Sunday, July 4, 2010

Hrrumph

It's not fair, just not fair, I tell ya. Here it was, my chance to be RICH. RICH, I tell ya.

And I'm excluded on the basis of what ... was there something, perchance, that I've done wrong? Did I err in some way?

No. No. I'm excluded on the basis of ... wait for it ... Geography!
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON
In re Classmates.com Consolidated Litigation, Case No. 09-cv-0045-RAJ

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT TO: ALL MEMBERS OF THE SETTLEMENT CLASS, AS DEFINED IN THIS NOTICE A SETTLEMENT HAS BEEN PROPOSED THAT WILL AFFECT YOUR RIGHTS IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS OR SETTLEMENT SUBCLASS DESCRIBED BELOW. PURSUANT TO THIS SETTLEMENT, IN ADDITION TO THE INJUNCTIVE RELIEF BEING OFFERED, YOU MAY BE ENTITLED TO SUBMIT A CLAIM FORM TO RECEIVE BENEFITS UNDER THE SETTLEMENT.

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY
.

1. WHY DID I GET THIS SETTLEMENT NOTICE?
The purpose of this Notice is to inform you that a proposed settlement (the "Settlement") has been reached in the consolidated class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-cv-0045-RAJ (the "Litigation"). This Notice explains the Litigation, the Settlement, your legal rights, the injunctive relief being offered through the Settlement, what additional benefits are available, who is eligible for them, and how to get benefits if you are eligible.

2. WHAT IS THIS LAWSUIT ABOUT?
In this Litigation, Plaintiffs assert class action claims against Classmates Online, Inc., Classmates Media Corporation, and United Online, Inc. ("Defendants"). Complaints filed in the action allege, among other things, that Defendants sent email messages to subscribers of http://www.classmates.com/ that were in violation of the law and engaged in conduct that had the potential to violate w ww.classmates.com users’ privacy rights. Defendants have denied and continue to deny Plaintiffs’ allegations and maintain that Defendants have not engaged in any wrongful
conduct. Defendants also contend that the Litigation is not suitable for class action treatment. Defendants have nevertheless concluded that it is in their best interests that this Litigation be resolved subject to and on the terms and conditions set forth in the Settlement Agreement.

This Settlement is the result of arm’s-length negotiations between Plaintiffs in the Litigation, individually and on behalf of the Settlement Class and Settlement Subclass, and Defendants. Both sides agree that, in light of the risks and expenses associated with continued litigation, this Settlement is fair and appropriate under the circumstances. Plaintiffs further believe that this Settlement is in the best interests of the Settlement Class and Settlement Subclass. Please be advised that the United States District Court for the Western District of Washington has not ruled on the merits of Plaintiffs’ claims or Defendants’ defenses and, therefore, you should not make any assumptions about the strengths or weaknesses of the claims or defenses in the Litigation.

3. WHO IS COVERED BY THE SETTLEMENT?
For settlement purposes, the parties have stipulated to the certification of a Settlement Class and a Settlement Subclass, as defined below.

"Settlement Class"
All Persons, excluding Settlement Subclass members, residing in the United States who were registered with or subscribed to w ww.classmates.com at any time between October 30, 2004 and April 19, 2010.

"Settlement Subclass"
All Persons residing in the United States who registered with or subscribed to http://www.classmates.com/ between January 1, 2007 and April 19, 2010, and who paid for a Gold Membership subscription to w ww.classmates.com (and did not previously receive a refund of such payment) as a result of:

Upgrading to a Gold Membership through the process on Classmates.com of seeking to see who visited their Guestbook; or Upgrading to a Gold Membership after clicking on a link to Classmates.com in a Guestbook email, or Connections email that included a Guestbook subject line, and upgrading to a Gold Membership within the same session activated by clicking on that link or within the same day of clicking on that link; or Upgrading to a Gold Membership within the same day of receiving a Guestbook email or Connections email that included a Guestbook subject line.

You are receiving this Notice because you have been identified from Defendants’ records as a potential Settlement Class member. According to Defendants’ records, you do not appear to be a Settlement Subclass member. There is no overlap between the membership of the Settlement Class and the Settlement Subclass. If you have any questions regarding your claim, please contact the Settlement Administrator at the address listed in Section 5 below.

4. AS A SETTLEMENT CLASS MEMBER, WHAT AM I ENTITLED TO?
In addition to injunctive relief, as a Settlement Class member, if you do not exclude yourself from the Settlement and if you timely submit a Valid Claim Form, you are entitled to receive a credit of $2.00 off of the purchase or renewal of a http://www.classmates.com/ Gold Membership. Under the Settlement Agreement, Settlement Subclass members are entitled to receive either a cash payment of $3.00 or a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership.

In addition to its cash and credit components, the Settlement also provides, on a non-opt out basis, for Defendants to provide injunctive relief to all Settlement Class and Settlement Subclass members. A description of the injunctive relief that Defendants are providing is set forth at the following website: http://www.cmemailsettlement.com/.

5. HOW CAN I GET THE CREDIT THAT I AM ENTITLED TO?
To receive a credit of $2.00 off of the purchase or renewal of a w ww.classmates.com Gold Membership as a Settlement Class member, you must fit the description of a Settlement Class member and timely send a Valid Claim Form to the Settlement Administrator.

You can read the rest of it here.

But just remember who sent you on the journey towards your new-found riches.

2 comments:

Pogue said...

You're a lawyer... start a class action suit on behalf of Canada against to cruel US legal firm that has caused all this needless duress north of our border. :P

MMC said...

Hey, that's a great idea!
Let's see, we have a little over 34 million Canadians @ $2 each plus the damaage for mental distress. Wow, I really will be rich!

HUH?? Whaddya mean I can't keep all the money??!!