Komins v. Yonamine, et al., Case No. 19STCV24865
Superior Court of California for the County of Los Angeles
If you played one or more of MobilityWare’s gaming apps on a mobile device in the United States at any time between July 17, 2015 and June 11, 2024, your rights may be affected by a proposed class action settlement.
You are not required to take any action. The Notice further explains the litigation, the Settlement, and how you may comment, object to, or opt out of the Settlement, if you want.
WHAT IS THIS CASE ABOUT?
A proposed settlement has been reached in a class action lawsuit. The lawsuit alleges that MobilityWare’s gaming apps collect personal information about the users without consent and track online behavior to sell to third parties and profile for targeted advertising. Defendants deny these claims and deny they did anything wrong. The Court has not decided which side was right. Instead, the parties have decided to settle the case.
ARE YOU A CLASS MEMBER?
You are a class member if you are a United States citizen and played one or more of the following MobilityWare gaming apps on a mobile device at any time between July 17, 2015 and June 11, 2024:
You should read the entire Notice carefully because your legal rights may be affected.
WHAT ARE YOUR OPTIONS?
Do Nothing - If you do nothing, then you will automatically receive benefits under this Settlement in the form of a cy pres award to the Electronic Frontier Foundation and the Electronic Privacy Information Center, and Defendants’ added disclosures and changes to certain business practices. You will also give up your right to sue Defendants and certain related entities and individuals regarding any claims for injunctive relief that are part of the Settlement. You will not give up any claims for monetary damages.
Exclude Yourself from the Settlement Class by August 19, 2024- If you are a Class Member, you may ask to be excluded from the Settlement Class. If you ask to be excluded, you will not be bound by what the Court does in this case, and will keep any right you might have to sue Defendants separately about the legal claims in this lawsuit. Requests for Exclusion must be sent to the Notice Administrator at RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102, and postmarked no later than August 19, 2024.
Object or Comment in Writing by August 19, 2024- If you are a Class Member, you may write to Notice Administrator about why you object to the Settlement. Written objections must be sent to the Notice Administrator at RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102, and postmarked no later than August 19, 2024 If you do not submit a written objection, you may appear at the final approval hearing in Department 14 of the Spring Street Courthouse, located at 312 North Spring Street, Los Angeles, CA 90012 and request to speak regarding your objection.
Appear in the lawsuit by August 19, 2024 and Attend a Hearing on September 18, 2024 at 11:00 a.m. in Department 14 of the Spring Street Courthouse- If you are a Class Member, you may ask to speak in Court about the fairness of the Settlement at the Final Approval Hearing. You may enter your appearance in Court either pro se or through an attorney at your own expense if you so desire.
These rights and options – and the deadlines to exercise them – are explained in the Detailed Notice.
You can access the Detailed Notice under the Notice tab and the complete text of the Settlement Agreement under the Court Documents tab on this website or contact the Notice Administrator at 1-866-742-4955.
You may also contact class counsel at 619-696-9006 or 651 Arroyo Drive, San Diego, California 92103, or access the Court docket in this case through the Los Angeles Superior Court Register of Actions.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT.