• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Strata-gee
  • Contact Us
  • Free Newsletter
  • Sponsor Strata-gee
  • Privacy Policy
  • Latest Posts
  • Strategy
  • Technology
  • Products
  • People
  • Statistics
  • Financial
  • Legal
  • Economic Data
  • Shows & Events

Strata-gee.com

Strategy in TECH...

What Savant Can Do
You are here: Home / Law / Mobile Fidelity Settles Class Action Lawsuit over Digital Use in Records Marketed as All-Analog

Mobile Fidelity Settles Class Action Lawsuit over Digital Use in Records Marketed as All-Analog

May 25, 2023 by Ted Leave a Comment

A Mobile Fidelity 'Original Master Recording'

Earlier this month the United States District Court for the Western District of Washington in Seattle issued a preliminary order approving a settlement in the matter of Stephen J. Tuttle, et al. v. Audiophile Music Direct, et al (including Mobile Fidelity Sound Labs). The settlement puts to rest all claims that have risen over the issue of Mobile Fidelity’s marketing of premium vinyl recordings as all-analog when in fact, in many instances the production used Direct Stream Digital as part of the manufacturing process.

See more on the Mobile Fidelity class action settlement

Strata-gee was one of the first to write about the filing of the class action lawsuit against Mobile Fidelity Sound Labs (Mobile Fidelity or MoFi) back in August 2022. I told you about an action filed by Adam Stiles, a customer of Mobile Fidelity who sought to represent a class of similarly positioned individuals who had purchased records on an alleged false basis, due to misleading advertising and product descriptions.

As it turns out, ultimately three different lawsuits, each seeking class action status, had been filed around the country. The first to be filed was the one mentioned above by Stephen Tuttle and Dustin Collman which was filed on August 2, 2022. The Tuttle case is the one ultimately selected to receive class action status and is the one that generated the settlement announced this month.

AudioControl Single Zone Amps

Popular with Audiophiles

You can get the full background from my original article, but in a nutshell, the complainants allege that MoFi was offering records for sale under designations as “Original Master Recording” and “Ultradisc One Step” created from the original master recording with an all analog production. These ostensibly pure-analog recordings are popular with audiophiles who often dislike digital recordings.

Then in July 2022, a record store owner named Mike Esposito revealed that in fact MoFi uses DSD in the production of many of these recordings, never disclosing the digital element in the process. This angered many customers, leading some to head to court.

Class is in Session

Now, with this settlement, the company can put the matter behind them. Relief from MoFi will be offered to this group of aggrieved customers defined as the “Class” (this is from the actual court order) – “The parties’ proposed settlement class (the ‘Class’) is comprised of:”

All original retail consumers in the United States who, from March 19, 2007, through July 27, 2022 purchased, either directly from a Defendant or other retail merchants, new and unused Mobile Fidelity Sound Lab, Inc. (“MoFi”) vinyl recordings which were marketed by Defendants using the series labeling descriptors “Original Master Recording” and/or “Ultradisc One-Step,” that were sourced from original analog master tapes and which utilized a direct stream digital transfer step in the mastering chain, and provided that said purchasers still own said recordings (the “Applicable Records”). Excluded from the Class are persons who obtained subject Applicable Records from other sources.

Tuttle v. Audiophile Music Direct Inc., ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Mike Esposito exposed the truth about Mobile Fidelity
Meet Mike Esposito, the owner of The ‘In’ Groove record store, who set off an audiophile earthquake when he showed Mobile Fidelity was using Direct Stream Digital in the production of supposedly all-analog vinyl recordings

What Mobile Fidelity Will Offer Affected Customers

The company has agreed to offer purchasers of the Applicable Records three options:

AudioControl Single Zone Amps
  • Return for Refund – In this option, purchasers (“Class members”) of “Applicable Records” can return them to the company for a full refund of their original purchase price plus tax and shipping
  • 5% Cash Refund – For those Class members who prefer to keep their recordings, the company will refund 5% of the price they paid for the Applicable Records, plus tax and shipping
  • 10% Credit Coupon – Another option for Class members who wish to retain their recordings, the company will offer them a coupon equal to 10% of the original purchase paid for Applicable Records plus tax and shipping. These coupons can then be applied to new purchases from MoFi’s Music Direct website. Note that coupons expire 180 days after issuance and are not transferrable

Those folks who have purchased multiple Applicable Records get to choose from these three options for each of their individual purchases. Class members must show proof of purchase and proof of ownership of the Applicable Records and multiple coupons can be combined for new purchases.

Also to be Paid by Mobile Fidelity

In addition to the above, the two named plaintiffs in this matter – Stephen J. Tuttle and Dustin Collman – will each be awarded $10,000 to be paid by Mobile Fidelity. Also, the plaintiff’s attorneys in the matter will be awarded attorney’s fees and costs of $290,000 – again to be paid by Mobile Fidelity. Finally, any other costs associated with the administration and processing of claims will additionally be covered by Mobile Fidelity.

A screenshot from a video where Esposito (L) learned from MoFi engineers that they use digital in the production process of supposedly all-analog vinyl records

The total value of this settlement can’t be known until all affected parties come forward to submit claims. There are projected to be about 40,000 potentially affected customers. Estimates place the potential total of this settlement to be somewhere north of $25 million. One analysis in the court filing calculated a theoretical maximum of $33 million in just customer claims, with all of the other items shown above to be added on top of that – although it is unlikely to reach that maximum.

Final Details to be Settled in October

The court has set a date for the final approval of this matter, with several interim deadlines for the many necessary intermediate steps between now and then. The final approval hearing will take place on October 30, 2023.

Learn more about Mobile Fidelity Sound Labs at mofi.com.

Share this post:

  • Tweet
  • Click to share on Reddit (Opens in new window) Reddit
  • More
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Like this:

Like Loading...

Related

Audiophile Hero Mobile Fidelity Hit With Multi-Million Dollar Class Action Lawsuit

Has MoFi Been Pretending? A lawsuit alleging a variety of deceptive practices by Mobile Fidelity Sound Lab, Inc. (Mobile Fidelity or MoFi), a major player in the premium analog vinyl record community, has been filed by premium vinyl record fan Adam Stiles. Stiles is bringing this case on behalf of…

August 24, 2022

In "Law"

Main photo of Bob Ludwig's studio

Dazed and Confused About Hi-Res Audio? Here’s Help…

GUEST POST   Quick: What’s the most misused term in audio next to “subwoofer”? You, yeah, you in the back there – did you say “hi-res”? No more calls, folks, we have a winner!   The Recent Past... Almost lost in the firestorm of publicity about Dolby Atmos, that company’s…

August 6, 2014

In "Associations"

Bob Weissburg

Bob Weissburg Joins Fidelity Imports as Director of Business Development

Well-known industry executive Bob Weissburg has joined Fidelity Imports, distributor of fine high-end audio gear, as its Director of Business Development. With a long career in top management with companies like Sony and D&M, Weissburg is well-respected by the dealer community. See more on this new role for Bob Weissburg…

March 4, 2022

In "People"

Filed Under: Law Tagged With: analog, digital, Mobile Fidelity Sound Lab, MoFi

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Search

Sign-Up for Our FREE Newsletter

loader

Latest Posts

Streaming Surpasses Linear TV in Viewership for the First Time in May

Beginning in 2021, Nielsen - a global leader in audience measurement - began … [Read More...] about Streaming Surpasses Linear TV in Viewership for the First Time in May

  • Housing Starts Slide in May; Hits the Slowest Pace in 5 Years
  • B&W Offers Special 801 Limited Edition Abbey Road Speakers
  • Consumer Sentiment Improves for the First Time in Six Months; ‘Consumers Remain Guarded’

Categories

Sponsors

Crestron Infra-Bass
AudioControl Single Zone Amps
Sonance James Small Aperture
Savant
Oasys Residential Technology Group

Tag Cloud

acquisition Amazon Apple AudioControl B&W Bowers & Wilkins CEDIA CEDIA Expo CES Control4 Core Brands COVID-19 Crestron D&M Holdings Denon Emerald Expositions Foxconn Gibson Brands Gibson Guitar Google Henry Juszkiewicz Hon Hai Precision Industry Co. housing starts Integra Joe Kiani LG Marantz Masimo Nortek OLED Onkyo Panasonic patent infringement Pioneer Samsung Savant Sharp smart home SnapAV Snap One Sonos Sony Sound United SpeakerCraft Toshiba

Footer

Got News?

HEY PR & Marketing Pros: Have NEWS for Strata-gee readers?

Send it to: HotNews@strata-gee.com

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Sponsor Strata-gee

Strata-gee Ads

Archives

Translate

Ted Green Bio

A former dealer, manufacturer, distributor & more. Focusing on business strategy, my goal is to help you make better decisions for greater success.

Follow Ted Green

  • Facebook
  • X
  • LinkedIn
  • Instagram

Copyright © 2025 Strata-gee.com · The Stratecon Group, Inc. All Rights Reserved · Log in

%d