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Players of Premium Charge Games on "Deal Or No Deal" and "American Idol" to Receive Full Refunds in Class Action Settlements Negotiated by Milberg LLP and William A. Pannell, P.C.
Oct 05, 2011 (07:10 PM EDT)


LOS ANGELES, Oct. 5, 2011 /PRNewswire/ -- Two class actions alleging that games offered to viewers of two network television programs were illegal lotteries under California law – “Lucky Case Game” on “Deal or No Deal,” and “American Idol Challenge” on “American Idol” – have been settled by the parties, and the settlements have received the court’s preliminary approval.  The lawsuits are Herbert, et al. v. Endemol USA, Inc., et al., Case No. 2:07-cv-03537-JHN-VBKx, and Couch v. Telescope Inc., et al., Case No. 2:07-cv-03916-JHN-VBKx, pending in the United States District Court for the Central District of California.

The settlements provide that any person who paid premium text message charges to play the games and did not win a prize is a class member and may submit a claim for a full refund of the charges.  Claims can be filed on-line (or through other means) if the settlements receive final court approval.  The Defendants settled without admitting liability.

The Court will hold a Fairness Hearing to decide whether the proposed settlements are fair, reasonable, and adequate, and to consider the application of class counsel for attorneys’ fees and expenses.  The Fairness Hearing is currently scheduled for December 19, 2011 at 2:00 p.m. at the U.S. District Court, Central District of California, Western Division, Courtroom 790, located at 255 East Temple Street, Los Angeles, CA 90012, before Judge Jacqueline H. Nguyen.

If you paid premium text message charges to play the “Lucky Case Game” or the “American Idol Challenge” and did not win a prize, you are a Class Member in one or both of these lawsuits and you have the following legal rights and options.   If the settlements are finally approved following the Fairness Hearing, you may file a claim for payment.  If you wish to object or exclude yourself from the Settlement, you must file an objection or exclusion by no later than November 21, 2011.  You may ask to speak at the Fairness Hearing about the fairness of either settlement by filing a “Notice of Intent to Appear” by no later than November 21, 2011.

Please note that text message votes for “American Idol” contestants are not covered by the “American Idol Challenge” settlement.  You are only a Class Member in that settlement if you paid a premium text message charge to play the “American Idol Challenge” and did not win a prize.

Lead class counsel are Milberg LLP and William A. Pannell, P.C.

This Notice only summarizes the proposed settlements.  More details are in the Settlement Agreement.  Copies of the Settlement Agreement and the pleadings and other documents relating to the cases are on file at the United States District Court for the Central District of California, Western Division, and may be examined and copied at any time during regular office hours at the Office of the Clerk, 255 East Temple Street, Los Angeles, CA 90012.  Full information can be found at www.LuckyCaseGameSettlement.com and www.AmericanIdolChallengeSettlement.com.

SOURCE Milberg LLP and William A. Pannell, P.C.