Thumbplay Statement Regarding Litigious Claims:

The lawsuit is utterly meritless. We have retained experienced, nationally-recognized counsel and intend to vigorously oppose these claims.

As a leading member of the Mobile Marketing Association, Thumbplay strictly adheres to the Mobile Marketing Association's Consumer Best Practices Guidelines, and we have also been active in developing and leading best practices for mobile advertising.

Thumbplay has been recognized as a model of best practices in the mobile commerce marketplace (m-commerce). In fact, on May 6, 2008, Florida's Assistant Attorney General, William Haselden, praised Thumbplay at the Federal Trade Commission's two-day Town Hall meeting titled Beyond Voice: Mapping the Mobile Marketplace, which explored the m-commerce marketplace and its implications for consumer protection policy. He specifically cited Thumbplay's ads for being compliant "in every way."