Cell phone users have achieved another victory in the fight against unauthorized charges for so-called premium mobile content"”the mysterious charges that appear on cell phone bills for downloadable ringtones, games, horoscopes, subscriptions, stock tips and other services never actually ordered by the cell phone user. On October 7, 2008, an order was entered in the Circuit Court of Cook County certifying a nationwide class of cell phone customers against Nevis Mobile, LLC, a leading mobile content provider. The lawsuit, Duffy v. Nevis Mobile (Cook County, 08 CH 21376), alleges that Nevis Mobile wrongfully charged thousands of people for mobile content they never authorized.
Attorneys representing the class from the law firm of KamberEdelson LLC call the decision an important one for consumers. Often times cell phone users may review their bills and not even realize what the charges are for. In many cases, customers are provided only with cryptic line-item descriptions of the charges under headings such as "premium services" and are often enrolled against their will in subscription plans ranging from $6.99 to $9.99 monthly. Additionally, customers reportedly experienced difficulty when trying to contact Nevis Mobile about canceling the services and obtaining refunds.
The Court has now ordered that notice of the class action be sent to class members in some instances by direct email notice, through the creation and the maintenance of a website and through this press release. If you think you may have been wrongfully charged for unauthorized mobile content products and services associated with Nevis Mobile LLC, you may be a class member.
At this point, class members have been asked to decide whether they want to participate in the lawsuit or whether they desire to be excluded. By doing nothing at this time, class members will be allowed to participate in whatever relief the Court may ultimately award against Nevis Mobile. By submitting a request for exclusion to class counsel postmarked no later than November 26, 2008, a class member will not be allowed to participate in any recovery ultimately entered by the Court against Nevis Mobile. If you think you may be a class member, please visit www.nevisclass.com for a copy of the full notice explaining your rights in the lawsuit.
You may also contact Class Counsel, Jay Edelson of KamberEdelson LLC, with any questions.