Pecover v. Electronic Arts Inc

by ps3iso on April 19, 2013

I really don’t hide my feelings regarding Electronic Arts(EA), i think they are a horrible company that doesnt care a lot for their customers and this court settlement proves just that, here is a quote from the source:

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What is this lawsuit about?
Answer: The lawsuit claims that Electronic Arts violated federal and California antitrust laws, as well as California consumer protection laws, by signing exclusive licensing agreements with the Arena Football League (“AFL), the Collegiate Licensing Company (“CLC”) (on behalf of the National Collegiate Athletic Association (“NCAA”)), the National Football League (“NFL”), and the National Football League Players Association (“NFLPA”). The lawsuit claims that these agreements gave Electronic Arts a monopoly over an alleged market for league-branded, simulation football videogames, and allowed it to charge higher prices than it would have in a competitive environment. The suit seeks to recover monetary damages and restitution, as well as injunctive relief.

Electronic Arts denies Plaintiffs’ allegations. Electronic Arts asserts that (i) there is no such thing as a discreet “market” for league-branded, simulation football videogames; (ii) the NFL and its Players’ Association, the NCAA, and other licensors asked Electronic Arts and other game publishers to bid for the rights to make videogames using their trademarks and other intellectual property rights; (iii) EA did so and was awarded certain rights to make videogames using these licensors’ trademarks and other intellectual property rights; (iv) it is not illegal to bid on trademark licenses, exclusive or otherwise, that intellectual property owners choose to offer, (v) exclusive trademark licenses are commonplace and widely accepted in commerce and under the law as one legitimate way for an intellectual property rights holder to maximize the value of its property, (vi) the conduct challenged by Plaintiffs has not injured consumers, and (vii) Electronic Arts has never charged supra-competitive prices for its videogames.

The Court has not decided whether Electronic Arts did anything wrong, and this Notice is not an expression of any opinion by the Court about the merits of any of the claims or defenses asserted by any party to this litigation.

How much will my payment be?
If approved by the Court, payments will be made to Settlement Class Members who submit timely and valid claims out of the net proceeds of the Settlement (the amount available after deducting payment of the costs of administering the Settlement, including the costs of notice, attorneys’ fees, costs of the litigation, and any payments allowed by the Court to the named Plaintiffs) based on the type and number of videogames purchased by a Settlement Class Member.

Valid claims for the purchase of Madden NFL, NCAA Football, or Arena Football videogames for the Xbox, PlayStation 2, PC, or GameCube platforms (“Sixth Generation Purchasers”) will be valued at $20.37 per new game purchased, up to a total of eight units ($162.96). Valid claims for the purchase of Madden NFL, NCAA Football, or Arena Football videogames for the Xbox 360, PlayStation 3, or Wii platforms (“Seventh Generation Purchasers”) will be valued at $5.85 per new game purchased, up to a total of eight units ($46.80). The different amounts reflect the differences in the estimated overcharge for the various platforms, as determined by the economics experts hired by Plaintiffs to evaluate their claims.

If after receiving all valid claims, the claims administrator determines that the net settlement amount is sufficient to pay out all the valid claims submitted, then each valid claim will be paid out at the values listed above. If, however, the claims administrator determines that the net settlement amount is not enough to pay out all the valid claims submitted, then the claim amounts will be reduced on a pro rata basis.

If, after paying out valid claims made by Settlement Class Members, monies remain available, payment in the form of a check will automatically be sent to Settlement Class Members who (i) have purchased sixth generation games and/or seventh generation games, (ii) provided Electronic Arts with a name and physical mailing address, and (iii) did not submit a Claim. The payment to this group of Settlement Class Members will be in an amount that equals the average claim paid to a sixth generation purchaser and/or a seventh generation purchaser who submitted a claim, subject to the trebling discussed above, and without the necessity of submitting a Claims Form.

So if you are from America and bought any of the games mentioned above, check out the source on how to claim:
WELCOME TO THE PECOVER V. ELECTRONIC ARTS INC. SETTLEMENT WEBSITE

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