Summary:
The Defendant, which provides "premium" mobile content to cell phone customers, is accused of engaging in an unlawful practice of charging such customers for services they have not ordered or authorized. Plaintiff Nikolay Antonov, individually and on behalf of a class of similarly situated individuals, Thumbplay, Inc., a Delaware corporation.
The Plaintiff seeks to assert a class action against the Defendant, a Delaware corporation, for an alleged unlawful practice of charging cellular phone customers for products and services they had not authorized, allowing the Defendant to unlawfully collect money from consumers throughout the country.
The named Plaintiff is a resident of Illinois, and the Defendant is a provider of mobile content to cell phone customers in the U.S.
The services provided by the Defendant include "premium" text message services, such as customized ringtones, sports score reports, weather alerts, stock tips, horoscope services and the like.
The Defendant presents bills for such services to cell phone companies through third-party companies known as aggregators, and the charges are then passed along to cell phone customers by adding them to their monthly cell phone bills.
The Defendant is accused of engaging in a scheme to defraud cell phone customers by passing along false charges for services that cell phone customers have never ordered or authorized.
The named Plaintiff states that he purchased new cell phone service from a wireless carrier in 2007, and on that same day, in exchange for a cellular telephone service plan, he agreed to pay the Defendant a set monthly fee for a period of approximately 12 months.
In 2008, however, the Plaintiff's cell phone account was allegedly charged for unwanted and unauthorized mobile content services.
The Plaintiff has allegedly not received a refund of the unauthorized charges for premium text message charges, ordinary text messages, and data charges.
Class action status is sought on behalf of all similarly situated persons subjected to unauthorized charges by the Defendant.
Claims are asserted for restitution/unjust enrichment, tortuous interference with contract, and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 et seq.
Remedies sought include actual, consequential, and compensatory damages, interest, and an award of attorneys' fees and costs.
Injunctive relief is also sought against the complained for practices.
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