MobilityWare Class Action Settlement for Privacy Claims

MobilityWare, LLC has agreed to settle a class action lawsuit for alleged collection of personal information without consent and tracking online behavior to sell to third parties and profile for targeted advertising. This settlement provides benefits in the form of added disclosures, changes to certain business practices, and a cy pres award to the Electronic Frontier Foundation and the Electronic Privacy Information Center.

Am I Included in the Settlement?

If you are a United States citizen who played one or more of the MobilityWare gaming apps listed below on a mobile device at any time between July 17, 2015, and June 11, 2024, you are part of the Settlement Class. The apps include:

• Solitaire
• Tripeaks Solitaire
• Pyramid Solitaire
• FreeCell Solitaire
• Crown Solitaire
• Spider Solitaire
• Spider Go Solitaire
• Castle Solitaire
• Addiction Solitaire
• Mahjong Solitaire
• Yukon Russian Solitaire Game
• Aces Up Solitaire
• Destination Solitaire
• Hearts Card Game
• Puzzle Cats
• Sudoku Simple
• Spades Card Game
• Tropical Treats
• Word Wiz
• Word Warp
• Sunny Shapes
• Word Search
• Tetra Block – Puzzle Game
• Dice Merge Puzzle Master
• Blackjack
• Match & Rescue – Match 3 Game
• Vegas Blvd Slots
• Block Party Bingo
• 52 Card Pick-up
• Excite Bear – Animal Bikers
• Monopoly Solitaire

What Benefits do I Get?

The Settlement provides benefits in the form of added disclosures and changes to certain business practices. Specifically, MobilityWare will update each of its gaming apps to include a permanent, clear, and conspicuous pop-up notification for users in the United States. This notification will inform users about MobilityWare’s privacy policy, the collection of personal information, and the ability to opt out of selling their personal information based on regional privacy laws. It will also ask users to confirm that they are at least 18 years of age.

Additionally, MobilityWare will not collect, share, or sell personal information from new app users in the United States unless they have confirmed that they have read the notification and are at least 18 years of age. These changes are permanent unless prohibited by applicable laws, regulations, or app store standards.

Is Proof Required to Claim the Reward?

No proof is required to claim the reward. Class members will automatically receive the benefits of the Settlement.

How to Claim Your Award

There is no need to submit a claim form. If you are a Class Member, you will automatically receive the benefits of the Settlement. For more information, you can visit the official settlement website or contact the Notice Administrator at RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102, or call the toll-free helpline at 1-866-742-4955.

How Do I Get Paid?

The Settlement does not provide monetary compensation to class members. Instead, it offers benefits in the form of added disclosures and changes to certain business practices, as well as a cy pres award to the Electronic Frontier Foundation and the Electronic Privacy Information Center.

$900,000 Settlement Fund Breakdown

The total settlement is $900,000.

• Cy pres awards
• $50,000 to Electronic Frontier Foundation
• $50,000 to Electronic Privacy Information Center

• $31,400 for attorneys’ costs and expenses
• $29,000 for notice and administration costs
• $7,500 incentive award to Plaintiff Rona Komins
• $732,100 for attorneys fees

The final amount of attorneys’ fees and costs and incentive award will be determined by the Court.

Important Dates

• Deadline to File a Claim: There is no need to file a claim as benefits are automatically provided.
• Final Approval Hearing Date: 09/18/2024

Why is There a Class Action Settlement?

The Plaintiff filed the lawsuit alleging that MobilityWare’s gaming apps collect personal information about the users without consent and track online behavior to sell to third parties and profile for targeted advertising. Defendants deny the allegations and any wrongdoing. Nonetheless, they have agreed to settle this lawsuit to avoid the cost and uncertainty of litigation.

The Court has not decided in favor of either side. The Plaintiff and her attorneys assert that the proposed Settlement is in the best interests of the Class because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing a lawsuit through trial and any appeals. There would be no guarantee of success for either side if the lawsuit were pursued through trial and any appeals.