On August 26th, 2017 the worlds of boxing and mixed martial arts collided with a super fight between Floyd Mayweather Jr. and Conor McGregor, the then UFC lightweight champion. The fight, which resulted in a 10th round TKO victory for Mayweather, sold an estimated 4.3 million pay-per-view buys, making it one of the most watched boxing matches in history.
However, some of those millions of fans who bought the pay-per-view weren’t able to see all of what they paid for. As the action was getting underway UFC Fight Pass, one of many services that was selling the PPV, experienced difficulties; much to the chagrin of Bloody Elbow managing editor Anton Tabuena.
The feed disruptions cleared up for most viewers, but many fans were left perturbed at the inconvenience (especially due to the event’s hefty $100 price tag). The fans most annoyed by the situation teamed up with Arizona based litigator Hart Robinovitch on a class-action lawsuit to seek damages from the UFC and their streaming partner NeuLion.
One of the claims in the lawsuit was that the UFC “engaged in deceptive and misleading acts of marketing” by offering the PPV on UFC.TV/Fight Pass. The lawsuit states that the UFC “knew or should have known” that these platforms would not have been able to handle the increase in traffic without causing outages.
This week, via a press release from Zimmerman Reed LLP, it was revealed that Robinovitch’s clients had reached a settlement with the UFC and its partners and that the settlement had been granted preliminary approval by a federal court in Nevada.
The law firm said that settlement notices and claim forms had been sent out to the plaintiffs in the lawsuit so they can begin to apply for their agreed upon refunds. Additional claim forms are provided on the official settlement website www.UFCPPVSettlement.com. Class members have until August 20th, 2018 to file claims for their refunds.
The agreed settlement features a tiered system of refunds based on the level of streaming disruption experienced. The full breakdown for refunds is presented below, via Zimmerman Reed LLP’s press release:
Fans who missed over five minutes of the main bout between Mayweather and McGregor will receive a full refund of $99.99 after filling out a valid claim form. Fans who missed some but less than five minutes of the main bout will receive $50 if they timely submit a claim form. Fans who only missed part of the preliminary bouts but were able to view the main bout in its entirety, will receive $25. The settlement also includes an additional component for fans who incurred out-of-pocket expenses in relation to planned viewing parties (e.g., food and beverages), that provides from one to three months of free access to UFC Fight Pass or a $5.00 cash payment.
This settlement was approved on February 22nd, 2018 by U.S District Court Judge for the District of Nevada, Andrew Gordon who determined that the official claim period could begin on April 9th. Even though the process for getting refunds has started the court still needs to give final approval to the settlement. The court will do this after a comment period and a fairness hearing scheduled for July 20th.
The entire lawsuit — Park, et al. v. Zuffa LLC, d/b/a Ultimate Fighting Championship and UFC, et al., Case No. 2:17-cv-02282-APG-VCF (D. Nev.) — can be viewed here.