Welcome to the Joya TCPA Settlement website
This website contains information regarding a class action settlement that has been preliminarily approved by the Court, entitled Crossley et al. v. Joya Communications Inc., Case No.16-CH-14771 (Cir Ct. Cook Cnty).
NATURE OF THE SETTLEMENT
A Settlement has been reached in a class action lawsuit against Joya Communications, Inc., creator of the "Marco Polo" and "VideoKik" mobile apps. The suit concerns whether Joya violated a federal law called the Telephone Consumer Protection Act ("TCPA") by allegedly sending unsolicited text messages to promote its mobile apps. Joya denies any wrongdoing and maintains that the text messages do not violate the TCPA. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
THE SETTLEMENT CLASS
You are a member of the "Settlement Class" if you live in the United States and received a text message from Joya regarding the mobile apps "Marco Polo" or "VideoKik." These text messages would have contained a link to one of these websites: www.onmarcopolo.com, www.nowpolo.com, www.videokiks.com, www.onpolo.com, or www.polo-app.com.
You may be entitled to payment under the Settlement if you file a Claim Form stating that you received text messages from Joya. You cannot file a claim now. Because Joya is a start-up, it doesn't have enough money to pay for the Settlement now, but it may later if it is sold or starts making money. Under the Settlement, within four years Joya will create a Settlement Fund containing either (1) $3.75 million, or (2) 12% of the sale price if Joya or its assets are sold, up to $3.75 million. Class Members who submit valid claims will receive cash payments from the Settlement Fund after payment of fees and expenses. If Joya is unable to pay within four years, the Settlement will be void and Class Members will still be able to pursue claims against Joya. Joya also agreed to ensure that any text messages it sends comply with the law and maintain documentation of such compliance for four years.
For more information about the Settlement, please review the Class Notice.