Class action settlements have been reached under which your rights may be affected. Plaintiff and defendants have executed two Settlement Agreements—one settlement between Plaintiff and defendant CF Enterprises Pty., Ltd. (“CF Enterprises”), and one settlement between Plaintiff and defendants Post SMS. Co. Americas, Inc., and Post SMS Co. Qube, Inc., (collectively, “PostSMS”).
You are a member of the CF Enterprises Settlement Class if you are a current or former Wireless Subscriber Nationwide, who at any time from January 31, 2011, to November 3, 2016, received a text message from any Message Claim Shortcode or relating to a Message Claim Program. “Message Claim Shortcode” means the following shortcodes: 25872, 29104, 33288, 44329, 49712, and 70451. “Message Claim Program” means the following programs: searchyourhoroscope.com; tuneztogo.com; hearmemobile.com; myringtonespot.com; cellsafari.com; tonezgalore.com; urzodiachoroscopes.com; and fonezoneportal.com.
You are a member of the PostSMS Settlement Class if you are a current or former Wireless Subscriber Nationwide, who at any time from January 1, 2010, to November 3, 2016, incurred any charge, whether paid or not, associated with any of the billing descriptors, shortcodes, and program names set forth on Exhibit B to the PostSMS Settlement Agreement; or (b) at any time from January 1, 2010, to November 3, 2016, received any message from a Premium Short Code registered at the CTIA to (i) any organization recognized as exempt from federal income taxation under I.R.C. § 501(c)(3) or I.R.C. § 501(c)(4), or (ii) federal political committees registered with the Federal Election Commission.
Excluded from the Settlement Classes are the following: Defendants, the Claims Administrator, and any of aforementioned respective parent, subsidiary, affiliate and control persons of Defendants, as well as the officers, directors, agents, servants, and employees of Defendants, any trial judge presiding over this case, and the immediate family members of any such Person(s).
Who’s Eligible
CF Enterprises Settlement:
Class Members of the CF Enterprises settlement include: “[A]ll current and former Wireless Subscribers Nationwide, who at any time from January 31, 2011, to November 3, 2016, received a text message from any Message Claim Shortcode or relating to a Message Claim Program.”
According to the settlement documents, Message Claim Shortcode refers to the following shortcodes: 25872, 29104, 33288, 44329, 49712, and 70451.
Message Claim Program refers to the following programs: searchyourhoroscope.com; tuneztogo.com; hearmemobile.com; myringtonespot.com; cellsafari.com; tonezgalore.com; urzodiachoroscopes.com; and fonezoneportal.com.
Post SMS Settlement:
Class Members of the Post SMS Settlement include: “All current and former Wireless Subscribers Nationwide, who at any time from January 1, 2010, to November 3, 2016, incurred any charge, whether paid or not, associated with any of the billing descriptors, shortcodes, and program names set forth on Exhibit B to the Post SMS Settlement Agreement; or (b) at any time from January 1, 2010, to November 3, 2016, received any message from a Premium Short Code registered at the CTIA to (i) any organization recognized as exempt from federal income taxation under I.R.C. § 501(c)(3) or I.R.C. § 501(c)(4), or (ii) federal political committees registered with the Federal Election Commission.”
Potential Award
CF Enterprises Class Members may claim $65 per unauthorized message.
Post SMS Class Members may claim $30 for each Subscription Charge Claim.
Proof of Purchase
N/A. Claimants must provide the mobile phone number that received the allegedly unsolicited text messages or incurred subscription charges. Claimants must also assert under the penalty of perjury that the text messages received were unsolicited and/or that any charges incurred were unauthorized.
Claim Form Deadline
5/31/2017
Case Name
Cullan and Cullan LLC v. m-Qube Inc., et al., Case No. 8:13-cv-00172, in the U.S. District Court for the District of Nebraska
Final Hearing
3/2/2017
Settlement Website
Claims Administrator
Mobile Content Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-888-521-0673
[email protected]
Class Counsel
Ben Barnow
BARNOW AND ASSOCIATES PC
Ralph Phalen
THE LAW OFFICES OF RALPH K. PHALEN
Defense Counsel
Counsel for PostSMS:
Ari N. Rothman
VENABLE LLP
Counsel for CF Enterprises:
Michael T. Hilgers
GOBER HILGERS PLLC
