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M&R Demands Transparency in $150 Million Class Action Against Spotify

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April 20, 2016

Michelman & Robinson (M&R) client David Lowery has asked the court presiding over his $150 million class action lawsuit against Spotify to ensure proper transparency regarding both Spotify’s and the National Music Publishers Association’s (NMPA’s) communications with potential class members. In a motion filed this week, Mr. Lowery and his Co-Plaintiffs requested “corrective action to prevent misrepresentations to putative class members,” because of concern that Spotify and the NMPA may be misleading songwriters and music publishers to hastily waive their rights by signing on to the recent, secret settlement between Spotify and the NMPA.

In an interview with Billboard, published April 20, 2016, M&R partner Mona Hanna stated that “we are hopeful that this motion will allow for greater transparency with respect to the comments that have been reported and allow the court to evaluate the proposed agreement between NMPA and Spotify so that the putative class can be in a position to determine the reasonable and fairness of the proposed agreement.” Most notably, NMPA members who opt in to the settlement with Spotify will be unfairly required to waive their claims against Spotify (including their right to join the current class action) – despite the fact that publishers and songwriters are already entitled to the royalties as a matter of law, and thus need not waive anything in order to recover what they are owed.

To explore media coverage regarding the latest developments in the class action lawsuit against Spotify, click the links below:

Billboard

Digital Music News