer, or agent of m-Qube or the wireless carriers. In addition, only certain claims are being released through this settlement, and as a result AT&T Wireless and Cingular Wireless customers are ineligible to participate. A full explanation of the Release of claims is set out in the Stipulation of Class Action Settlement, available here.
4. What can I get from the settlement?
A. m-Qube Service Improvements & Assurances. m-Qube has agreed to continue to improve its consumer protection practices, including assisting with ending subscriptions and providing information regarding content provider customer support. In addition, m-Qube has agreed to remain in compliance with the Mobile Marketing Association’s guidelines.
B. Cash Refund Options For Settlement Class Members Filing Claim Forms. In addition to the above-described service assurances, all Settlement Class Members will be entitled to submit a Claim Form for a cash settlement benefit. The Claim Form will present each Class Member with a choice between two options for receiving a refund. Those who select Option #1 will, upon providing simple information and verifying they received an unauthorized charge covered by the settlement, receive a $10 cash refund. Those who select Option #2, will be required to provide more detailed information about subscription or other recurring charges for Mobile Content associated with m-Qube, but will be eligible to receive an 80% refund for up to three months of such charges. If approved, the Claims Administrator will issue a check to each Class Member who submits a valid Claim Form, unless the amount of Claim Forms submitted plus sixty percent of the refunds provided by the wireless carriers directly, expenses, attorneys’ fees, and incentive awards is more than the $12.254 million settlement fund. If these amounts exceed the settlement fund, each person who submitted a valid Claim Form will get their equal share of the total sum to be paid to the Settlement Class.
- 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 your right to be part of any lawsuit involving claims associated with this case.
- You can contact your wireless carrier and ask them for a refund.
- You can Exclude yourself. If you exclude yourself you will get no payment and you will not be bound by the terms of this settlement. This is the only option that allows you to be part of another lawsuit involving the claims associated with this case. Information on how to exclude yourself from the settlement can be found below in FAQ #11.
- You can Object to the lawsuit by writing to the Court about the reasons that you are against the settlement. Information on how to object to the lawsuit can be found below in FAQ #10.
- You can Attend a Hearing and request that you be allowed to speak in Court about the fairness of the settlement. Information on when and where the hearing will take place can be found below in FAQ #12.
- You can Do Nothing, in which case you will receive no payment and give up your rights against all the claims alleged in the lawsuit.
6. 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.
Jay Edelson
Myles McGuire
Ryan D. Andrews
Rafey S. Balabanian
Edelson McGuire, LLC
350 North LaSalle Street, Suite 1300
Chicago, IL 60654
Tel: 1-866-354-3015
www.edelson.com
7. 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, consisting of attorneys’ fees and costs up to $2.4 million.
8. What is the Incentive Award to the Class Representatives?
As part of the preliminary approval of the settlement, the Court has appointed Edward Parone and Melissa Sodaro as Class Representatives, who along with certain named Plaintiffs in several related actions will share in a total aggregate incentive award of $20,000 for their service in these matters.
9. What claims are being released in this settlement?
Unless you timely file and serve a valid request for exclusion you will be part of the Settlement Class. By remaining in the Settlement Class, all of the Court’s Orders will apply to you. Among other things, you will give m-Qube and all of the wireless carriers through which Mobile Content is billed a full and complete release of all claims related to alleged unauthorized Mobile Content charges billed to you prior to November 13, 2009 that were associated with m-Qube. A release means that you cannot sue or be a part of any other lawsuit against the Released Parties in connection with the claims or issues involved in this class action lawsuit.
Certain claims relating to Mobile Content are not being released as a part of this settlement. These non-released claims are:
(a) 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."
(b) claims for Mobile Content delivered to AT&T Mobility or Cingular customers as these claims involve a separate settlement. If you presently have wireless service from AT&T Mobility, but paid unauthorized charges with a separate carrier, you may still be able to participate in this settlement.
A full explanation of the Release of claims is set out in the Stipulation of Class Action Settlement, available here.
10. How can I object to the settlement?
The Court will hold a Fairness Hearing to determine if the settlement is fair, reasonable and adequate, and to consider also Class Counsels’ request for an award of attorneys’ fees and expenses, and incentive award(s) to the Class Representatives on February 24, 2010 at 2:00 p.m. at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2305, Chicago, Illinois 60602, or on such other date as the Court may otherwise determine. You or your attorney has 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 February 3, 2010. If you decide to object to the settlement, you must (1) provide your full name and address; (2) provide evidence that you are a member of the Settlement Class; (3) include all arguments, citations, and evidence supporting such objection(s); (4) specify who, if anyone, will attend the Fairness Hearing to speak with respect to your objection(s) to the settlement; (5) deliver your objection(s) by mail, hand, or overnight delivery service to the Claims Administrator, Class Counsel and m-Qube’s Counsel; and (6) 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.
You can contact the above-mentioned parties at the following addresses:
| Class Counsel | m-Qube's Counsel | The Court | ||||||||||||
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11. 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 by mail, hand, or overnight delivery service to the Claims Administrator, at m-Qube Settlement Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177. To be valid, your request for exclusion must be submitted no later than February 3, 2010.
12. 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 Representatives. The Court will hold the Fairness Hearing on February 24, 2010 at 2:00 p.m at the Richard J. Daley Center, 50 West Washington Street, Courtroom 2305, 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.
13. What are the billing descriptions and short codes?
To view a list of the 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 Award of up to 80% of three months of subscription or recurring charges for Mobile Content associated with Defendants if more detailed information about such charges is provided.
15. Where can I get more information about the settlement?
Any questions you or your attorney may have concerning this website should be directed to Class Counsel at the address listed below, or you can contact the Claims Administrator at m-Qube Settlement Claims Administrator, P.O. Box 6177, Novato, CA 94948-6177, 1-800-262-0455, Administrator@mQubeSettlement.com. Please include the case name and number, 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 also read the Stipulation of Class Action Settlement available 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@mQubeSettlement.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
Rafey S. Balabanian
Edelson McGuire, LLC
350 North LaSalle Street, Suite 1300
Chicago, IL 60654
Tel: 1-866-354-3015
www.edelson.com