OFFICIAL NOTICE OF PENDENCY
Cliff
Date: 9/4/2009 9:21:52 PM Eastern Daylight Time
From: FooterSettlement
To: Clhuprich
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
footerli...@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 settleme...@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
Dave
"Cliff" <Clhu...@aol.com> wrote in message
news:8sk5a5pgm5djvl4rv...@4ax.com...
> Subj: OFFICIAL NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
> Date: 9/4/2009 9:21:52 PM Eastern Daylight Time
> From: FooterSettlement
> To: Clhuprich
>
>
>
>
>
> 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.
>
>
>
>
> claims regarding advertising or promotional "footers" that may have been
> appended to the bottom of your e-mails by AOL.
> 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)
> different charities totaling $103,000.
Good!!! I was a paying AOL customer when the service was converted to free.
I was pissed when I noticed that my e-mail messages had advertising on the
bottom of them. WTF??? -Dave
Cliff
>Good!!! I was a paying AOL customer when the service was converted to free.
>I was pissed when I noticed that my e-mail messages had advertising on the
>bottom of them. WTF??? -Dave
You did not get a copy of the official notice?
I'd wondered how many did as I saw no comment
about it here (& so posted it).
Perhaps it only applies to those in the US?
--
Cliff
ngtybtnice
> I'd wondered how many did as I saw no comment
> about it here (& so posted it).
> Perhaps it only applies to those in the US?
> --
> Cliff
It just popped up in our email box this morning.
Cliff
IIRC AOL stopped adding ads to my outgoing Email a few weeks ago
but I used the link to select no ads anyway.
--
Cliff