MacKinnon v. IMVU, Inc.
www.audiofilesettlement.com

Settlement Overview

IMPORTANT UPDATE:

Cash awards have now been distributed to all claimants who opted to receive any Settlement Benefit via check, direct deposit, or PayPal, and were confirmed by IMVU as Settlement Class Members. On July 20, 2016, IMVU began distributing Credit awards to Settlement Class Members who filed a Benefit Elections Claim Form requesting Credits. Credit awards have been delivered directly to the IMVU Account from which the purchase of Affected Audio Products was made. Settlement Class Members who received a Credit award should also have received a message in their IMVU Inbox. IMVU began distributing Predit awards on July 21, 2016, and all Predits have now been distributed. Predit awards were distributed to Settlement Class Members in the order of their date of IMVU registration (with the longest tenured customers receiving their Predit awards first). Settlement Class Members who received a Predit award should also have received a message in their IMVU Inbox.


The class action settlement will resolve a lawsuit against IMVU, Inc. (“IMVU”). The lawsuit claims that from September 21, 2008 to December 1, 2010, IMVU sold full-length audio files to its customers for use in IMVU's 3D messaging application. The lawsuit alleges that IMVU later substantially reduced the value of those audio files by reducing their playback length to 20 seconds. IMVU contends that the file modifications were lawful, and denies any wrongdoing.

To settle the case, IMVU has agreed to eliminate the restrictions that prevented the files from playing at their full length and to make other changes. The agreement does not change IMVU’s obligation to comply with U.S. copyright laws, including requirements to remove audio files from its site if notified of copyright infringement or if it has actual knowledge of copyright violation.

The Court in charge of this case held a final fairness hearing on February 19, 2016 to decide whether to approve the settlement. The Court gave final approval of the settlement at this hearing. For more information, consult the court documents page. The deadline to submit a Benefit Elections Claim Form was March 25, 2016. This deadline has passed.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
DO NOTHING You will automatically receive a refund, to your IMVU Account, of IMVU promotional credits (“Predits”), computed as 60% of the IMVU Credits you used to purchase Affected Audio Products.
SUBMIT A BENEFIT ELECTIONS FORM If you do not want the automatic refund of IMVU Predits, you may request your refund to be paid as one of the following:
  1. IMVU Credits, computed as 30% of the IMVU Credits you used to purchase Affected Audio Products or
  2. Cash, computed as $0.00040 per IMVU Credit, multiplied by the number of IMVU Credits in (a).
March 25, 2016
(Passed)
EXCLUDE YOURSELF Get out of the lawsuit and the settlement. This is the only option that allows you to ever bring or join another lawsuit against IMVU that raises the same claims in this case. You will receive no payment. January 29, 2016
(received)
(Passed)
OBJECT OR COMMENT Write to the Court about why you do or don’t like the settlement, the amount of attorneys’ fees, or the payments to Mr. MacKinnon. January 29, 2016
(postmarked)
(Passed)
GO TO A HEARING Ask to speak in Court about the fairness of the settlement, the amount of attorneys’ fees, or the payments to Mr. MacKinnon. February 19, 2016 at 9:00 a.m.
(Passed)