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Details on how to file a claim for the Penguin, Macmillan e-book settlement that was preliminarily approved in August have been announced. If you purchased one or more e-books published by the companies from April 1, 2010 through May 21, 2012, you may be eligible to claim a partial refund from the class action settlement.
The Penguin/Macmillan settlement marks the end to a massive litigation involving 33 state attorneys general as well as a class action lawsuit filed by consumers who accused five of the country’s largest book publishers of conspiring with Apple Inc. to set prices for e-books and limit the discounts retailers could give. This caused consumers to pay “tens of millions” of dollars more for e-books and allegedly drove out competitors like Amazon’s Kindle e-reader, according to the U.S. Department of Justice, which investigated the alleged conspiracy.
Macmillan and Penguin held out in settling their portion of the case, while the remaining book publisher defendants — Simon and Schuster, HarperCollins, Penguin and Hachette – reached settlements last year.
Apple was the only defendant that did not settle and went to trial in June. A federal judge found Apple guilty of facilitating a conspiracy in July, and ordered a new trial to determine damages in the case. Apple maintains its innocence and said it would appeal the decision.
Class Members of the Macmillan, Penguin e-book settlement include all U.S. residents who purchased an e-book that was published by one of the defendants. The companies publish books under many different names, called imprints. A complete list of these publishers, imprints and divisions can be found here.
The amount of money you can claim from the class action settlement will depend on how many qualifying e-books you purchased. The exact amount you receive cannot be determined at this time, but will be based on the following estimates:
- New York Times bestsellers: $3.06 per e-book. These include titles that were New York Times bestsellers at any time, irrespective of when you purchased the e-book.
- Non-New York Times bestsellers: $.73 per e-book. These e-books include any titles that were not New York Times bestsellers.
What you must do to get a payment from the e-book class action settlement depends on the retailer(s) through which you purchased qualifying e-books: E-book purchases through Amazon [Automatic Credit]:
If you received an email notice from Amazon, you do not need to do anything to receive your credit. You will receive another email when your credit is available. You can choose to receive a check instead.
Check requests must be submitted by: October 21, 2013
E-book purchases through Barnes & Noble, Apple or Kobo [Credit that will need to activated]: If you received an email or postcard notice from one of these retailers or the Claims Administrator, you do not need to do anything at this time to receive your credit. You will receive another notice about how to activate your credit. You can choose to receive a check instead.
Check requests must be submitted by: October 21, 2013
E-book purchases through Sony [Automatic Check]: If you received an email or postcard notice from Sony or the Claims Administrator, you will receive a check automatically, if the Court approves the Settlements.
E-book purchases through Google and other retailers [Check after filing Claim Form]: Google customers who did not file a Claim Form in the Prior Settlements must file a Claim Form online or postmarked by October 21, 2013. You will only have to provide your name, mailing and email address, and your Settlement ID number from the notice you received.
Customers with Other Retailers who did not file a Claim Form in the Prior Settlements must file a Claim Form detailing your e-book purchases. Claim Forms must be filed online or postmarked by October 21, 2013.
Please note that if you did not file a Claim Form in the Prior Settlements, you can only file a Claim Form for e-books published by Macmillan and Penguin. The deadline to file a Claim Form for e-books published by Hachette, HarperCollins, and Simon & Schuster has already passed.
Claim Forms and more information on your rights in the Penguin/Macmillan E-Book Class Action Lawsuit Settlement can be found at www.eBooksAGSettlements.com.
The case is In Re: Electronic Books Antitrust Litigation, Case No. 11-02293, U.S. District Court, Southern District of New York.
How to File a Claim for the Penguin/Macmillan E-book Class Action Lawsuit Settlement
Website of the Class Action Lawsuit Settlement Administrator: www.eBooksAGSettlements.com
Address to submit a claim form (REQUIRED):
E-book AG Settlements Administrator
P.O. Box 2825
Faribault, MN 55021-8630
Claims must be postmarked by: 10/21/13
Settlement Administrator:
Rust Consulting
P.O. Box 2825
Faribault, MN 55021-8630
(866) 621-4153
info@EbookAGSettlements.com
UPDATE: A federal judge granted final approval to the e-book class action settlement on Dec. 9, 2013.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
2 thoughts onMacmillan/Penguin E-Book Class Action Lawsuit Settlement
UPDATE: Credits went out to Kindle and Nook customers from the e-book price fixing class action settlement starting March 24, 2014. Credits from other e-book retailers are expected to be distributed soon. More info: https://topclassactions.com/lawsuit-settlements/lawsuit-news/21335-kindle-nook-customers-get-e-book-class-action-settlement-credits/
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