|
CLASS ID: GPD1044627
CONFIRMATION CODE: d4d92
REMINDER LEGAL NOTICE
A court authorized this notice. This is not a solicitation.
If
you are a U.S. app developer that has earned not more than $2,000,000
per year selling apps and digital content in the Google Play store, you
are entitled to an automatic payment ranging from $250 to amounts
exceeding $200,000.
By
default, your payment will be issued by check addressed to Srikanth
Kidambi at 1154 windbrooke drive #102 | Buffalo grove | IL | US | 60089. You do not need to take any further action to be issued a payment by check. To endorse the check, you will be required to verify membership in the Settlement Class.
If you wish
to receive a digital payment (through PayPal, Venmo, or virtual prepaid
card) instead of a physical check, you can make that election by
visiting the settlement website (www.googleplaydevelopersettlement.com) and verifying your membership in the Settlement Class.
WHAT IS THIS NOTICE ABOUT?
In this class
action lawsuit pending against Google, Plaintiffs claimed that Google
monopolized (or attempted to monopolize) alleged markets related to the
distribution of Android OS apps and in-app products, and engaged in
unlawful tying conduct, in violation of U.S. and California law. Google
denies all allegations and this settlement is not an admission of
wrongdoing. Both Plaintiffs and Google agreed to settle this case to
move forward, avoid the distraction of litigation, and provide support
to the developer community. This notice summarizes your legal rights.
You should visit the settlement website (www.googleplaydevelopersettlement.com)
to obtain more detailed information about the proposed settlement and
your rights. You also can contact the settlement administrator by mail,
email or by calling toll-free:
Google Play Developer Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Email: info@googleplaydevelopersettlement.com
Toll-Free: (844) 423-3488
AM I A CLASS MEMBER?
You
are receiving this notice because Google’s records indicate that you may
be a member of the class (a “Settlement Class Member.”) and be entitled
an automatic cash payment. You are a Settlement Class Member
if you are a current or former U.S. developer of any Android OS
application or in-app product (including subscriptions) and satisfy the
following criteria:
- Sold an application or in-app
product (including subscriptions) for a non-zero price between August
17, 2016 and December 31, 2021;
- Paid Google a service fee greater than 15% on at least one such transaction between August 17, 2016 and December 31, 2021; and
- Earned proceeds
between U.S. $0 and U.S. $2,000,000.00 through Google Play in every
calendar year between and inclusive of 2016 and 2021. For these
purposes, the 2016 calendar year consists of August 17, 2016 to December
31, 2016.
HOW CAN I RECEIVE A PAYMENT FROM THE SETTLEMENT?
Under the
settlement, Google has agreed to establish a $90 million settlement fund
(the “Settlement Fund”). If the Settlement is approved by the Court, Settlement Class Members who do not request to be excluded from the Settlement will be entitled to a minimum cash payment of $250 to amounts estimated to exceed $200,000. Payment
amounts are based on the amount of service fees Settlement Class
Members have paid to Google. Settlement Class Members who paid greater
service fees are entitled to a greater distribution from the Settlement
Fund.
To determine your estimated minimum payment, visit www.googleplaydevelopersettlement.com and use the following Class Id: GPD1044627 and Confirmation Code: d4d92.
By
default, your payment will be issued by check addressed to Srikanth
Kidambi at 1154 windbrooke drive #102 | Buffalo grove | IL | US | 60089. You do not need to take any further action to be issued a payment by check. To endorse the check, you will be required to verify membership in the Settlement Class.
If you
believe the recipient name or address identified above is incorrect, or
if you wish to contest your estimated payment amount, you must contact
the settlement administrator at info@googleplaydevelopersettlement.com or toll-free at (844) 423-3488 by May 30, 2023.
If you wish
to receive a digital payment (through PayPal, Venmo, or virtual prepaid
card) instead of a physical check, you can make that election by
visiting the settlement website (www.googleplaydevelopersettlement.com) and verifying your membership in the Settlement Class.
WHAT OTHER BENEFITS CAN I GET FROM THE SETTLEMENT
In addition to establishing a $90 million Settlement Fund, the settlement also requires Google to do the following:
- Through May 25, 2025, Google shall maintain for U.S.
Developers a service fee of no greater than fifteen percent (15%) for
the first $1M of developer earnings each year, pursuant to the terms and
conditions of Google Play and subject to program participation
requirements.
- For a period of at least three (3) years following
final approval of the settlement (the “Final Approval Order”), Google
shall continue to allow developers to use contact information obtained
in-app (with user consent) to communicate with users out-of-app,
including to promote alternatives to Google Play’s billing system.
Google will eliminate the following sentence from ¶ 4.9 of its Developer
Distribution Agreement (DDA): You may not use user information obtained
via Google Play to sell or distribute Products outside of Google Play.
- For a period of at least three (3) years following the
public release of Android 12 (October 4, 2021), Google shall, subject to
technical requirements maintain in subsequent versions of Android the
changes implemented in Android 12 that Google believes made it even
easier for people to use other app stores on their mobile devices while
being careful not to compromise the safety measures Android has in
place.
- For at least two (2) years following the Final Approval
Order, Google Play will develop an “Indie Apps Corner” on the apps tab
on the U.S. homepage of the Google Play store. The Indie Apps Corner
will spotlight a collection of qualifying independent and small startup
developers building high quality and unique apps, and would be refreshed
at least quarterly.
- For a period of at least three (3) years following the
Final Approval Order, Google will publish an annual transparency report
that, at a minimum, will convey meaningful statistics such as apps
removed from Google Play, account termination, and objective information
regarding how users interact with Google Play.
HOW CAN I EXCLUDE MYSELF FROM THE CLASS?
If you don’t want to be legally bound by the settlement, your request to be excluded must be received by
April 5, 2023, or you will not be able to sue or be part of any other
lawsuit against Google related to the subject matter of this lawsuit or
the claims released by the settlement agreement. Refer to the settlement
website (www.googleplaydevelopersettlement.com) and the detailed Class Notice for information and instructions on how to exclude yourself.
HOW CAN I OBJECT?
If you want
to remain a Settlement Class Member, but you want to object to the
settlement and/or to class counsel’s request for attorneys’ fees and
expenses, your objection must be received by April 5, 2023. Refer
to the settlement website and the detailed Class Notice for information
and instructions on how to object. The Court will consider objections
at a final hearing in this case (In re Google Play Developer Antitrust Litigation,
Case No. 30:20-cv-05792-JD) on May 18, 2023 at 10 a.m., at the United
States District Court for the Northern District of California, San
Francisco Courthouse, Courtroom 11, 450 Golden Gate Avenue, San
Francisco, CA 94102, to consider whether to approve (1) the settlement;
(2) class counsel’s request for attorneys’ fees and expenses; and (3)
named plaintiff service awards. You may appear at the final hearing, but
you don’t need to. The date of the final hearing may change without
further notice and may be confirmed on the Court’s Public Access to
Court Electronic Records (PACER) site, for a fee, at https://ecf.cand.uscourts.gov?cid=4027&lid=2979&sid=791910624. Information about the final hearing will also be posted on the settlement website.
WHERE CAN I GET MORE INFORMATION?
Please do not contact the Court or Google for information about the settlement. Please visit the settlement website at www.googleplaydevelopersettlement.com,
or call toll free (844) 423-3488 to obtain more complete information
about the proposed settlement and your rights. You may also write to
class counsel at:
Google Play Developer Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
|
No Comments