Presson v. Alamo Intermediate Holdings, LLC

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 Presson v. Alamo Intermediate II Holdings, LLC, Civil Action No. 1:24-cv-00170-ER. The person who sued is called the Plaintiff. The Defendant is Alamo Intermediate II Holdings, LLC.

In a class action, one or more people called Class Representatives (in this case, James Presson) 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 Settlement Class Members, except for those who exclude themselves from the Settlement Class.

This lawsuit claims Defendant did not properly disclose a convenience fee for electronic tickets to its movie theaters in New York state prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4). Defendant denies it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

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 Settlement Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals in the United States who purchased electronic tickets to any film screening in any of Defendant’s cinemas located in New York state from Defendant’s Website, from August 29, 2022, to and through January 30, 2024, and were charged Convenience Fees.

“Defendant’s Website” means www.drafthouse.com.

Monetary Relief. A Settlement Fund will be created totaling $7,075,000.00. Payments to Settlement Class Members, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund (see FAQ 13).

Prospective Relief. Defendant will agree to maintain the purchase flows for tickets to New York theaters on Defendant’s Website in a manner that, if Convenience Fees will be charged, shall clearly and conspicuously disclose the total cost of the tickets, inclusive of Convenience Fees, prior to the ticket being selected for purchase, unless and until New York Arts and Cultural Affairs Law § 25.07(4) is amended, repealed, or otherwise invalidated.

A detailed description of the settlement benefits can be found in the Settlement Agreement here.

To receive a pro rata share of the Settlement Fund, which will be based on the total amount of convenience fees you paid, you must have submitted a timely and complete Claim Form no later than December 22, 2025. Payment will be by PayPal, Venmo, Zelle, or check, at your election. You can contact Class Counsel at (646) 837-7150 to inquire as to the number of claims and/or requests for exclusion that have been received to date.

Initial payments to qualified class members were mailed via check or emailed on February 10, 2026.

If you are a Settlement Class Member and you want to get a payment, you must have submitted a Claim Form by December 22, 2025.

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 1.33 of the Settlement Agreement. Unless you exclude yourself (see FAQ 14), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. The Settlement Agreement is available through the Documents link on the website.

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 12 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta, Stefan Bogdanovich, and Eleanor R. Grasso 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.

The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000.00 from the Settlement Fund for his services in helping to bring and resolve this case.

The deadline to exclude yourself from the Settlement passed on October 13, 2025.

No. Unless you excluded yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.

No. If you excluded yourself, you will not receive any payment from the Settlement Fund.

The deadline to object to the Settlement passed on October 13, 2025.

Objecting simply means telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold the Final Approval Hearing at 11:00 a.m. on November 5, 2025, Courtroom 619 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. 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 Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. 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 the Settlement Website or calling 877-879-0847. 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.

No. Class Counsel will answer any questions the Court may have. You are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. If you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.

You may speak at the hearing if, on or before October 13, 2025, you filed an objection to the Settlement and a Notice of Intent to Appear.

The Notice summarizes the Settlement. More details are in the Settlement Agreement. You may contact the Settlement Administrator at info@alamoticketfeessettlement.com, or write with questions to Alamo Theaters Ticket Fees Settlement, P.O. Box 4477, Portland, OR 97208-4477. You can call the Settlement Administrator at (877) 879-0847 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.

If you received an e-mail from AlamoTicketFeesSettlement@e.epiqnotice.com or a letter in the mail, these are legitimate. You received the e-mail and/or letter because you submitted a claim to receive payment in the Alamo Theaters Ticket Fees class action settlement. The amount of your settlement award is greater than the Internal Revenue Service’s reporting threshold of $2,000. To issue your payment and avoid the requirement to withhold 24% of your award, you must provide your Social Security number.

You can download a blank copy of the W-9 form from the Documents page. Please do not send your completed W-9 via e-mail or share your TIN over the phone.

Please complete, sign and date the W-9 and send it via U.S. Mail to the following address, postmarked by March 26, 2026:

Alamo Theaters Ticket Fees Settlement Administrator
P.O. Box 4477
Portland, OR 97208-4477

Upon receipt, we will issue your check. This may take up to 8 weeks, so please be patient while we complete the process. You will also receive an IRS Form 1099-MISC in February 2027 reporting the taxable portion of your settlement payment. Please notify us of any address changes so relevant tax forms can be mailed to your address.