Cline, et al. v. TouchTunes Music Corporation
TouchTunes Jukebox Settlement
Case No. 1:14-cv-04744-LAK

Welcome to the TouchTunes Jukebox Settlement Website

 

You may be eligible for benefits under a class settlement related to TouchTunes Digital Jukeboxes terms of use.

 

What is the lawsuit about?

TouchTunes is a provider of digital jukebox services and also operates a mobile App which allows users to purchase credits to play songs on its digital jukeboxes.  To use TouchTunes’ services, users agree to its Terms of Use.  Plaintiffs claim that, before October 28, 2013, the Terms of Use did not adequately inform TouchTunes’ users that a song they purchased using credits from the mobile App might not play due to the ability of a person to skip a purchased song using a TouchTunes-branded remote control.  TouchTunes denies that its Terms of Use were misleading, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. The lawsuit was brought on behalf of individuals who purchased credits to play a song using the TouchTunes mobile App and whose song was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between May 30, 2010 and October 28, 2013, and who did not receive a refund for that skipped song.  Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York is overseeing this lawsuit, which is known as Cline, et al. v. TouchTunes Music Corporation, No. 14-cv-4744 (LAK) (S.D.N.Y.). The people who sued are called the “Plaintiffs.” TouchTunes is the “Defendant.”

A more detailed description of the lawsuit and important court documents may be found on the Important Documents page.

Who is included?

"Class Members" means all persons who, at any time between May 30, 2010 and October 28, 2013 purchased credits to play a song through TouchTunes; mobile App, which was not played because it was skipped by a person using a TouchTunes branded remote control in connection with a TouchTunes digital jukebox.

Class Members belong to one of two Sub-Classes:   

  1. Automatic Credit Sub-Class Members:  if you purchased credits to play a song through TouchTunes' mobile App, and that song was not played because it was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between November 1, 2012 and October 28, 2013, TouchTunes will provide you one TouchTunes mobile App credit to the email address associated with your TouchTunes mobile account.  You do not need to file a claim.
  2. Claim Credit Sub-Class Members:  if you purchased credits to play a song through TouchTunes' mobile App, which was not played because it was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between May 30, 2010 and October 31, 2012, and you did not receive a refund for that skipped song, you can claim your credit by completing a Claim Form. The deadline to file a claim form is June 21, 2018.

If an individual used cash or a credit or debit card to purchase credits to play a song directly from a TouchTunes digital jukebox, they are not entitled to a refund, and not a Class Member. Class Members may only qualify as either an Automatic Credit Sub-Class Member or a Claim Credit Sub-Class Member, not both.

How do I participate in the Settlement?

Claim Forms must be completed online through the File a Claim page. To make a claim, Class Members must complete the online claim form.  No additional documentation is required.  Class Members will be required to provide their name; TouchTunes mobile App username; the email address corresponding to their TouchTunes mobile App account; the approximate date on which a requested song was skipped; the name of the venue in which they requested the song; the manner in which the song they requested was skipped; and state whether or not they received a refund.
 
The Claims Administrator will review each claim and confirm eligibility for a TouchTunes mobile App credit reimbursement.

Your Legal Rights and Options

Your legal rights are affected whether or not you respond. Please read the Class Notice carefully.

Do Nothing If you do nothing, you stay in this lawsuit.  If you purchased credits to play a song using the TouchTunes mobile App and that song was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between November 1, 2012 and October 28, 2013, you will automatically receive one TouchTunes mobile App credit in your TouchTunes mobile account.  If you purchased credits to play a song using the TouchTunes mobile App that was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between May 30, 2010 and October 31, 2012, and you do not file a claim, you will not receive a TouchTunes mobile App credit.  In either case, you will give up your rights to sue TouchTunes about the legal claims in this lawsuit.  If you purchased credits to play a song using the TouchTunes mobile App that was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between May 30, 2010 and October 31, 2012, and you wish to file a claim, visit File a Claim. For further information, see FAQ 22.
File a Claim If you purchased credits to play a song using the TouchTunes mobile App that was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between May 30, 2010 and October 31, 2012, and you wish to receive a TouchTunes mobile app credit, you must File a Claim online. The deadline to file claims is June 21, 2018.  You do not need to file a claim if you purchased credits to play a song using the TouchTunes mobile App that was skipped by a person using a TouchTunes-branded remote control in connection with a TouchTunes digital jukebox between November 1, 2012 and October 28, 2013.  For further information, see FAQ 9.
Ask to Be Excluded If you exclude yourself from the Settlement, you will get no benefits. This is the only option that may allow you to sue TouchTunes with respect to the issues in this lawsuit. The postmark deadline to exclude yourself is April 6, 2018. For further information, see FAQ 12.
Object or Comment You may remain part of the class and write to the Court about why you like or don’t like the Settlement. The postmark deadline to send an objection or comment is April 6, 2018. For further information, see FAQ 17.
Go to a Hearing You may remain part of the class and ask to speak in Court about the fairness of the Settlement. For further information, see FAQ 21.

FOR MORE INFORMATION

Visit this website often to get the most up-to-date information.

Mail

TouchTunes Jukebox Settlement
c/o JND Legal Administration
P.O. Box 7118
Broomfield, CO 80021