Motorola CLIQ XT Android OS Upgrade Class Action Settlement

A settlement has been reached in a class action lawsuit alleging Motorola Mobility Inc. represented to consumers that it would upgrade the operating system of the CLIQ XT mobile phone, but ultimately failed to do so. If you purchased a Motorola CLIQ XT prior to Feb. 2, 2011, you could be eligible for benefits from the class action settlement.

The Motorola CLIQ XT class action lawsuit alleged that Motorola made intentional misrepresentations about the Android operating system upgrade, in violation of Illinois law. The plaintiff argued that this conduct amounted to fraud and unjust enrichment.

According to the Motorola class action lawsuit, Motorola released the CLIQ XT mobile phone in March 2010. At the time of its release, the CLIQ XT was based on the outdated Android 1.5 mobile operating system. Motorola allegedly made numerous representations that it would upgrade the phone’s operating system to the updated Android 2.1 platform.

Motorola reportedly announced its intent to upgrade the operating system on multiple platforms, including its own website, online service forums and its Twitter account. As a result, many consumers purchased and continued to use the CLIQ XT phone instead of returning it for an up-to-date phone. However, Motorola allegedly never implemented the promised upgrade. The CLIQ XT class action lawsuit alleges that Motorola actively concealed the fact that it never intended to upgrade the operating system.

Motorola denies the allegations but has agreed to settle the class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Who’s Eligible

Class Members of the Motorola CLIQ XT class action settlement include all individuals and entities in the United States who purchased a Motorola CLIQ XT prior to Feb. 2, 2011.

Potential Award

Under the terms of the CLIQ XT class action settlement, Motorola has agreed to provide a unique redemption code worth $25 for use at the Motorola Online Store to each Class Member who submits a timely and valid Claim Form.

Proof of Purchase

To be eligible for benefits from the Motorola class action settlement, Class Members must affirm under the penalty of perjury that they (1) purchased one or more of the Motorola CLIQ XT mobile phones; (2) that they purchased the CLIQ XT based on the understanding and belief that the Android Operating System would be upgraded; and (3) that, because the Operating System was not upgraded, they were unable to use the phone as intended.

Claim Form

Claim Form Deadline

11/10/2014

Case Name

Jack Haught, et al. v. Motorola Mobility Inc., Case No. 1:12-cv-02515, in the U.S. District Court for the Northern District of Illinois

Final Hearing

11/20/2014

Settlement Website

www.CliqXTSettlement.com

Claims Administrator

CLIQ XT Settlement Administrator
P.O. Box 3058
Portland, OR 97208-3058
1-877-341-4585

Class Counsel

Rafey S. Balabanian
Benjamin H. Richman
Christopher L. Dore
EDELSON PC

Defense Counsel

I. Mark L. Durbin
BARNES & THORNBURG LLP