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Class Action Settlement Announced for Third Party Mobile Content Charges

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A group of US mobile content providers, including Cylon, Cellfish Media, Predicto Mobile, Too Lazy, the application provider 3C Interactive, and the aggregator OpenMarket, have agreed to settle a number of class action lawsuits against them, involving claims that these companies charged wireless subscribers for "mobile content" without authorization.

The Defendants have denied any wrongful conduct, and the settlement is in no way a judgment or ruling by the Court that any party engaged in any wrongful or illegal conduct.

The settlement has been preliminarily approved by the Circuit Court of Cook County in Illinois; it provides for refunds for unauthorized mobile content charges to settlement members, and attorney's fees of up to USD3.2 million. Settlement members are eligible to receive a one-time cash award of $10.00, or a refund of up to three months of content subscription charges.

In addition to the payout, the Defendants are required to agree to adhere to certain guidelines for mobile content sales and marketing - including properly disclosing billing terms - as well as promptly refunding unauthorized content.

Individuals can find out if they are eligible by scanning past phone records for short codes that identify the various mobile content companies. Participants in the AT&T, Mobile Messenger, Media Breakaway, mBlox, m-Qube or Jamster! Settlements are not eligible.

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Tags: ringtones  wireless  court