] and a Supplemental Class [January 1, 2013 to March 31, 2015].
The Promo Codes
âCompensation for class members with promotional codes (âpromo codes') allows for limited âfree' use of Gogo's service. The length of free use awarded varies based on which class the member is in and how many months of unused services the member had. For members in the Initial Class the Settlement Agreement creates three tiers: (a) 1 to 4 months of unused Gogo Service- 1 One-Day Pass; (b) 5 to 8 months of unused Gogo Services- 4 One-Day passes; Â© 9 or more months of unused Gogo Service- 6 One-Day Passes. For members in the Supplemental Class, the Settlement Agreement awards each member 1 One-Hour. Each promo cade would be valid for one year from the Final Settlement Date. The codes would be transferable and could be aggregated to permit more than one hour or day of use at a time. The Settlement Agreement provides up to $5,000 to each named plaintiff as a service award. Up to $750,000 as a fee to class counsel is also agreed uponâ.
After discussing coupon settlements which âhave been widely criticized...The principal component of the proposed Settlement Agreement is the provision of promo codes (which) do have the flavor and scent of coupons. As part of the final settlement, the court suggests that the administrator carrying out notice and other execution requirements attempt to set up a market for the promo codes enabling recipients to convert them to a cash equivalent...Although a cash payment would be preferable, a settlement which provides what might be characterized as coupons as a primary benefit is âwithin the range of possible approval'...Specifically, the panties submitted convincing evidence that a significant portion of the class consist of repast consumers who are sophisticated business persons likely to use defendants' service and the promo codes during the next year...The promo codes are likely to provide meaningful compensation...The action has already achieved a social utility. In response to the instant suit, defendants have changed their website to clearly indicate that those plans are automatically renewing and will result in a recurring monthly chargeâ. The proposed incentive and fee awards will be subject to separate hearings after the fairness hearingâ.
Justice Dickerson has been writing about travel law for 39 years including his annually updated law books, Travel Law, Law Journal Press (2016) and Litigating International Torts in U.S. Courts, Thomson Reuters WestLaw (2016), and over 400 legal articles many of which are available at nycourts.gov/courts/9jd/taxcertatd.shtml. Justice Dickerson is also the author of Class Actions: The Law of 50 States, Law Journal Press (2016). For additional travel law news and developments, especially in the member states of the EU, see IFTTA.org.
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Hon. Thomas A. Dickerson
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