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2011年04月28日
2010年08月19日
三井ダイレクト
Markは三井ダイレクトに2005年から自動車保険をインターネット経由で
かけていた。
昔はオペルのベクトラワゴンに乗っていたが、今年の6月初旬に
自動車保険が切れるので、保険の更新はせず、その更新が切れる前に
三菱のアウトランダーを購入し自動車保険をインターネットで行った。
インターネット上では、前の車の等級が新しくかけた車に継承されると
いった説明はなく、低い等級からスタートとなり、保険料はそれなりに
高かった。
暫くしてオペルの保険を継続していないことより、三井ダイレクトから電話
があり、保険を継続しないことを説明すると、昔の等級が引き継げるので、
という話があり、2つのオプションの説明がなされた。
そのうち、オペルの廃車を行うまで一番安い保険をかけて、廃車後にその
等級をアウトランダーに引継がせれば、保険料も安くなるとのことだった。
実際に、廃車が完了し、電話をしてみると、三井ダイレクトの保険を
途中で解約すると、日割り計算でなくそれ以上に減額されるので、
出来上がりは、高い保険料+2万円くらいであった。
Markはオペレーターにながせさんに文句を言った。そんなのは
おかしいのではないのか？ 等級が高くなって保険料が安くなったと
言っても結果として高い保険料+2万円になっているではないか？
インターネット上に事前にそのようなことが説明されておれば、最初から
等級の移管も行え、もっと安い保険がかけれていたにも関わらず、
高い保険料をかけさせられた上に、プラス2万円も支払うことになった。
ながせさんにせめて高い保険料で納得するので、プラス2万円を補填して
くれないかとお願いしたが、上司とも相談の後、社内ではそのような規程
がなく補填できないとの事で、それがFINAL ANSWERかどうか確認したが、
補填はしないとの強い返事が返ってきた。
三井ダイレクトのHPで十分な説明がしてあったのかと問いただしたが、
十分な説明はないことを認めたが、以後HPをわかりやすくするという
ような返事であった。
このようにHPで内容が十分説明されていないことで、車を買い替えた場合に
等級が落ちてしまった人や、今回のような会社の手続き上の理由を
もって実質出費が増えてしまったような人は集まって、集団訴訟又は
消費者庁に訴えませんか？
2万円の損害を受けた人が1万人集まれば、2億円の損害賠償となりますので、力を結集しましょう。
一人ひとりの力は小さいものの、纏まればそれなりに大きな力に
なると思いますので、同士を募集しています。
連絡先：Mark Inaoka
inaoka-m@nifty.com
かけていた。
昔はオペルのベクトラワゴンに乗っていたが、今年の6月初旬に
自動車保険が切れるので、保険の更新はせず、その更新が切れる前に
三菱のアウトランダーを購入し自動車保険をインターネットで行った。
インターネット上では、前の車の等級が新しくかけた車に継承されると
いった説明はなく、低い等級からスタートとなり、保険料はそれなりに
高かった。
暫くしてオペルの保険を継続していないことより、三井ダイレクトから電話
があり、保険を継続しないことを説明すると、昔の等級が引き継げるので、
という話があり、2つのオプションの説明がなされた。
そのうち、オペルの廃車を行うまで一番安い保険をかけて、廃車後にその
等級をアウトランダーに引継がせれば、保険料も安くなるとのことだった。
実際に、廃車が完了し、電話をしてみると、三井ダイレクトの保険を
途中で解約すると、日割り計算でなくそれ以上に減額されるので、
出来上がりは、高い保険料+2万円くらいであった。
Markはオペレーターにながせさんに文句を言った。そんなのは
おかしいのではないのか？ 等級が高くなって保険料が安くなったと
言っても結果として高い保険料+2万円になっているではないか？
インターネット上に事前にそのようなことが説明されておれば、最初から
等級の移管も行え、もっと安い保険がかけれていたにも関わらず、
高い保険料をかけさせられた上に、プラス2万円も支払うことになった。
ながせさんにせめて高い保険料で納得するので、プラス2万円を補填して
くれないかとお願いしたが、上司とも相談の後、社内ではそのような規程
がなく補填できないとの事で、それがFINAL ANSWERかどうか確認したが、
補填はしないとの強い返事が返ってきた。
三井ダイレクトのHPで十分な説明がしてあったのかと問いただしたが、
十分な説明はないことを認めたが、以後HPをわかりやすくするという
ような返事であった。
このようにHPで内容が十分説明されていないことで、車を買い替えた場合に
等級が落ちてしまった人や、今回のような会社の手続き上の理由を
もって実質出費が増えてしまったような人は集まって、集団訴訟又は
消費者庁に訴えませんか？
2万円の損害を受けた人が1万人集まれば、2億円の損害賠償となりますので、力を結集しましょう。
一人ひとりの力は小さいものの、纏まればそれなりに大きな力に
なると思いますので、同士を募集しています。
連絡先：Mark Inaoka
inaoka-m@nifty.com
2009年09月27日
OFFICIAL NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
If You Are Currently an AOL Member Your Rights May Be Affected by a Proposed Class Action Settlement.
• The Proposed Settlement is on behalf of all current AOL Members. It resolves claims regarding advertising or promotional “footers” that may have been appended to the bottom of your e-mails by AOL.
• The Proposed Settlement provides that all current AOL Members will immediately be provided notice of the footers and their ability to discontinue the footers via AOL Keyword: Footer and http://footer.aol.com, and that, if AOL continues to append footers to its Members’ e-mails, such notice will be provided both to all new customers upon their registration of an AOL account and to all current AOL Members on a regular, periodic basis (every six months for two years)
• The Proposed Settlement provides that AOL shall make donations to several different charities totaling $103,000.
• If you do nothing and this Proposed Settlement is approved by the Court you will be part of the Settlement Class and bound by the terms of the Settlement.
• The Court still has to decide whether to approve the Proposed Settlement. Settlement Class Members will receive the benefits of the Settlement after the Court approves the Settlement.
PLEASE DO NOT CALL OR WRITE DIRECTLY TO THE COURT.
YOUR LEGAL RIGHTS ARE AFFECTED WHETHER OR NOT YOU ACT.
PLEASE READ THIS NOTICE CAREFULLY.
YOUR RIGHTS AND CHOICES:
You May
Due Date
1. Do Nothing
(see questions #7 and 15) This space intentionally left blank
or
2. Exclude Yourself
(see questions #11 – 13) Postmarked by
November 20, 2009
or
3. Object to the Settlement
(see question #14) Filed and Received by
December 7, 2009
or
4. Appear in the Lawsuit
(see question #14) Filed and Received by
December 7, 2009
1. WHO SHOULD READ THIS NOTICE?
If you are presently an AOL customer you should read this notice. Your legal rights are affected by the proposed Settlement of a class action lawsuit, Fairchild et al v. AOL, Case No. CV09-03568 CAS (PLAx), which is pending in the United States District Court for the Central District of California. This Notice explains:
What this Lawsuit is about;
Who is included in the Settlement;
How the Settlement will benefit you;
How to get the benefits of the Settlement; and
What your legal rights are.
If you have any questions regarding this Notice, please send an e-mail to footerlitigation@corp.aol.com, which will be shared with Settlement Class Counsel. If you send an e-mail, please be sure to include the name of the lawsuit (Fairchild v. AOL) in the Subject Line. However, please read the entire Notice before writing. A copy of this Notice is also available online at http://legal.web.aol.com/Footersettlement.pdf.
PLEASE DO NOT CALL OR WRITE DIRECTLY TO
THE COURT OR THE CLERK’S OFFICE.
2. WHAT IS THIS LAWSUIT ABOUT?
This Lawsuit was brought by Plaintiffs Dawn Fairchild, Robert Nachshin, Brian Geers and Larry Gerrard against Defendant AOL LLC. Plaintiffs allege that (1) the failure to inform them that AOL would insert e-mail footers in their sent e-mails and (2) the insertion of such footers, violate the law.
AOL denies Plaintiffs’ allegations and maintains that it acted in accordance with all laws and regulations.
3. WHO REPRESENTS ME IN THIS CASE?
The Court has appointed the following attorneys in the Fairchild Action to act as Settlement Class Counsel:
Glenn Nunes
The Nunes Law Group
101 California St. Suite 2450
San Francisco, CA
(415) 946-8894
Christopher J. Hamner
Hamner Law Offices
15760 Ventura Blvd Ste 860
Encino, CA 91436
(818) 386-0444
Brian Kabateck, Esq.
Richard Kellner, Esq.
Kabateck Brown Kellner LLP
644 South Figueroa Street
Los Angeles, CA 90017
(213) 217-5000
4. WHY IS THERE A SETTLEMENT?
The Court has not decided who is right or wrong in this lawsuit. Instead, the Settlement Class Representatives and AOL agreed to a Settlement, which was preliminarily approved by the Court on August 25, 2009. As a result of the Settlement, all parties avoid the costs of further litigation and risks of a trial and Settlement Class members may obtain the benefits of the Settlement.
The Settlement Class Representatives believe that the case has merit and that the evidence supports their claims. The Settlement Class representatives determined that the proposed settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. The Settlement will permit Plaintiffs and the Settlement Class Members to receive full and complete disclosure of AOL’s practice of appending e-mail footers and the ability simply and easily to discontinue these footers, without the time, risk and expense of litigation. AOL has also agreed to contribute significant sums to 7 charities as part of this settlement.
AOL does not believe that Plaintiffs’ claims have factual or legal merit. However, AOL desires to avoid unnecessary litigation costs while also ensuring that it has taken adequate steps to ensure that consumers are fully aware of the footers and their ability to discontinue them.
In an effort to resolve this matter, the parties engaged The Hon. Dickran Tevrezian,(Ret.) U.S. District Judge for the Central District of California, to mediate a resolution. The parties were thereby able to negotiate a settlement.
5. HOW DO I KNOW IF I AM PART OF THE SETTLEMENT?
If you are a current AOL member and are not an employee of AOL, their counsel, or an immediate family member of an employee or their counsel you are in the class and are part of this settlement.
6. WHAT DOES THE SETTLEMENT PROVIDE AND HOW WILL I RECEIVE THE BENEFITS?
The Settlement provides that all current AOL Members will be provided e-mail notice of the footers and their ability to discontinue the footers via AOL Keyword: Footer and http://footer.aol.com, and that, if AOL continues to append footers to its Members’ e-mails, such notice will be provided both to all new customers upon their registration of an AOL account and to all current AOL Members on a regular, periodic basis (every six months for two years).
7. HOW CAN I GET THE BENEFITS OF THE SETTLEMENT?
To obtain the benefits of this Settlement all you need to do is not opt-out of this Settlement.
8. WHEN WILL I GET THE BENEFITS OF THIS SETTLEMENT?
If the Court approves the Settlement, AOL will send you the notice explaining how to discontinue the footers within 30 days of approval.
9. AM I GIVING ANYTHING UP IN EXCHANGE FOR THE BENEFITS OF THE SETTLEMENT?
Yes. If the Court approves the Settlement, it will enter a judgment dismissing the lawsuit with prejudice as to all Settlement Class Members and releasing all claims they may have against AOL regarding advertising or promotional “footers” that may have been appended to the bottom of their e-mails by AOL. In other words, by remaining in the Settlement Class, all of the Court’s Orders will apply to you and you will thereby release all claims that you may have regarding advertising or promotional “footers” that may have been appended to the bottom of your e-mails by AOL, thereby barring you from bringing your own lawsuit based on such claims.
10. IF I CURRENTLY USE AOL, WILL THIS SETTLEMENT CANCEL OR INTERRUPT MY SUBSCRIPTION?
No. Neither the settlement nor this lawsuit affects your ongoing online service. If you have any questions about your existing subscription, please contact AOL Member Services.
11. CAN I GET OUT OF THE SETTLEMENT AND THE SETTLEMENT CLASS?
Yes. You may request to be excluded from the Settlement and the Settlement Class. If you exclude yourself, you will not receive any of the benefits of the Settlement. You will still have the right to bring your own lawsuit. The deadline to exclude yourself is November 20, 2009.
12. HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
To exclude yourself, you must, no later than November 20, 2009, send an e-mail to settlementoptout@corp.aol.com requesting exclusion from the Settlement.
Your e-mail should include all of the following:
Your name, address and telephone number;
A statement that you wish to be excluded from the lawsuit and the Settlement.
13. IF I EXCLUDE MYSELF, CAN I OBTAIN THE BENEFITS OF, OR COMMENT ON, THE SETTLEMENT?
No. If you exclude yourself, you are no longer part of the Class or the Settlement. You will not receive any benefits from the Settlement and the Court will not consider your comments in support of or in opposition to the Settlement.
14. CAN I TELL THE COURT IF I SUPPORT OR OBJECT TO THE SETTLEMENT OR THAT I WANT TO APPEAR AT THE FINAL SETTLEMENT APPROVAL HEARING?
Yes. So long as you do not exclude yourself, you can tell the Court that you support or object to the Settlement or some part of it.
To comment in support of, or in opposition to, the Settlement, you must file a letter with the Clerk of the Court, United States District Court for the Central District of California, Western Division, 312 North Spring Street, Los Angeles, CA 90012 on or before December 7, 2009, and mail a copy to: AOL E-mail Footer Litigation Settlement, P.O. Box 65771, Sterling, VA 20165-8806. Your letter must be received no later than December 7, 2009.
Your letter should include all of the following:
• Your name, address and telephone number;
• The name and number of the lawsuit: Fairchild v. AOL, Case No. CV 09-03568 CAS (PLAx);
• A statement of the reasons why you believe the Settlement is or is not fair, reasonable, or adequate;
and
• A statement regarding whether you (or your lawyer) wish to speak at the Settlement Fairness Hearing.
If you object, you may, but are not required to, appear at the Final Approval Hearing, either in person or through an attorney retained and paid by you. The Fairness Hearing will take place on December 28, 2009, at 10:00 AM. The Court is located at 312 North Spring Street, Los Angeles, CA 90012, Courtroom 5. If you or your attorney intend to appear at the Final Approval Hearing, you or your attorney must file a written Notice of Intention to Appear, together with any supporting legal memoranda and evidence, with the Clerk of the Court no later than December 7, 2009, and mail a copy to: AOL E-mail Footer Litigation Settlement, P.O. Box 65771, Sterling, VA 20165-8806. The Notice of Intention to Appear must be received no later than December 7, 2009. If you do not appear at the hearing, you waive the right to appeal.
15. WHAT HAPPENS IF I DO NOTHING AT ALL?
If you do nothing, you will receive any and all benefits under the Settlement, and you will be subject to the Release (described in # 9).
16. IF I WANT TO KEEP THE E-MAIL FOOTERS WILL I BE ABLE TO?
Yes. This Settlement only gives you as the Member the option to discontinue these footers.
17. WHO PAYS THE LAWYERS AND HOW MUCH WILL THEY BE PAID?
If the Court approves the Settlement, the lawyers for the Settlement Class will apply to the Court for an award of the fees and costs that they have incurred over the course of this lawsuit. AOL has agreed to pay up to $250,000 in fees and costs, in addition to the $103,000 in charitable donations, and the costs of administering the Settlement, including the notice process. AOL’s payment of attorneys’ fees and litigation costs will not reduce any amounts paid or credited to the Charities.
18. WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
A Fairness Hearing will be held at 10:00 AM on December 28, 2009. The Court is located at 312 North Spring Street, Los Angeles, CA 90012, Courtroom 5. At the Fairness Hearing, the Court will consider whether the proposed Settlement is fair, reasonable, and adequate to Settlement Class Members. As part of making this determination, the Court will consider the views of Settlement Class Members both in favor of and opposed to the Settlement. The Court will further consider Settlement Class Counsel’s request for attorneys’ fees and litigation costs. After the hearing, the Court will decide whether to approve the Settlement and attorneys’ fees and costs.
19. HOW DO I GET MORE INFORMATION?
This Notice only provides a summary of the Settlement. The full terms of the Settlement are set forth in the Settlement Agreement. You can read the Settlement Agreement and the other documents in this lawsuit during regular business hours, at the Clerk of the Court, United States District Court for the Central District of California, Western Division, 312 North Spring Street, Los Angeles, CA 90012 (fees may apply for copies of these documents).
PLEASE DO NOT CALL THE COURT OR THE COURT CLERK.
THIS NOTICE IS NOT AN EXPRESSION BY THE COURT AS TO
THE FAIRNESS OR ADEQUACY OF THE SETTLEMENT.
Dated: August 25, 2009 By Order of the Court
THE HONORABLE CHRISTINA A SNYDER
2009年07月29日
2009年03月14日
Federal Court's Notice of Proposed Class Action Settlement. Please Read.
In Re Webloyalty.com, Inc. Marketing and Sales Practices Litigation,
MDL Case No. 07-01820-JLT, Lead Case No. 06-11620-JLT (USDC, District of Massachusetts)
A FEDERAL COURT ORDERED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER OR FROM WEBLOYALTY.COM, INC. ("WLI") TO PURCHASE ANYTHING.
YOU MAY BENEFIT FROM A PROPOSED CLASS ACTION SETTLEMENT. PLEASE READ.
This email is a summary of the full Notice that is available on the Settlement website at:
www.webmarketingsettlement.com
You may be eligible to receive compensation from a proposed class action settlement if you enrolled in or were a member of WLI's Reservation Rewards, Shoppers Discounts & Rewards, Members Specials, Buyer Assurance, Distinctive Privileges, PC Protection Plus, Travel Values, Travel Values Plus, Classmates Rewards, and/or Wallet Shield program (collectively, the "Programs") from September 11, 2000 through September 30, 2008.
A federal court has directed that this Notice be sent to inform you of a proposed class action settlement. Records show that you were enrolled in or were a member of one or more of the Programs identified above from September 11, 2000 through September 30, 2008. The "Settlement Class" or "Class," however, shall not include: (1) those consumers who both were residents in the United Kingdom and enrolled in a Webloyalty International, Ltd. program, (2) those consumers who received a complimentary Program membership, and (3) those WLI employees who were members of a Program for purposes of fulfilling their job functions.
The Settlement will resolve a lawsuit in which claims are made that WLI, et al. (the "Defendants"), among other claims, failed to disclose Program enrollment details regarding monthly billing and transfer of billing information causing consumers to enroll in Programs without full consent in violation of state and federal law. Defendants deny any wrongdoing and the Court has not decided the merits of these allegations. The parties have agreed to settle and provide benefits to Class Members in exchange for a release of claims by Class Members arising out of any of the allegations in the lawsuit or Class Members' membership and/or enrollment in the Programs.
To determine if you are a Class Member eligible to receive compensation and to obtain a full Notice of the proposed Settlement, which includes the required procedures, the deadlines, your obligations, and your options, you must visit www.webmarketingsettlement.com. You may also obtain the full Notice by calling the Settlement Administrator at 1-888-571-1765, sending an email request to the Settlement Administrator at webmarketingsettlement@gardencitygroup.com, or writing the Settlement Administrator, c/o The Garden City Group, Inc., P.O. Box 9265, Dublin, OH 43017-4665.
If you are an eligible Settlement Class Member you have rights, obligations and options under the proposed Settlement. You have until May 29, 2009 to make certain decisions and until September 2, 2009 to file a Claim Form. Your legal rights are affected whether you act or not.
SUMMARY OF SETTLEMENT BENEFITS AND YOUR OPTIONS
1. PARTICIPATE IN THE SETTLEMENT AND SUBMIT A CLAIM FORM
Class Members who submit a timely and valid Claim Form can receive a cash settlement payment in an amount equivalent to the cost of up to two months' membership in each Program for which they were enrolled. Defendants will pay a Settlement Cash Amount up to ten million dollars ($10,000,000). If the amount of the claims submitted exceeds this amount, the amount of each individual cash settlement payment will be reduced proportionately so it does not exceed the maximum. The Settlement also provides for comprehensive remedial changes in the manner of enrollment in the Programs and the information provided to consumers concerning their enrollment and membership in the Programs.
The cost of Settlement notice, administration costs, and attorneys' fees and expenses will be paid by WLI separate and apart from the Settlement Cash Amount. These costs will in no way reduce the benefits available to Settlement Class Members from the Settlement Cash Amount.
The Claim Form also gives you the opportunity to cancel memberships in any of the Programs. A Claim Form may be obtained on-line at www.webmarketingsettlement.com, by calling 1-888-571-1765 or by sending a written request to the Settlement Administrator, c/o The Garden City Group, Inc., P.O. Box 9265, Dublin, OH 43017-4665. Your Claim Form must be postmarked no later than September 2, 2009. For more information regarding the eligibility requirements and the Settlement benefits, you may visit www.webmarketingsettlement.com. Please do not contact the Court.
2. EXCLUDE YOURSELF FROM THE SETTLEMENT
This is the only option that allows you to bring your own lawsuit against the Defendants for the same types of claims alleged in this matter. Your request for exclusion must be mailed to the Settlement Administrator and postmarked on or before May 29, 2009. The full Notice, available at www.webmarketingsettlement.com, explains how to exclude yourself. Please do not contact the Court.
3. OBJECT TO OR COMMENT ON THE SETTLEMENT/ATTEND THE FINAL APPROVAL HEARING
If you do not exclude yourself, you can write the Court and mail a copy to the Settlement Administrator and one of Class Counsel about why you do, or do not, support the proposed Settlement or any of its provisions or about speaking to the Court about the fairness of the proposed Settlement. The Court will hold a hearing on June 30, 2009 at 12:00 p.m. to determine whether the Settlement should be finally approved. Your objection or comments must be filed with the Court and served on or before May 29, 2009. You can also attend this hearing, but you do not have to. The full Notice, available at www.webmarketingsettlement.com, explains how to object or comment on the proposed Settlement and the procedures you need to follow if you intend to appear at the Fairness Hearing.
4. DO NOTHING
If this proposed Settlement is approved, you will automatically be included in the Settlement Class and give up your right to be part of any other lawsuit regarding the same issues raised in this Litigation, and you will not be eligible to receive compensation from the Settlement unless you submit a Claim Form.
FINAL FAIRNESS HEARING
On June 30, 2009 at 12:00 p.m, a hearing will be held in Courtroom 22, 7th floor, of the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210. The purpose of the hearing is for the Court to decide whether the proposed Settlement is fair, reasonable and adequate and should be approved. The Court will also decide whether a final judgment should be entered dismissing this lawsuit, and the amount of attorneys' fees and reimbursement of expenses and incentive awards to the Settlement Class Representatives. This hearing may be postponed without further notice.
To get complete information about the proposed Settlement, copies of the full Notice and Claim Form as well as the deadlines, your obligations, and your options, you must visit www.webmarketingsettlement.com, call the Settlement Administrator toll-free at 1-888-571-1765 or send an email to webmarketingsettlement@gardencitygroup.com. Do not contact the Court.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email. To contact us, please access the official Settlement website at www.webmarketingsettlement.com.
MDL Case No. 07-01820-JLT, Lead Case No. 06-11620-JLT (USDC, District of Massachusetts)
A FEDERAL COURT ORDERED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER OR FROM WEBLOYALTY.COM, INC. ("WLI") TO PURCHASE ANYTHING.
YOU MAY BENEFIT FROM A PROPOSED CLASS ACTION SETTLEMENT. PLEASE READ.
This email is a summary of the full Notice that is available on the Settlement website at:
www.webmarketingsettlement.com
You may be eligible to receive compensation from a proposed class action settlement if you enrolled in or were a member of WLI's Reservation Rewards, Shoppers Discounts & Rewards, Members Specials, Buyer Assurance, Distinctive Privileges, PC Protection Plus, Travel Values, Travel Values Plus, Classmates Rewards, and/or Wallet Shield program (collectively, the "Programs") from September 11, 2000 through September 30, 2008.
A federal court has directed that this Notice be sent to inform you of a proposed class action settlement. Records show that you were enrolled in or were a member of one or more of the Programs identified above from September 11, 2000 through September 30, 2008. The "Settlement Class" or "Class," however, shall not include: (1) those consumers who both were residents in the United Kingdom and enrolled in a Webloyalty International, Ltd. program, (2) those consumers who received a complimentary Program membership, and (3) those WLI employees who were members of a Program for purposes of fulfilling their job functions.
The Settlement will resolve a lawsuit in which claims are made that WLI, et al. (the "Defendants"), among other claims, failed to disclose Program enrollment details regarding monthly billing and transfer of billing information causing consumers to enroll in Programs without full consent in violation of state and federal law. Defendants deny any wrongdoing and the Court has not decided the merits of these allegations. The parties have agreed to settle and provide benefits to Class Members in exchange for a release of claims by Class Members arising out of any of the allegations in the lawsuit or Class Members' membership and/or enrollment in the Programs.
To determine if you are a Class Member eligible to receive compensation and to obtain a full Notice of the proposed Settlement, which includes the required procedures, the deadlines, your obligations, and your options, you must visit www.webmarketingsettlement.com. You may also obtain the full Notice by calling the Settlement Administrator at 1-888-571-1765, sending an email request to the Settlement Administrator at webmarketingsettlement@gardencitygroup.com, or writing the Settlement Administrator, c/o The Garden City Group, Inc., P.O. Box 9265, Dublin, OH 43017-4665.
If you are an eligible Settlement Class Member you have rights, obligations and options under the proposed Settlement. You have until May 29, 2009 to make certain decisions and until September 2, 2009 to file a Claim Form. Your legal rights are affected whether you act or not.
SUMMARY OF SETTLEMENT BENEFITS AND YOUR OPTIONS
1. PARTICIPATE IN THE SETTLEMENT AND SUBMIT A CLAIM FORM
Class Members who submit a timely and valid Claim Form can receive a cash settlement payment in an amount equivalent to the cost of up to two months' membership in each Program for which they were enrolled. Defendants will pay a Settlement Cash Amount up to ten million dollars ($10,000,000). If the amount of the claims submitted exceeds this amount, the amount of each individual cash settlement payment will be reduced proportionately so it does not exceed the maximum. The Settlement also provides for comprehensive remedial changes in the manner of enrollment in the Programs and the information provided to consumers concerning their enrollment and membership in the Programs.
The cost of Settlement notice, administration costs, and attorneys' fees and expenses will be paid by WLI separate and apart from the Settlement Cash Amount. These costs will in no way reduce the benefits available to Settlement Class Members from the Settlement Cash Amount.
The Claim Form also gives you the opportunity to cancel memberships in any of the Programs. A Claim Form may be obtained on-line at www.webmarketingsettlement.com, by calling 1-888-571-1765 or by sending a written request to the Settlement Administrator, c/o The Garden City Group, Inc., P.O. Box 9265, Dublin, OH 43017-4665. Your Claim Form must be postmarked no later than September 2, 2009. For more information regarding the eligibility requirements and the Settlement benefits, you may visit www.webmarketingsettlement.com. Please do not contact the Court.
2. EXCLUDE YOURSELF FROM THE SETTLEMENT
This is the only option that allows you to bring your own lawsuit against the Defendants for the same types of claims alleged in this matter. Your request for exclusion must be mailed to the Settlement Administrator and postmarked on or before May 29, 2009. The full Notice, available at www.webmarketingsettlement.com, explains how to exclude yourself. Please do not contact the Court.
3. OBJECT TO OR COMMENT ON THE SETTLEMENT/ATTEND THE FINAL APPROVAL HEARING
If you do not exclude yourself, you can write the Court and mail a copy to the Settlement Administrator and one of Class Counsel about why you do, or do not, support the proposed Settlement or any of its provisions or about speaking to the Court about the fairness of the proposed Settlement. The Court will hold a hearing on June 30, 2009 at 12:00 p.m. to determine whether the Settlement should be finally approved. Your objection or comments must be filed with the Court and served on or before May 29, 2009. You can also attend this hearing, but you do not have to. The full Notice, available at www.webmarketingsettlement.com, explains how to object or comment on the proposed Settlement and the procedures you need to follow if you intend to appear at the Fairness Hearing.
4. DO NOTHING
If this proposed Settlement is approved, you will automatically be included in the Settlement Class and give up your right to be part of any other lawsuit regarding the same issues raised in this Litigation, and you will not be eligible to receive compensation from the Settlement unless you submit a Claim Form.
FINAL FAIRNESS HEARING
On June 30, 2009 at 12:00 p.m, a hearing will be held in Courtroom 22, 7th floor, of the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210. The purpose of the hearing is for the Court to decide whether the proposed Settlement is fair, reasonable and adequate and should be approved. The Court will also decide whether a final judgment should be entered dismissing this lawsuit, and the amount of attorneys' fees and reimbursement of expenses and incentive awards to the Settlement Class Representatives. This hearing may be postponed without further notice.
To get complete information about the proposed Settlement, copies of the full Notice and Claim Form as well as the deadlines, your obligations, and your options, you must visit www.webmarketingsettlement.com, call the Settlement Administrator toll-free at 1-888-571-1765 or send an email to webmarketingsettlement@gardencitygroup.com. Do not contact the Court.
Please do not reply to this message. We are unable to respond to inquiries sent in reply to this email. To contact us, please access the official Settlement website at www.webmarketingsettlement.com.
