I see AOL got their butts in trouble by putting ads at the bottoms of our
emails!! Finally somebody did something about it.
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_ (http://footer.aol.com/) and _http://footer.aol.com_
(http://dc.aol.com/cgi-bin25/DM/y/j2JN0ssOZi0PGh0UBQ0AK) , 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
[email protected], 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_
(http://dc.aol.com/cgi-bin25/DM/y/j2JN0ssOZi0PGh0UBR0AL) .
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_ (http://footer.aol.com/) and _http://footer.aol.com_
(http://dc.aol.com/cgi-bin25/DM/y/j2JN0ssOZi0PGh0UBQ0AK) , 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 [email protected] 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
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