Tuttle V Audiophile Music Direct – Class Action Settlement
Well the wheels of justice continue to grind slowly forward. Today I received my notice of the Class Action Settlement for the Stephen J. Tuttle, Et Al, V. Audiophile Music Direct, Inc., Et Al case No.: 2:22-CV-01081-JLR (the “Case”).
See below for an image of the front page of the five page settlement document.
This offer of a settlement has been agreed between the two parties and will be presented to the Western District Court of Washington, Seattle on October 30th in order to determine its fairness and approve it.
This settlement covers “Original Master Recordings” and/or “Ultradisc One-Step” vinyl purchased between March 9th 2007 and July 27th 2022. A PDF list of applicable records can be found here and the pricing here. Or you can go to www.audiophilesettlement.com.
In brief the settlement is offering:
- A full “cash” refund of the original MSRLP plus tax and shipping if the records are returned undamaged with all their original packaging and having normal wear and tear.
- A “cash” refund of 5% of the original MSRLP and you get to keep your vinyl.
- A coupon to the value of 10% of the original MSRLP to be redeemed only at the Music Direct store and you get to keep your vinyl.
Options 2 and 3 require significant paperwork and images to prove current ownership of the vinyl, its packaging, together with images of its sleeve catalog number plus legible images of the invoices, sales and/or credit card receipts.
Lets look at the effects of these options on YOU:
- Yes, you get all your money back, but you loose what are outstanding pressings and mastering of what may become very precious vinyl music albums of your favourite artists. So what is the REAL benefit to you? There are no alternatives other than to buy the original mass produced poor sounding vinyl albums or do without.
- Lets say you had purchased ten Ultradisc albums at $125.00 each. Yes, you will get back $62.50, not enough to buy yet another and you have to go through the time consuming process of documenting your albums for submission. Is your time not worth more than $62.50, or do you really need that money?
- Again, lets say you had purchased ten Ultradisc albums at $125.00 each. Now you will get a coupon valued at $125.00, just enough to buy yet another Ultradisc. Yet again you have to go through the time consuming process of documenting your albums for submission. Yes, maybe it’s worth it to you, it all depends upon your mind set and budget.
In my case I only have 7 applicable albums that I could claim for. They all sound terrific, I am very happy with them and MY time is far more valuable than a “handful of dollars” as either “cash” or credit.
Now I shall play Devils Advocate! Just how many of you actually knew BEFORE this all started that your recordings SOUNDED as if they had been digitally processed? ACTUALLY NONE of you and that includes ALL the so called Golden Eared reviewers with their mega value audiophile review systems!
Yes, I know what Mobile Fidelity did; by either deliberately or by error of omission not disclosing that “Original Master Recordings” and “Ultradisc One-Step” albums were first digitized and claiming in their advertising literature that it was an ALL ANALOG mastering chain. It was legally and morally wrong. However, NOBODY complained about ANY loss of quality of their vinyl pressings or a “digital” sound and that includes me.
So now you all have to make a choice. For me, I am happy enough that MoFi has now provided all the correct mastering information and been pulled to task. I do not need to make even more attorneys wealthy or, god forbid, help put Mobile Fidelity out of the vinyl business!!!
With todays state-of-the-art mastering ADC’s, DAC’s, filtering and amplifiers, maybe it now comes down to the mastering, cutting, vinyl compound & pressing processes and your SACD player or vinyl replay system, rather than the source being analog or digital.
I will continue my patronage of MoFi who undoubtably produce some of the finest mastered and pressed vinyl in the world.
Your milage and album count maybe more than mine. What will you do?
For further information visit www.audiophilesettlement.com.
The claim form PDF is available here – Claim_Form.
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