# Whatever happened to that CD price gouging lawsuit? **URL:** \ **Category:** Factual Questions\ **Created:** [May 21, 2003, 3:40am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492 "2003-05-21T03:40:54Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Kang\_and\_Kodos](https://avatars.discourse-cdn.com/v4/letter/k/8baadc/32.png) [@Kang\_and\_Kodos](https://boards.straightdope.com/u/Kang_and_Kodos)\ **Post date:** [May 21, 2003, 3:40am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/1 "2003-05-21T03:40:54Z")
I still ain’t seen no money. And I applied, dammit. It was supposed to be 20 bucks or such. ---
**Author:** ![robby](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robby/32/11048_2.png) [@robby](https://boards.straightdope.com/u/robby)\ **Post date:** [May 21, 2003, 4:51am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/2 "2003-05-21T04:51:00Z")
Right! Where’s my cash? The rest of you better not have signed up! 😃 ---
**Author:** ![RawkStah](https://avatars.discourse-cdn.com/v4/letter/r/46a35a/32.png) [@RawkStah](https://boards.straightdope.com/u/RawkStah)\ **Post date:** [May 21, 2003, 5:12am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/3 "2003-05-21T05:12:07Z")
Actually, I hope that all y’all signed up. The rest of us getting cash depended on how many people signed up for it. Less than a particular number, and the money was just going to be put in a trust fund, IIRC. ---
**Author:** ![gotpasswords](https://avatars.discourse-cdn.com/v4/letter/g/c57346/32.png) [@gotpasswords](https://boards.straightdope.com/u/gotpasswords)\ **Post date:** [May 21, 2003, 5:28am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/4 "2003-05-21T05:28:06Z")
I forget the exact amount, but we’re (those of us that applied to be members of the settlement class) are getting something like $10.26 each. Woohoo! Let’s not spend it all in one place, and certainly not at Tower/Virgin/Wherehouse. 😛 The final hearing to approve everything is [Thursday](http://www.musiccdsettlement.com/english/default.htm) RawkStah - the amount is inversely dependent on how many people signed up. The more claimants, the less money per person. The total amount of cash is $64.3 million. > [@](#): > > The number of claims filed will determine the actual amount of the individual refund but will not exceed $20.00 per claimant. If the number of claims filed would result in refunds of less than $5.00 per claimant, there will be no cash distribution to individual consumers. Rather, the cash portion of the Settlement shall be distributed to not-for-profit, charitable, governmental or public entities to be used for music-related purposes or programs for the benefit of consumers who purchased Music Products. ---
**Author:** ![Yuki](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@Yuki](https://boards.straightdope.com/u/Yuki)\ **Post date:** [May 21, 2003, 5:29am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/5 "2003-05-21T05:29:21Z")
If I remember correctly, it said that each person was not going to get more than $5. The more people that signed up (over the minimum needed), the less money each person would get. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [May 21, 2003, 5:34am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/6 "2003-05-21T05:34:47Z")
The question, then, is this: how many people signed up? ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [May 21, 2003, 9:49am UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/7 "2003-05-21T09:49:02Z")
> [@](#): > > \*Originally posted by Yuki \* > \*\*If I remember correctly, it said that each person was not going to get more than $5. The more people that signed up (over the minimum needed), the less money each person would get. \*\* No; it was no one would get less than $5. At the point too many sign up such that the per-person payment would be under $5, the money wouldn’t be dispersed to individuals. ---
**Author:** ![Rex\_Fenestrarum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rex_fenestrarum/32/7265_2.png) [@Rex\_Fenestrarum](https://boards.straightdope.com/u/Rex_Fenestrarum)\ **Post date:** [May 21, 2003, 12:19pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/8 "2003-05-21T12:19:37Z")
> [@](#): > > At the point too many sign up such that the per-person payment would be under $5, the money wouldn’t be dispersed to individuals. That’s right. Because they really don’t wanna print and process 8 gazillion $1 checks. I want my moniez! ---
**Author:** ![paulberserker](https://avatars.discourse-cdn.com/v4/letter/p/c4cdca/32.png) [@paulberserker](https://boards.straightdope.com/u/paulberserker)\ **Post date:** [May 21, 2003, 12:22pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/9 "2003-05-21T12:22:53Z")
perhaps we should file for something like this in the UK. i bought cds and records between 95 and 2000, rather than just downloading them off kazaa like i do now any ideas on who to shout at? ---
**Author:** ![mouthbreather](https://avatars.discourse-cdn.com/v4/letter/m/a698b9/32.png) [@mouthbreather](https://boards.straightdope.com/u/mouthbreather)\ **Post date:** [May 21, 2003, 12:43pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/10 "2003-05-21T12:43:48Z")
> [@](#): > > \*Originally posted by Marley23 \* > \*\*The question, then, is this: how many people signed up? \*\* If **gotpasswords** has correct numbers, then it’s somewhere in the neighborhood of 6.3 million. ---
**Author:** ![Casey1505](https://avatars.discourse-cdn.com/v4/letter/c/dc4da7/32.png) [@Casey1505](https://boards.straightdope.com/u/Casey1505)\ **Post date:** [May 21, 2003, 12:53pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/11 "2003-05-21T12:53:38Z")
From **gotpasswords’** link: > [@](#): > > If the Court approves the settlements along with the payment of claims, _and there are no appeals_, it is anticipated that reimbursement checks will be mailed in mid-summer 2003. Italics mine If there are no appeals? I doubt that the “Retailer Defendants” are just going to roll over and start issuing checks. This will likely be tied up in court for quite a while. Looks like I will have to delay retirement until after the checks finally get issued.☹ ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [May 21, 2003, 1:13pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/12 "2003-05-21T13:13:54Z")
> [@](#): > > If there are no appeals? I doubt that the “Retailer Defendants” are just going to roll over and start issuing checks. This will likely be tied up in court for quite a while. Since this was a settlement between the parties as opposed to a jury verdict or court ordered payment, it’s unlikely that either party will appeal. ---
**Author:** ![Andy](https://avatars.discourse-cdn.com/v4/letter/a/aeb1de/32.png) [@Andy](https://boards.straightdope.com/u/Andy)\ **Post date:** [May 21, 2003, 1:29pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/13 "2003-05-21T13:29:13Z")
**paulberserker** , be very careful what you say about (presumably) flagrant violation of copyright… The mods do not like it. ---
**Author:** ![Casey1505](https://avatars.discourse-cdn.com/v4/letter/c/dc4da7/32.png) [@Casey1505](https://boards.straightdope.com/u/Casey1505)\ **Post date:** [May 21, 2003, 1:30pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/14 "2003-05-21T13:30:13Z")
I was under the impression that the record companied can still argue that the settlement is unfair or unreasonable, if only in an attempt to delay payments. I figured they’d use whatever options they had to not pay out, until they were finally ordered to do so. ---
**Author:** ![drhess](https://avatars.discourse-cdn.com/v4/letter/d/94ad74/32.png) [@drhess](https://boards.straightdope.com/u/drhess)\ **Post date:** [May 21, 2003, 2:11pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/15 "2003-05-21T14:11:23Z")
So, how much are the lawyers getting? And what was the charge? Collusion (sp?) on setting prices? ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [May 21, 2003, 2:29pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/16 "2003-05-21T14:29:53Z")
> [@](#): > > \*Originally posted by Casey1505 \* > **I doubt that the “Retailer Defendants” are just going to roll over and start issuing checks.** The retailers agreed to the settlement and the fixed amount thereof – they’re not the ones who would appeal. Any appeals would probably be filed by members of the class other than the named plaintiffs who think that the arrangement will result in too small a payout to them and that the plaintiffs’ lawyers, who are supposed to represent the interests of the whole class, are not properly representing absent class members’ interests. –Cliffy ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [May 21, 2003, 2:33pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/17 "2003-05-21T14:33:02Z")
There is room to delay paying claims. The notice on the [first page](http://www.musiccdsettlement.com/english/default.htm) tells us that they are determining whether claims are valid. This usually provides wiggle room to delay payment. I see that the court will have a Fairness Hearing on May 22nd to “consider the fairness, reasonableness and adequacy of the proposed Settlement and other matters.” The judge’s ruling based on that hearing probably can be appealed. Then there is the Q&A section: > [@](#): > > 1. What will happen if the Settlement is not approved by the Court? > If the Settlement is not approved, there will be no awards for claimants, the release under the Settlement will not apply, and you will be in the same position you were in prior to the proposed Settlement. **drhess** , you can read the plaintiffs’ third amended complaint in the “Other Settlement Documents” section of the webpage. That should let you know the alleged bad conduct. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [May 21, 2003, 6:47pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/18 "2003-05-21T18:47:13Z")
Yes, **Robb** there is room for delay in the paying of claims – but the retailers aren’t going to be making a big deal of this. Remember that they’ve already agreed to a fixed settlement amount. If they spend a lot of time and money discovering that a certain claim isn’t valid, then he gets kicked out and the other 6 million of us split his ten bucks. The defendants don’t end up getting out of any obligation. That’s why they have no incentive to hold up the process. Once again, the fairness hearing and any further appeals from it are primarily to protect the rights of class members (other than the named plaintiffs( who think that the defendants are getting off too easy. It’s not meant to protect the defendants; they want the hearing to get resolved as quickly as possible so they can pay out the six million they’ve already agreed to and be done with the lawsuit. –Cliffy ---
**Author:** ![Robb](https://avatars.discourse-cdn.com/v4/letter/r/a183cd/32.png) [@Robb](https://boards.straightdope.com/u/Robb)\ **Post date:** [May 21, 2003, 7:00pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/19 "2003-05-21T19:00:19Z")
> [@](#): > > That’s why they have no incentive to hold up the process. I agree with you that the defendants have no incentive to throw out the settlement, but they do have an incentive to delay paying money. In my experience, defendants like to keep their money for as long as possible. I doubt that they are looking forward to the day that they put $67,375,000 in checks in the mail. ---
**Author:** ![KGS](https://avatars.discourse-cdn.com/v4/letter/k/90ced4/32.png) [@KGS](https://boards.straightdope.com/u/KGS)\ **Post date:** [May 21, 2003, 11:02pm UTC](https://boards.straightdope.com/t/whatever-happened-to-that-cd-price-gouging-lawsuit/176492/20 "2003-05-21T23:02:47Z")
I don’t know about the rest of you, but I’m gonna frame my check if/when it arrives. One thing I don’t get…CD prices are just as high as ever. What’s up with that? Or was that part of the deal?