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Update:
- A Washington federal judge granted preliminary approval for a $25 million class action settlement benefiting consumers accusing a vinyl company of using digital mastering to make records marketed as all-analog.
- The settlement resolves claims that a Chicago vinyl record producer marketed recordings as purely analog while secretly using digital mastering during production.
- On May 9, intervenors in the case opposed U.S. District Judge James L. Robart’s 27-page order, citing a “collusive reverse action,” which wouldn’t provide adequate relief to class members.
- Robart disagreed, writing the settlement was reached after arm’s-length negotiations.
- A final hearing is scheduled for Oct. 30.
Mobile Fidelity, Audiophile Music Direct class action lawsuit overview:
- Who: Gregory Bitterman filed a class action lawsuit against Mobile Fidelity Sound Lab Inc. and Audiophile Music Direct Inc.
- Why: Bitterman claims Mobile Fidelity Sound Lab and Audiophile Music Direct misrepresented vinyl records they sold as Limited Edition Ultradisc One-Step recordings as being genuine analog recordings.
- Where: The class action lawsuit was filed in Illinois federal court.
(Sept. 7, 2022)
Mobile Fidelity Sound Lab and Audiophile Music Direct falsely advertise that the vinyl records they sell as Limited Edition Ultradisc One-Step recordings are genuine analog recordings, a new class action lawsuit alleges.
Plaintiff Gregory Bitterman claims Mobile Fidelity Sound Lab and Audiophile Music Direct are “falsely omitting the existence of a digital step” in the Limited Edition Ultradisc One-Step recordings.
Bitterman argues the alleged misrepresentation “implicates the core value” of the vinyl record products since “the purity of the all-analog record-making process is important to Plaintiff, class members and the audiophile community.”
Analog records are rarer than digital since the process to produce them can only be done a limited number of times, according to the Audiophile Music Direct and Mobile Fidelity Sound Lab class action.
“As a result of this built-in scarcity, pure analog records are highly collectible and much more valuable compared to records made from digital master recordings,” the vinyl records class action states.
Audiophile Music Direct, Mobile Fidelity Sound Lab class action alleges companies admitted vinyl records not ‘all analog’
Mobile Fidelity Sound Lab and Audiophile Music Direct have since “admitted” that the vinyl records are not “all analog” and actually incorporate “direct stream digital technology,” according to the vinyl records class action.
Bitterman claims Mobile Fidelity Sound Lab and Audiophile Music Direct are guilty of fraud and unjust enrichment, among other things and in violation of the Magnuson-Moss Warranty Act and New York General Business Law.
He demands a jury trial and requests declaratory and injunctive relief along with an award of statutory and/or actual damages for himself and all class members.
Bitterman wants to represent a nationwide class and New York subclass of consumers who have purchased a Limited Edition Ultradisc One-Step recording from Mobile Fidelity Sound Lab or Audiophile Music Direct.
A separate class action lawsuit concerning audio was filed against Acer last month over claims the company manufactured computers with a defect that causes them to “stutter” during videos, teleconferencing and video games.
Have you purchased a Limited Edition Ultradisc One-Step recording from Mobile Fidelity Sound Lab or Audiophile Music Direct? Let us know in the comments.
The plaintiff is represented by Adam J. Levitt, Amy E. Keller and Michelle I. Locascio of DiCello Levitt LLC; Andrew B. Miller of Star Austin & Miller LLP; and Kenneth J. Grunfeld and Kevin W. Fay of Golomb Spirt Grunfeld PC.
The Mobile Fidelity and Audiophile Music Direct analog recordings class action lawsuit is Bitterman v. Mobile Fidelity Sound Lab Inc., et al., Case No. 1:22-cv-04714, in the U.S. District Court for the Northern District of Illinois.
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11 thoughts onJudge approves $25 million settlement in vinyl record false advertising case
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I was shocked to find out that this has occurred. It’s just so disappointing, as I respected Music Direct as one of the best. Funny thing was that
I just got my ultra disc set a week ago, without being aware of the situation. When I placed my order, I was not informed of what was happening. However, I love the way the album sounds. ELO Desperado. I’ m not a Golden Ear, and don’t need to be to know what sounds good to me………..
Is MoFi offer to pay purchase price for return of LPs available to persons outside of the USA? Outside of the lawsuit? I bought limited to 1000 45 RPM UltraDisc “One Step” (how many?) edition of Santana Abraxas UD1S 2-001, and the greater release number 45 RPM UltraDisc “One Step” Marvin Gaye – What’s Going On box sets as I thought they would be the best sounding available. Neither sounds good on my high end rig. I have posted them both for sale on Discogs (UD1S 2-001 for £2495.00 as asking now £1,461.59-£3,189.85 and UD1S 2-008 for £244.95 as asking range is £180.00-£303.00), but as news of this lawsuit gets out I think the constructed collectors value of these pressings will plummet.
I’ve only purchased two one-step ultra discs. Both of them sound fantastic and the packaging is next-level first class. I was disappointed to learn that DSD was used in the process and clearly not represented on the insert or marketing. I’m not so upset that I would get involved or support a lawsuit against MoFi or return my purchases. My fear is that this could potentially put them out of business and remove one of the rare/few companies delivering high quality products.
To add some spice to this comment, I am amused with some (not all) listeners that claimed to be able to tell the difference between digital and analog and this has been the catalyst that has proven their claim totally wrong and their ego/pride has made them so upset they are motivated to go after the ones that caused this point of pain. Good luck.
Please
I feel cheated on principle and taken advantage of from a consumer standpoint by being asked to pay way more for a product I could have acquired at a fraction of what was being advertised at.
Clear case of misrepresentation
Please add. Purchased numerous vinyl pressings from Mobile Fidelity and was deceived they were all purely analog sourced with no digital in the production process.
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