Paul Tassin  |  February 5, 2018

Category: Closed Class Actions

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TouchTunes customers whose requested songs were skipped can get a refund credit under the terms of a recent class action settlement.

This TouchTunes class action lawsuit was filed in June 2014 by plaintiffs Michelle Cline and Kelly Engstrom. The plaintiffs claim TouchTunes falsely represented its digital jukebox service as “pay-for-play” when in fact many different aspects of its service could prevent a purchaser from hearing the song they paid for.

TouchTunes operates a network of digital jukeboxes installed in public venues like bars and restaurants throughout the U.S. These jukeboxes work in conjunction with a smartphone app. Subscribers can use the app to select and play a song on the jukebox, and to pay for that song via credit card.

The plaintiffs claim that by design, TouchTunes may fail to play a requested song and will not give the purchaser a refund.

“TouchTunes consumers have no control over whether their selected, purchased song will play in the venue,” the complaint reads. Venue owners can allegedly skip a purchased song, that the app will let a customer purchase a song even if the jukebox is off or out of order, or that the queue of songs may be too long to play a requested song within a reasonable time.

Cline and Engstrom alleged TouchTunes fails to notify its customers about these conditions and fails to refund money paid for songs that never got played.

Engstrom left the litigation after all her claims were dismissed in September 2016. Cline was permitted to continue on a single claim under New York General Business Law.

TouchTunes does not admit any of the plaintiffs’ claims by entering into the settlement.

Under terms of the TouchTunes settlement, persons whose requested songs were skipped using a TouchTunes remote control within the qualifying time period can receive a refund of one mobile app credit.

Those whose songs were skipped between May 30, 2010 and Oct. 31, 2012 will need to file a claim to receive their refund. Claims must be filed through the settlement website. Those whose songs were skipped later in the class period will receive their refund credit automatically.

TouchTunes has also changed its terms of use to inform purchasers that the song they request may not be played if a person with a TouchTunes remote control skips the song.

Class Members can exclude themselves from the settlement or object to its terms by submitting a written request no later than April 6, 2018.

Who’s Eligible

The settlement Class covers all persons who between May 30, 2010 and Oct. 28, 2013 purchased credit through the TouchTunes mobile app for a song that was not played because it was skipped by a person using a TouchTunes remote control in conjunction with a TouchTunes jukebox.

Potential Award

One mobile app credit.

Class Members can receive one mobile app credit if a song they purchased a credit for was skipped within the applicable time period.

  • Those whose songs were skipped between Nov. 1, 2012 and Oct. 28, 2013 will automatically receive one credit reimbursement. The credit will be sent to the email account associated with the Class Member’s TouchTunes mobile app account. These Class Members will not have to file a claim.
  • Those whose songs were skipped between May 30, 2010 and Oct. 31, 2012 must file a claim to receive their credit reimbursement.

Each Class Member can receive no more than one credit, regardless of the number of requested songs that were skipped.

Proof of Purchase

No additional documentation is required, other than the information requested in the online Claim Form.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

6/21/2018

Case Name

Cline, et al. v. TouchTunes Music Corp., Case No. 1:14-cv-04744-LAK, in the U.S. District Court for the Southern District of New York

Final Hearing

5/2/2018

Settlement Website
Claims Administrator

TouchTunes Jukebox Settlement
c/o JND Legal Administration
P.O. Box 7118
Broomfield, CO 80021
1 (888) 551-9701
JukeboxSettlement@jndla.com

Class Counsel

Jeffrey M. Norton
NEWMAN FERRARA LLP

Defense Counsel

Jamie A. Levitt
MORRISON & FOERSTER LLP

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8 thoughts onTouchTunes Jukebox Skipped Song Class Action Settlement

  1. miguel A mercado says:

    Please add me

  2. David says:

    What happens if a venue constantly skips my song because “they” the bar doesn’t want to hear it?
    In my honest opinion, TAKE IT OFF OF YOUR PLAYLIST

  3. janet blackford says:

    please add me

  4. pinecone says:

    Same. I tried my email and username and it didn’t recognize either.

  5. Sophie says:

    AMI barlink is always skipping my songs. There should be a lawsuit against them too.

  6. Pat says:

    This was such a common problem when I used to go out, either the song would take over an hour to play or the bartender decided they didn’t like it and just booted it. One credit isn’t very generous, and I don’t go to places that have this anymore. Thanks anyway though.

  7. katie says:

    I have an account and it would not recognize my email.

    1. Top Class Actions says:

      You should contact the settlement administrator with any questions about the claim submission process: JukeboxSettlement@jndla.com

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.