Frequently Asked Questions
- Why was a notice issued?
- What is a class action?
- What is this lawsuit about?
- Why is there a settlement?
- How do I know if I am in the Settlement Class?
- What does the Settlement provide?
- How much will my cash payment be?
- When will I receive compensation?
- How do I receive compensation?
- What am I giving up if I stay in the Class?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I get out of the Settlement?
- If I don’t exclude myself, can I sue the Defendant for the same thing later?
- How do I object to the Settlement?
- What’s the difference between objecting and excluding myself from the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- Where do I get more information?
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Why was a 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 Awad v. AMC Entertainment Holdings, Inc., Index No. 607322/2024, pending in the Supreme Court of the State of New York, County of Nassau. The people who sued are called the Plaintiffs. The Defendant is AMC Entertainment Holdings, Inc.
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What is a class action?
In a class action, one or more people called class representatives (in this case, Clair Awad and Vivian Picciotti) 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 class.
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What is this lawsuit about?
This lawsuit claims that Defendant failed to timely disclose a convenience fee for online tickets to its movie theaters in New York state, in alleged violation of ACAL § 25.07(4). The Defendant denies it violated any law. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.
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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 Class Members will get compensation sooner rather than, if at all, after the completion of a trial.
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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 convenience fee to purchase a movie ticket and/or any other goods or services at any of Defendant’s theatres located in New York state from Defendant’s website, mobile application, or any other online platform owned or operated on behalf of AMC from
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What does the Settlement provide?
Compensatory Relief. Settlement Class Members may either (1) do nothing and receive a link that allows them to register to enroll in a free one-year membership to an elevated tier of AMC’s customer loyalty program called AMC Stubs Premiere™, which usually costs $15.00+tax and provides for one year (i) unlimited waived convenience fees with every online movie ticket purchase; (ii) priority lanes for concessions and box office; (iii) a free large popcorn and fountain drink during the Settlement Class Member’s birthday month; (iv) discounted theatre tickets every Tuesday; (v) unlimited free large popcorn refills; (vi) free Wi-Fi; (vii) unlimited free size upgrades on popcorn and fountain drinks; (viii) 100 points per $1.00 spent with a $5.00 reward for every 5,000 points accumulated and no expiration for points accumulated to be used towards the purchase of movie tickets and/or eligible food and beverage items; and (ix) and other benefits, a full list of which can be found here; or (2) submit a valid Claim Form by November 8, 2024 to receive a cash payment of $7.00.
If you already have an AMC Stubs Premiere™ membership, you can elect to receive 12 additional months added to your account for free. If you are enrolled in a higher AMC Stubs loyalty program, you can elect to receive a free year of Premiere membership to commence when your current membership expires.
Defendant has also agreed to pay all approved claims to the Settlement Class, together with notice and administrative expenses, approved attorneys’ fees and costs to Class Counsel, and Service Awards to the Class Representatives.
Prospective Relief. Additionally, as part of the Settlement, Defendant acknowledges that it has changed the purchase flow for tickets to New York theaters on its website and agrees to continue to comply with the ACAL § 25.07(4) going forward.
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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How much will my cash payment be?
You must have submitted a Claim Form Form by November 8, 2024 to receive a cash payment. If you submitted a valid Claim Form, you will receive a $7.00 cash payment..
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When will I receive compensation?
The hearing to consider the fairness of the Settlement is scheduled for November 21, 2024. If the Court approves the Settlement, you will receive an email with instructions for how to claim your enrollment in a free one-year membership to AMC Stubs Premiere™, or your $7.00 cash payment if you submitted a valid claim, 60 days after the Settlement has been finally approved and/or after any appeals process is complete. If you elected a cash payment, your payment will be made in the form you elected (PayPal, Venmo, Zelle, or check), and all checks will expire and become void 180 days after they are issued.
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How do I receive compensation?
Settlement Class Members may do nothing and receive a link that allows them to enroll in a free one-year membership to an elevated tier of AMC’s customer loyalty program called AMC Stubs Premiere™, which usually costs $15.00+tax and provides for one year (i) unlimited waived convenience fees with every online movie ticket purchase; (ii) priority lanes for concessions and box office; (iii) a free large popcorn and fountain drink during the Settlement Class Member’s birthday month; (iv) discounted theatre tickets every Tuesday; (v) unlimited free large popcorn refills; (vi) free Wi-Fi; (vii) unlimited free size upgrades on popcorn and fountain drinks; (viii) 100 points per $1.00 spent with a $5.00 reward for every 5,000 points accumulated and no expiration for points accumulated to be used towards the purchase of movie tickets and/or eligible food and beverage items; and (ix) and other benefits, a full list of which can be found here.
The deadline to submit a Claim Form for a cash payment of $7.00 passed on November 8, 2024.
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What am I giving up if I stay in the 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 certain of its affiliates, employees, and representatives as described in Section 1.26 of the Settlement Agreement. Unless you exclude yourself, you are “releasing” the claims, regardless of whether you claim your settlement benefit 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 FAQ 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.
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Do I have a lawyer in the case?
The Court has appointed Philip L. Fraietta and Stefan Bogdanovich of Bursor & Fisher, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive 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 expense.
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How will the lawyers be paid?
Class Counsel’s attorneys’ fees, costs, and expenses will be paid separately by Defendant and awarded by the Court. Class Counsel is entitled to seek no more than $2,000,000.00, but the Court may award less than this amount.
As approved by the Court, the Class Representatives will separately be paid a Service Award by Defendant for helping to bring and settle the case. The Class Representatives may seek up to $5,000.00 each as a Service Award, but the Court may award less than this amount.
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How do I get out of the Settlement?
The deadline to exclude yourself from the Settlement passed on November 8, 2024.
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If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you submitted a request for exclusion on or before November 8, 2024, you give up any right to sue the Defendant for the claims being resolved by this Settlement
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How do I object to the Settlement?
The deadline to object to the Settlement passed on November 8, 2024.
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What’s the difference between objecting and excluding myself from the Settlement?
Objecting simply means telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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When and where will the Court decide whether to approve the Settlement?
The Court will hold the Final Approval Hearing at 10:00am on November 21, 2024, in Part 25 at the Supreme Court of the State of New York, County of Nassau, 100 Supreme Court Drive, Mineola, New York 11501. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for Service Awards to the Class Representatives. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by visiting this website or calling (877) 916-1370. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
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Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you sent an objection or comment, you do not have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not required.
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May I speak at the hearing?
You may speak at the hearing if, on or before November 8, 2024, you filed an objection to the Settlement and a Notice of Intent to Appear.
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Where do I get more information?
This website and the Notice summarize the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may contact the Settlement Administrator at info@amcticketfeesettlement.com, or write with questions to AMC Ticket Fee Settlement, P.O. Box 2693, Portland, OR 97208-2693. You can call the Settlement Administrator at (877) 916-1370 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on the case website.
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