Friday, November 4, 2011

iTunes Class Action

I just received the following email:

If you purchased an Apple iTunes gift card, you could get benefits under a class action settlement.
A proposed settlement of a class action lawsuit could affect you if you purchased an Apple iTunes gift card and the card or packaging to which it was attached contained language that “songs are 99¢” or other language indicating that songs are priced at 99¢ (referred to as a “99¢ iTunes gift card” in the rest of this Notice).
The settlement will provide you a $3.25 iTunes Store credit if you purchased or received a 99¢ iTunes gift card and used it to purchase one or more $1.29 songs from the iTunes Store on or before May 10, 2010.
If you qualify, you may submit an online Claim Form to ask for the credit.
The Superior Court of the State of California, County of Santa Clara authorized this Notice. The Court will have a hearing to consider whether to approve the settlement.
Who’s Affected?
You’re a “Class Member” if you purchased in the United States a 99¢ iTunes gift card and used the card to purchase one or more $1.29 songs from the iTunes Store on or before May 10, 2010.
What’s this About?
The lawsuit claimed that Apple advertised, distributed, and sold 99¢ iTunes gift cards. It further alleged that in April 2009, Apple raised the price of certain songs at the iTunes Store from 99¢ to $1.29 and that 99¢ iTunes gift card holders who purchased $1.29 songs were overcharged. Apple denies all allegations and has asserted many defenses. The parties are entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrong-doing or an indication that any law was violated.
What can you Get from the Settlement?
The settlement provides for an iTunes Store credit in the amount of $3.25.
How do you Get an iTunes Store Credit?
You must submit a completed online Claim Form by September 24, 2012: A detailed Notice, online Claim Form, and instructions are available at You can also receive a detailed Notice, sample Claim Form, and instructions by calling 1-888-332-0275.
Important Deadlines
You must submit the completed online Claim Form on or before September 24, 2012.
What are your Options?
(1) If you want to participate in the settlement, submit an online Claim Form by September 24, 2012. The Claim Form is available at
(2) If you don’t want a payment and you don’t want to be legally bound by the settlement, you must postmark your request to exclude yourself by December 29, 2011, or you won’t be able to sue, or continue to sue, Apple about the legal claims in this case. If you exclude yourself, you can’t get a payment from this settlement.
(3) You may also object to the settlement. Objections must be received by December 29, 2011.
The detailed Notice describes how to exclude yourself or object. Apple retains the right to withdraw from the settlement in the event an excessive number of requests for exclusion are received.
The Court will hold a hearing in this case (Johnson v. Apple Inc., Case No. 1-09-CV-146501) on February 10, 2012 at 9:00 a.m. to consider whether to approve the settlement and the attorneys’ fees and expenses requested by Class Counsel. Class Counsel will request from the Court, and Apple has agreed not to oppose, an award of attorneys’ fees and expenses of up to $2,117,500. The attorneys’ fees and expenses were negotiated separately from the amount to be paid to the Class and do not reduce the amount of the award to the Class. The Court will determine the amount of fees and expenses that will be paid to Class Counsel. You may appear at the hearing, but you don’t have to. For more details, go or call 1-888-332-0275.

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