Atom Tickets Fee Settlement

1. Why was the Notice issued?

   A Court authorized the notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

   The case is called Marquis III v. Atom Tickets, LLC., Index No. 811720/2024E, pending in the Supreme Court of the State of New York, County of Bronx. The person who sued, Rudolph Marquis III, is called the Plaintiff. The Defendant is Atom Tickets, LLC.

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2. What is a class action?

   In a class action, one or more people called class representatives (in this case, Rudolph Marquis III) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

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3. What is this lawsuit about?

   This lawsuit claims that Defendant failed to timely disclose a Service Fee for electronic tickets to theaters in New York state in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law. The Court has not determined who is right or if Defendant violated the law. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

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4. Why is there a Settlement?

   The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation sooner rather than after the completion of a trial, if at all.

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5. How do I know if I am in the Settlement Class?

   The Court decided that everyone who fits the following description is a member of the Settlement Class:

   All individuals in the United States who paid a Service Fee to purchase electronic tickets to any theater located within New York state from Defendant’s Website, mobile phone application, and/or any other Defendant owned or operated online platform from August 29, 2022 to and through April 30, 2024.

   “Defendant’s Website” means https://www.atomtickets.com/.

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6. What does the Settlement provide?

   Monetary Relief. A Settlement Fund has been created totaling $550,000.00. Payments to Settlement Class Members, the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see Question 12).

   Prospective Relief. Additionally, Defendant acknowledges that it has changed the purchase flow for tickets to New York theaters on its Website and mobile phone application. Plaintiff acknowledges and agrees that the current purchase flow complies with all applicable laws. Defendant agrees to comply with ACAL § 25.07(4) unless and until it is amended, repealed, or otherwise invalidated.

   A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible by clicking here.

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7. How much will my payment be?

   To receive a pro rata share of the Settlement Fund, which will be based on the total amount of Service Fees you paid, you must submit a timely and complete Claim Form no later than June 23, 2025. You may file a Claim Form on this website by clicking here. Your payment will be made by PayPal, Venmo, Zelle, or check, at your election. Claim Forms must be submitted online by 11:59 p.m. EST on June 23, 2025 or postmarked and mailed by June 23, 2025.

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8. When will I get my payment?

   The hearing to consider the fairness of the settlement is scheduled for May 5, 2025. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment 90 calendar days after the judgment becomes Final. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued.

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9. How do I get a payment?

   If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by June 23, 2025. Claim Forms may be found and submitted on this website, or by printing and mailing a paper Claim Form, copies of which are available here.

   Settlement Class Members were sent notice via Email on February 6, 2025. This Notice included a Unique ID and PIN. You must provide proof of your Settlement Class membership when filing a claim by providing the Unique ID and PIN on the notice you received by email. Failure to submit a timely Claim Form by the Claims Deadline will prevent you from receiving a settlement payment from the Settlement Fund.

   We also encourage you to submit your claim on-line. Not only is it easier and more secure, but it is completely free and takes only minutes.

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10. What am I giving up if I stay in the Settlement Class?

    If the Settlement becomes Final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and its affiliates, employees, and representatives as described in Section 1.33 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. The Settlement Agreement is available here.

    The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer at your own expense if you have questions.

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THE LAWYERS REPRESENTING YOU

11. Do I have a lawyer in the case?

    The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to represent the Settlement Class. They are called “Class Counsel.” They believe, after conducting an investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

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12. How will the lawyers be paid?

    Class Counsel’s attorneys’ fees and costs will be paid out of the Settlement Fund in an amount to be determined by the Court. Class Counsel will file a fee petition seeking no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses. The Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

    Subject to approval by the Court, the Class Representative may be paid a service award of $5,000 from the Settlement Fund for his services in helping to bring and resolve this case. The Court may award less than this amount.

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13. How do I get out of the Settlement?

    The deadline to request exclusion from the Settlement was April 7, 2025 and has passed.

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14. If I don’t exclude myself, can I sue the Defendant for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

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15. If I exclude myself, can I get anything from this Settlement?

    No. If you exclude yourself, you will not receive any payment from the Settlement Fund.

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16. How do I object to the Settlement?

    The deadline to object to the Settlement was April 7, 2025 and has passed.

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17. What’s the difference between objecting and excluding myself from the Settlement?

    Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you remain a member of the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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18. When and where will the Court decide whether to approve the Settlement?

    The Final Approval Hearing was held on May 5, 2025, and the Court approved the Settlement on May 7, 2025.

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