IMVU Audio File Class Action Settlement

IMVU Inc. has agreed to settle a class action lawsuit alleging it sold full-length audio files to customers for use in the company’s 3D messaging application, but then reduced the value of the audio files by reducing their playback length to 20 seconds.

IMVU offers an application that allows users to use virtual characters called avatars to interact with each other. IMVU users can customize their experience with the app by purchasing virtual items such as clothing, furniture and audio files, which are listed in a virtual catalog. Users can purchase these virtual items with IMVU credits, which they pay for with cash.

According to the IMVU class action lawsuit, the IMVU virtual catalog previously contained many audio products that were several minutes long. However, in September 2008, the company announced that any new audio files added to the IMVU virtual catalog would be cut down to 20 seconds. IMVU asserted that audio files that had been added prior to Sept. 21, 2008 would not be affected.

However, on Jan. 31, 2011, IMVU announced that all audio files would have their playback lengths reduced to 20 seconds. The IMVU class action lawsuit alleges that IMVU only provided refunds to users who had purchased the full-length audio files after Dec. 1, 2010.

The audio file class action lawsuit alleges that IMVU’s conduct is illegal, and the plaintiffs sought refunds for users who, between Sept. 21, 2008 and Dec. 1, 2010, purchased audio files that had playback lengths that were longer than 20 seconds.

IMVU denies any wrongdoing and maintains that the file modifications were lawful. However, it has agreed to settle the audio file class action lawsuit to avoid the cost and uncertainty of ongoing litigation.

Class Members who wish to exclude themselves from or object to the IMVU class action settlement must do so no later than Jan. 22, 2016.

Who’s Eligible

Class Members of the IMVU settlement include anyone who, after Sept. 21, 2008 and before Dec. 1, 2010, used IMVU credits to purchase at least one audio product (with a playback length longer than 20 seconds) from the IMVU virtual catalog, and who subsequently logged into the IMVU service at least once after Jan. 31, 2011.

To qualify, your country of residence in the IMVU app must have been set to the United States as of Sept. 16, 2015, and you must not have held an account that had been terminated for violation of IMVU’s terms of service as of April 20, 2015.

Potential Award

Class Members may elect to receive any one of the following benefits from the audio file class action settlement:

• A refund to his or her IMVU account of IMVU “Predits” (promotional credits), computed as 60 percent of the IMVU credits he or she used to pay for the affected audio products (Class Members will automatically receive this benefit and do not need to file a claim unless they would prefer one of the following benefits);
• A refund to his or her IMVU account of IMVU credits, computed as 30 percent of the IMVU credits that he or she used to pay for the affected audio products; or
• A cash refund, computed as 30 percent of the IMVU credits that he or she used to pay for the affected audio products, times $0.00040 per IMVU credit.

NOTE: IMVU “Predits” are non-transferrable and non-exchangeable. IMVU credits can be transferred to other users with some limitations. Otherwise, IMVU credits and “predits” have the same value and can be used to make purchases in the IMVU virtual catalog.

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

3/20/2016

NOTE: Class Members who do not file a Claim Form will automatically receive a refund of IMVU promotional credits, computed as 60 percent of the IMVU credits used to purchase the affected audio products.

Case Name

Peter MacKinnon Jr. v. IMVU Inc., Case No 1-11-CV-193767, in the Superior Court of California, County of Santa Clara

Final Hearing

2/19/2016

Settlement Website

www.AudioFileSettlement.com

Claims Administrator

MacKinnon v. IMVU Inc.
c/o GCG
P.O. Box 10261
Dublin, OH 43017-5761
866-517-1562
info@AudioFileSettlement.com

Class Counsel

GUTRIDE SAFIER LLP

Defense Counsel

MORRISON & FOERSTER LLP