Frequently Asked Questions
- What is this Website?
- Why did I receive this notice?
- What should I do if I did not receive a notice in the mail?
- What is this lawsuit about?
- Why is this a class action?
- Has a settlement been reached?
- How do I know if I am in this class?
- What will I receive under the settlement?
- What if I do not have any proof?
- What are the benefits and risks of staying in the Class?
- What are my rights and options?
- How do I share in the recovery / submit a Claim?
- What if I do not want to be part of this class action?
- Do I have a lawyer in this case?
- How will the lawyers get paid?
- Will I have to pay the attorney fees?
- How may I comment on or object to the settlement?
- What happens if I do not do anything?
- What should I do if my address is different or if I move?
- Where can I get more information about this lawsuit?
- When will the Court rule on the fairness of the settlement?
This Court has approved the settlement of a class action lawsuit: In re Girls Gone Wild Litigation, Case No. BC296675, pending in the Superior Court of the State of California, County of Los Angeles (“GGW Litigation”).
For those who received a notice of a proposed settlement or who saw a published notice, this website provides additional information regarding the settlement of these class actions, which may affect your legal rights. Please read it carefully. If this website does not answer all of your questions, please contact counsel for the Plaintiffs ("Class Counsel") at the address below. It is important that you act quickly so that you do not lose any legal rights you may have.
2. Why did I get receive this notice?
The Court wants you to know about your options in this case called In re Girls Gone Wild Litigation. If you bought a video or DVD from the Girls Gone Wild toll-free number or Girls Gone Wild website and later received other videos or DVDs that were charged to your credit or debit card without your consent or knowledge, you can be part of a class action lawsuit.
3. What should I do if I did not receive a notice in the mail?
If you did not receive a notice in the mail, read the class description in How do I know if I am in this class?, below. If you fit the description of a class member as defined below, the class action may affect you, and you may have legal rights and choices to make. Read the information on this website carefully.
4. What is this lawsuit about?
The lawsuit claims that the Defendants (Mantra Films, Inc., MRA Holdings LLC and Joe Francis) enrolled anyone who bought a Girls Gone Wild video or DVD after June 2, 1999 in a monthly video club (continuity plan) without their knowledge or consent. After delivering the first order, the Defendants mailed other, unordered videos or DVDs and charged approximately $26, plus shipping and handling, to the consumer’s credit or debit card without the consumer’s authorization. The Plaintiffs allege that this practice violated the Unfair Competition Law and the Consumer Legal Remedies Act.
5. Why is this a class action?
In a class action, one or more people (called the Class Representatives) sue on behalf of other people with similar claims. All of the people with similar claims are a Class or Class Members. One court will decide the issues for all Class Members, except the people who excluded themselves from the Class. The Superior Court of the State of California, County of Los Angeles is in charge of this case.
6. Has a settlement been reached?
IMPORTANT UPDATE: ON MAY 29, 2009, THE COURT APPROVED THE SETTLEMENT. SETTLEMENT BENEFITS WILL BE DISTRIBUTED AFTER ALL APPELLATE OR REVIEW RIGHTS WITH RESPECT TO THE FINAL APPROVAL ORDER HAVE EXPIRED.
7. How do I know if I am in this class?
You can be part of this lawsuit if:
- You were signed up for the Girls Gone Wild “continuity plan” or monthly video club without your knowledge,
- You received videos that you did not order, and
- These additional videos or DVDs were charged to the same credit or debit card you used to make the original purchase.
8. What will I receive under the settlement?
Each Class Member will be eligible for one of the following benefits:
- A complete refund for all charges assessed (1) after requesting cancellation of membership in a Monthly Subscription Program; or (2) related to the submission of a complaint regarding unordered or unwanted videos to Defendants, the Federal Trade Commission, the Better Business Bureau or any other similar state or federal government agency or third party, which complaint was not previously resolved through payment of a full refund; or (3) after initiating a credit or debit card chargeback with any credit or debit card issuer which chargeback was not previously resolved through the payment of a full refund; or (4) after returning one or more videos, in which a replacement video was not shipped;
- A refund of $5 for shipping and handling charges for each video returned to Defendants as relates to the subject of the FTC Action set forth in paragraph 2.8 of the Settlement Agreement, provided that the Class Member did not receive monetary compensation through the FTC Injunction; or
- A discount credit.
9. What if I do not have any proof?
If you wanted a full refund of all charges for unordered or unwanted Girls Gone Wild videos or DVDs, you must have provided the required documentation requested on the Claim Form. If you wanted a Shipping and Handling Refund Claim or Discount Credit Claim you did not need to submit documentation.
10. What are the benefits and risks of staying in the Class?
If you are a member of the class defined above and did not exclude yourself from the Class, you are entitled to share in the recovery provided pursuant to the Settlement Agreement.
If you did not exclude yourself from the class action, you will be bound by all of the Courts' Orders with respect to the class of which you are a member, including the final judgment, whether favorable or not. As part of the settlement, you release any claims (known or unknown) that you may have had against the Defendants. To review the actual release, please view the Settlement Agreement available on this website.
If you excluded yourself from a class, you forfeited the right to receive proceeds of the settlement.
11. What are my rights and options?
You had three options: (a) remain in the Class; (b) remain in the Class and comment or object to the settlement, with or without your own counsel; or (c) exclude yourself from the class.
(a) Stay in the Class Action - If you are a Class Member you do not need to retain separate counsel or file anything with the Court. If you did nothing, you remained in the class and you could have submitted a proof of claim to be eligible to obtain a portion of the settlement recovery. You will be bound by all rulings of the court and its judgment, whether favorable or not. To recover under the Settlement Agreement, however, you must have submitted a properly completed, signed proof of Claim Form by August 19, 2009.
(b) Stay in the Class Action and Comment or Object to the Settlement -
If you are a Class Member and you didn't exclude yourself from the Class, you could (but did not have to) actively participate in this lawsuit. This is called making an appearance. You could make an appearance on your own, or you could have your own lawyer do so at your own expense.
(c) Exclude yourself from the Class Action - If you did not want to be bound by the Court's Orders with respect to these lawsuits, including the settlement and judgments, then you must have taken steps to exclude yourself from the class. The court excluded all who submitted timely and valid exclusion requests. If you excluded yourself from the class, you will not receive a payment from the settlement, but you will retain whatever rights you may have to file your own lawsuit or to join another lawsuit against the Defendants.
If you stayed in the class, you could have commented favorably upon or objected to the terms of the settlement.
12. How do I share in the recovery / submit a Claim?
If you are a member of the class, you could share in the recovery provided by the settlement by submitting a fully completed proof of Claim Form postmarked no later than August 19, 2009.
13. What if I do not want to be part of this class action?
You had the right to exclude yourself from this lawsuit. Excluding yourself means you will not have the right to any money or other benefit that may be awarded in this case. But, you can sue the Defendants on your own.
The deadline to exclude yourself from the settlement was March 27, 2009.
14. Do I have a lawyer in this case?
Yes. The lawyers who represent you are:
|
Eric Gibbs Girard Gibbs & De Bartolomeo LLP 601 California St., Suite 1400 San Francisco, CA 94108 |
Christopher Collins Coughlin Stoia Geller Rudman & Robbins, LLP 655 West Broadway, Suite 1900 San Diego, CA 92101 |
15. How will the lawyers get paid?
At the hearings on final settlement approval, Class Counsel requested that they be paid for their attorneys' fees and expenses. The Settlement Agreement provides for an award, and the Courts approved Class Counsel's request.
The amount of attorneys' fees set forth in the Settlement Agreement is based on several factors, including the conduct of the litigation through the settlement and the likelihood that additional fees and expenses will be incurred in finalizing the settlement and any appeal.
If the lawsuit were not successful, there would have been no recovery and the plaintiffs' lawyers would not have been paid.
16. Will I have to pay the attorney fees?
No, you will not have to pay any attorneys' fees or costs. Class Counsel's Attorneys' fees and costs will be paid by the Defendants. If you decide to remain in the class, however, you may have counsel enter an appearance on your behalf, at your own expense.
17. How may I comment on or object to the settlement?
The deadline to comment on or object to the settlement was March 27, 2009.
18. What happens if I do not do anything?
If you do nothing, you will still be part of this lawsuit and will not recover any benefits from the settlement.
19. What should I do if my address is different or if I move?
Please remember that you must notify the Claims Administrator of any change of address. Notice of a change of address should be mailed to the Claims Administrator at the following address:
In re Girls Gone Wild Litigation Administrator
c/o The Garden City Group, Inc.
P.O. Box 91033
Seattle, WA 98111-9133
You should also contact the Claims Administrator if the mailed notice reached you at an address different from the address on the label, or if you would prefer that all further information about the lawsuit be mailed to a different address.
20. Where can I get more information about this lawsuit?
The mailed notice, the published notice, and this website summarize the Class Actions and the settlement of the cases. More details are in the pleadings and other documents filed in the Class Action.
To read the laws that the lawsuit claims were violated, see: California Business & Professions Code §§ 17200 et seq., §§17500 et seq., California Civil Code §§1750 et seq., and California Civil Code §1584.5
Or mail your questions to:
Eric Gibbs
Girard Gibbs LLP
601 California St., Suite 1400
San Francisco, CA 94108
You can also look at documents related to this case at the Courthouse during regular business hours.
Clerk of the Court
Central Civil West Courthouse
600 South Commonwealth Ave.
Los Angeles, CA 90005
Please do not call or write the Court, Mantra Films, MRA Holdings LLC or Joe Francis with questions about this lawsuit.
21. When will the Court rule on the fairness of the settlement?
IMPORTANT UPDATE: ON MAY 29, 2009, THE COURT APPROVED THE SETTLEMENT. SETTLEMENT BENEFITS WILL BE DISTRIBUTED AFTER ALL APPELLATE OR REVIEW RIGHTS WITH RESPECT TO THE FINAL APPROVAL ORDER HAVE EXPIRED.
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