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

Frequently Asked Questions

 

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  • The purpose of the Class Notice is to let individuals know about a proposed Settlement in a lawsuit against TouchTunes and about all of their options before the Court decides whether to give final approval to the Settlement. The notice explains the nature of the lawsuit, the general terms of the proposed Settlement (including the benefits available), and their legal rights and obligations.

    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 the 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.”

  • 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.

  • In a class action, one or more people called “class representatives” sue on behalf of themselves and other people with similar claims. The Plaintiff (the class representative here), together with the people she represents, are called Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those people who exclude themselves from the Settlement Class. In this case, the class representative is Michelle Cline.

  • The Court has not decided in favor of Plaintiff or TouchTunes. Instead, both sides agreed to a settlement.  Settlements avoid the costs and uncertainty of a trial and related appeals, while providing benefits to members of the Settlement Class. The class representative and the attorneys for the Settlement Class (“Class Counsel,” see FAQ 15) think the Settlement is in the best interests of the Settlement Class Members.

  • All persons who purchased credits to play a song using 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 at any time between May 30, 2010 and October 28, 2013 are considered Class Members, and are therefore part of the Settlement.

  • Class Members will receive an automatic reimbursement of one TouchTunes mobile App credit if their purchased song was skipped from November 1, 2012 to October 28, 2013.  If, from November 1, 2012 to October 28, 2013, they purchased credits to play a song through the 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 November 1, 2012 to October 28, 2013, TouchTunes will automatically reimburse them one TouchTunes mobile App credit.  The credit will be sent in the form of an electronic code to the email address associated with their TouchTunes mobile App account and they will not need to file a claim.  The mobile App credit will expire one year from the date of the receipt of it.

    Class Members will have the ability to claim reimbursement of one TouchTunes Mobile App Credit if their purchased song was skipped from May 30, 2010 to October 31, 2012.  If they 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 they did not receive a refund for that skipped song, they are entitled to one TouchTunes mobile App credit reimbursement.  To claim their reimbursement, Class Members must File a Claim by June 21, 2018.  Class Members will only receive a credit if they make a valid claim.  This credit will expire one year from the date of the receipt of it.

    Whether a Class Member purchased credits to play a song using the TouchTunes mobile App that was skipped by a TouchTunes-branded remote from November 1, 2012 to October 28, 2013 or from May 30, 2010 to October 31, 2012, if they qualify for the reimbursement of a TouchTunes mobile App credit, they are only entitled to the reimbursement of one credit.  Even if a Class Member purchased credits to play a song using the TouchTunes mobile App that was skipped by remote before and after November 1, 2012, they are still only entitled to the reimbursement of one TouchTunes mobile App credit.

  • If a Class Member purchased credits to play a song through the 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 November 1, 2012 and October 28, 2013, they are entitled to the automatic reimbursement of one TouchTunes mobile App credit.  The credit will be sent in the form of an electronic code to the email address associated with their TouchTunes mobile App account and they will not need to file a claim.  This credit will expire one year from the date of their receipt of it.

  • If a Class Member 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 to November 1, 2012, and they did not receive a refund, they are eligible to submit a claim for the reimbursement of a TouchTunes mobile App credit.

  • Claims can only be filed online.

    To make a claim, Class Members must complete the online claim form on the File a Claim page.  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 and confirm the eligibility of submitted claims for a TouchTunes mobile App credit reimbursement. 

  • Reimbursements of TouchTunes mobile App credits will not be made until the Settlement is finally approved and all appeals and other reviews have been exhausted. 

  • Unless a Class Member excludes themselves from the Settlement, they cannot sue TouchTunes or be part of any other lawsuit against TouchTunes about the issues in the lawsuit.  Unless they exclude themselves, all of the decisions by the Court will bind them. Class Members will be releasing their claims against TouchTunes and all related people as described in Section 11 of the Settlement Agreement.
     
    The Settlement Agreement describes the released claims with specific descriptions, so please read it carefully. 

  • To exclude themselves from the Settlement, Class Members must mail or email the Claims Administrator an Exclusion Request Form.  Class Members may also send a request by email or letter by U.S. Mail requesting that they be excluded from the Settlement. Their exclusion request must include: (1) the name of the lawsuit (Cline, et al. v. TouchTunes Music Corporation), or similar identifying words; (2) their full name and mailing address; (3)  their TouchTunes mobile App username; (4) the words “Notification of Exclusion” or a statement that they wish to be excluded; and (5) their signature.   
     
    Class Members must email or mail their Exclusion Request Form or exclusion letter, postmarked or electronically sent no later than April 6, 2018, to: 

    TouchTunes Jukebox Settlement
    c/o JND Legal Administration
    PO Box 7118
    Broomfield, CO 80021
    JukeboxSettlement@jndla.com

    Exclusion requests cannot be made by telephone. Class Members cannot exclude themselves by mailing or emailing a notification to any other location or address after the deadline of April 6, 2018. The exclusion request must be signed by the Class Member, personally, and not their lawyer or anyone else acting on their behalf.

  • No. Unless a Class Member excludes themselves, they give up the right to sue TouchTunes for the claims that the Settlement resolves.

  • No. Class Members will not get a TouchTunes Mobile App credit if they exclude themselves from the Settlement.

  • Yes. The Court appointed the law firm of Newman Ferrara LLP to represent the Class Members. This firm is called “Class Counsel.”  Class Members will not be charged by these lawyers for their work on the case. If a Class Member wants to be represented by their own lawyer, they may hire one at their own expense.

  • Class Counsel, who have not received payment for their services since the inception of the litigation, will ask the Court to award attorneys’ fees and reimbursement of costs and expenses in an amount not to exceed $100,000.00 and will request a case contribution award for the named plaintiff in the amount of $2,000.00.  The Court will decide the amount of attorneys’ fees, costs, and expenses to award as well as the appropriateness and amount of any case contribution award.  Any attorneys’ fees, costs, expenses, and case contribution amounts awarded will be paid by TouchTunes and will not reduce the benefits provided to Class Members under the proposed Settlement.   Class Counsel will file their application for attorneys’ fees, costs, and expenses, and for a case contribution award for the named plaintiff, on or before March 16, 2018. A copy of the application can be found on the Important Documents page.

  • Class Members can object to or comment on the Settlement, and/or Class Counsel’s request for attorneys’ fees, costs, and expenses.  To object, they must send a written statement that states that they object and includes the following:

    1. The name of the lawsuit (Cline, et al., v. TouchTunes Music Corporation); 
    2. The Class Member's full name, mailing address, email address, and telephone number; 
    3. An explanation of why they think they are a Class Member;
    4. All grounds for their objection, accompanied by any legal support;
    5. Whether they are represented by counsel, including any former or current counsel who may be entitled to compensation for any reason related to their objection, and if so the identity of that counsel;
    6. Whether any counsel will appear on their behalf at the Final Approval Hearing, and if so the identity of that counsel;
    7. The identity of any persons who will be called to testify at the Final Approval Hearing in support of their objection;
    8. Whether they intend to personally appear and/or testify at the Final Approval Hearing; and
    9. Their signature (an attorney’s signature is not sufficient).

     

    To be considered by the Court, the objection must be mailed, postmarked no later than April 6, 2018, to each of the following three recipients at the following addresses:

    Court
    Clerk of the Court U.S. District Court
    Southern District of New York
    500 Pearl Street 
    New York, NY 10007-1312

    Class Counsel
    Jeffrey M. Norton
    NEWMAN FERRARA LLP 
    1250 Broadway, 27th Floor 
    New York, NY 10001

    Defense Counsel
    Jamie A. Levitt
    MORRISON & FOERSTER LLP
    250 West 55th Street
    New York, NY 10019-9601

  • Class Members object to the Settlement when they wish to remain a Class Member and be subject to the Settlement, but disagree with some aspect of the Settlement. An objection allows their views to be heard in Court.

    Class Members excluding themselves from the Class means that they are no longer a Class Member, and don’t want the Settlement to apply to them. Once they are excluded, they lose any right to receive any benefits from the Settlement or to object to any aspect of the Settlement because the case no longer affects them.

  • The Court will hold a Final Approval Hearing on May 2, 2018, 3:30 p.m. EST, in the Courtroom of Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, New York 10007-1312. This hearing date and time may be changed, so please check the Key Dates page, or call, toll-free, 1-888-551-9701, for notice of any changes.

    At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who appear at the hearing and who have provided notice of their intent to appear at the hearing (see FAQ 21). The Court may also consider Class Counsel’s application for attorneys’ fees, costs, and expenses, as well as any case contribution award. After the hearing, the Court will decide whether to approve the Settlement.

  • No. Class Counsel will answer any questions the Court may have. Class Members may attend at their own expense if they wish. If a Class Member submits a written objection, they do not have to come to Court to talk about it. As long as they submitted their written objection on time, the Court will consider it. Class Members may also pay their own lawyer to attend, but it is not necessary.

  • Class Members may ask the Court for permission to speak at the Final Approval Hearing. To do so, they must mail the Claims Administrator and file with the Court at the following addresses a letter stating that it is their “Notice of Intention to Appear in Cline, et al. v. TouchTunes Music Corporation.”  Notices requesting permission to speak at the Final Approval Hearing should be sent to:

    TouchTunes Jukebox Settlement
    c/o JND Legal Administration
    PO Box 7118
    Broomfield, CO 80021
    JukeboxSettlement@jndla.com
     

    Clerk of the Court U.S. District Court
    Southern District of New York
    500 Pearl Street
    New York, NY 10007-1312
     

    Class Members should include:  (a) the name of the lawsuit (Cline, et al. v. TouchTunes Music Corporation); (b) their full name, mailing address, and telephone number; (c) a statement that they would like to speak at the Final Approval Hearing; and (d) their signature (an attorney’s signature is not sufficient). 
     
    A Class Member's Notice of Intention to Appear must be postmarked no later than April 6, 2018. 

  • If a Class Member does nothing, they stay in the lawsuit.  If they purchased credits to play a song using the 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 November 1, 2012 and October 28, 2013, they will automatically receive one TouchTunes mobile App credit.  If they purchased credits to play a song using the 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 they do not file a claim, they will not receive a TouchTunes mobile App credit.  In either case, they will give up their rights to sue TouchTunes about the legal claims in the lawsuit.

  • The Class Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. Additional information can be found on the Important Documents page, by calling 1-888-551-9701, or writing to the Claims Administrator at:

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

    Please do not contact the Court with questions about the Settlement. 

FOR MORE INFORMATION

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Mail

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