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Submitted three days ago, and bounced:

2003-01-07 11:02:08 The RIAA Owes You Money (articles,money) (rejected)

My write-up was better, and also called attention to the SSN requirement, and how question 12 in their FAQ addresses concerns over this.

Schwab

Cash Distribution

The cash paid by the Defendants, after the payment of attorneys' fees, litigation and Settlement administration costs, shall be distributed to consumers who purchased Music Products. The number of claims filed will determine the actual amount of the individual refund but will not exceed $20.00 per claimant. If the number of claims filed would result in refunds of less than $5.00 per claimant, there will be no cash distribution to individual consumers. Rather, the cash portion of the Settlement shall be distributed to not-for-profit, charitable, governmental or public entities to be used for music-related purposes or programs for the benefit of consumers who purchased Music Products.
IMPORTANT - If you are a member of the Settlement Group, you can only file one claim per person no matter how many Music Products you purchased.

Injunctive Relief

The Settlement Agreements with the Distributor Defendants and the Retailer Defendants each provide for injunctive relief. The Plaintiffs and Distributor Defendants have agreed to the entry of a permanent injunction, which would prohibit the Distributor Defendants for a period ending August 30, 2007 from adopting, maintaining, enforcing or threatening to enforce any policy, practice or plan which makes receipt of any cooperative advertising or other promotional funds contingent on the price or price level at which any product is advertised or promoted. Distributor Defendants would also be prohibited from agreeing with any dealers to control or maintain the resale price at which the Dealer may offer for sale or sell such Distributor Defendant's Product. Additionally, Distributor Defendants could not for a period ending August 30, 2005, announce resale or minimum advertised prices of product and unilaterally terminate those who fail to comply because of such failure. Distributor Defendants may however, announce suggested retail prices for their Product.

The Settlement Agreements entered into by Plaintiffs and each of the Retailer Defendants, also contain injunctive provisions. These injunctions would prohibit the Retailer Defendants for a period of five years from soliciting, demanding, requesting, advocating or encouraging any distributor or wholesaler of music product to adopt or implement any policy, practice or plan which makes receipt of any cooperative advertising or other promotional funds contingent upon the price or price level at which any music product is advertised, promoted, offered or sold.

Thanks for the support. :)

As for the facts: The Notice of Proposed Settlement specifies, "The attorneys' fees and expenses sought by Plaintiff States and Counsel for the Plaintiff Settlement Class will not exceed 21.5% of the Settlement Fund and 10.1% of the total Settlement." Either way, that's a lot less than "win a lot more of the settlement than you will"; and it's reimbursement, not windfall.

If you live in New York or Florida, note that your State Attorney General was a principal co-counsel, meaning if they did not recover fees, the cost would come out of your pocket as a taxpayer. Perhaps there were side agreements with other states to share the expenses, given that the settlement affects all states.

Remember also that the counsel took the case with fees contingent on winning. The wins have to pay for the losses, and inadequate awards only make it harder for attorneys -- including AG's -- to take on meritorious but difficult cases.

I will make a comment about politicians -- Eliot Spitzer is quite the crusader, isn't he?

I saw this story on Wired a couple days ago. I already filled out the form online to join the settlement group. It was a suprisingly simple process...name, address, email address and click accept on a few things. You don't even need a recipt. Here's the link for those interested.

For some reason when I submitted this EXACT same story a few days ago it was rejected in under 10 minutes. Oh well, can't win 'em all.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

(Only those living in the USA are eligible.)

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement made with assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement amount made by assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement amount made by assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement amount made by assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

To collect an easy $20 from the price-fixing settlement amount made by assorted RIAA members, sign up here before the March 3, 2003 deadline.

Only those living in the USA are eligible.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

Collect an easy $20 from the price-fixing settlement by assorted RIAA memebers by signing up before March 3, 2003.

Now look at them yo-yo's that's the way you do it
You play the guitar on the MTV
That ain't workin' that's the way you do it
Money for nothin' and chicks for free.

Collect an easy $20 from the price-fixing settlement by assorted RIAA memebers by signing up before March 3, 2003.

There is more unfairness. The plaintiff attorneys general have to release their (your) rights to sue, and there is a consent decree (injunction) that says the companies have to stop fixing prices, but only for a period of 5-10 years depending on the type of business practice involved. Then the defendants could (presumably) resume using Minimum Advertised Prices and other allegedly unfair business practices as alleged in the Third Amended Complaint.

If Slashdot readers really wanted to throw sand in the gears of the record companies, and if upfront money for legal expenses could be raised, the settlement agreement between the state AGs and the distributors says that if 500,000 people "opt out" of the settlement then the settlement is void and the lawsuit goes forward!

Suppose 500,000 or some large number of people opted out, hired lawyers, and demanded 1) more than $20; 2) a consent decree of longer duration; 3) removal of the clause that cuts off payments if too many claims are filed; and/or 4) the right to use peer-to-peer music sharing services as a remedy!

Again, (IAAL and I have to recite these words, sorry) this is not legal advice nor an advertisement nor a solicitation for legal services.

There is more unfairness. The plaintiff attorneys general have to release their (your) rights to sue, and there is a consent decree (injunction) that says the companies have to stop fixing prices, but only for a period of 5-10 years depending on the type of business practice involved. Then the defendants could (presumably) resume using Minimum Advertised Prices and other allegedly unfair business practices as alleged in the Third Amended Complaint.

If Slashdot readers really wanted to throw sand in the gears of the record companies, and if upfront money for legal expenses could be raised, the settlement agreement between the state AGs and the distributors says that if 500,000 people "opt out" of the settlement then the settlement is void and the lawsuit goes forward!

Suppose 500,000 or some large number of people opted out, hired lawyers, and demanded 1) more than $20; 2) a consent decree of longer duration; 3) removal of the clause that cuts off payments if too many claims are filed; and/or 4) the right to use peer-to-peer music sharing services as a remedy!

Again, (IAAL and I have to recite these words, sorry) this is not legal advice nor an advertisement nor a solicitation for legal services.

Good grief, can it be that simple? I just went to that Web site and it appears as if by spending five minutes filling in a form I have submitted a claim and will eventually receive a small check in the mail.

(Or did I just give my name, address, date of birth, and last four SS digits to a scam artist?)

If this is for real, it should be widely publicized.

Between the dates mentioned (Jan. 1, 1995 to Dec. 22, 2000) I bought hundreds of CDs and LPs. "Up to $20 per claimant" does justice to someone who bought 5 or 10 CDs during that time... but completely screws those who bought a lot more.

I read the section on my legal rights which states...

If you do not wish to be a member of the Settlement Group, you may exclude yourself by writing to the Compact Disc MAP Antitrust Litigation Administrator as outlined in the Notice of Proposed Settlement . Your request must be postmarked no later than March 3, 2003. The Court will hold a Fairness Hearing to determine if the proposed Settlement is fair, reasonable and adequate on May 22, 2003, at 10:00 a.m. in Courtroom 2, United States Courthouse, 156 Federal Street, Portland, Maine 04101. If you remain a member of the Settlement Group, you or your counsel have the right to appear before the Court and object to the Settlement. However, you must file a Notice of Intention to Appear and Object as outlined in the Notice of Proposed Settlement. Objections must be filed by March 3, 2003.

I'd assume that I could opt out of the settlement group and then file a claim independently... but that sounds expensive and time consuming in order to (doubtfully) recover what would be, at most, a couple bucks per CD/LP (maybe $1K total if I calculated that way).

The other option, and maybe more preferable, would be to become a member of the settlement and then show up a the courthouse to object (Portland, ME is a couple hours away... could be an interesting/educational trip to be sure). Maybe if we could organize a small army of people from nearby with LARGE music collections to come and (hopefully) testify/object. What do you think folks? I'm game.

-S

As the article mentions, there is a proposed settlement in a class action price fixing lawsuit filed by 43 state attorneys general against several major record companies and music retailers.

The terms of the settlement are that people who bought music CDs, records or cassettes between 1/1/95 and 12/22/00 can apply for a refund of up to $20.

But: Like most class action settlements, the terms are not necessarily favorable to consumers. For example, the settlement fund is $67,375,000 in cash plus $75,700,000 "worth of" prerecorded CDs. If "the number of claims filed would result in refunds of less than $5.00 per claimant, there will be no cash distribution to individual consumers. Rather, the cash portion of the settlement shall be distributed to mot-for-profit, charitable, governmental or public entities[.]"

Find out more at musiccdsettlement.com

Disclaimer: The poster (me) expresses no opinion as to the merits (if any) of this class action settlement, and this post is not legal advice nor is it an advertisement or solicitation for legal services.

I boycotted the recording industry after CDs first hit the scene, because they were too expensive, required another piece of audio equipment, and forced my favorite VINYL outlets either out of business or out of vinyl. After about two years of very limited cassette tape purchases, I caved in and grudgingly got on board. The industry pormised that CD prices would come down, but it still pretty much wrecks a twenty dollar bill for one disk which is still too much for the crap that they push on the market. Anyway, my solitary boycott against the recording industry failed, but a few million people might get a point across. BTW, anybody see this?