Frequently Asked Questions
The Notice, given pursuant to an Order of the Court dated August 3, 2007, describes a proposed settlement of a class action against Yahoo!, Inc. As you have been identified as a potential Class Member in the action, it is important to read the Notice because your legal rights may be affected. The Notice provides a summary of the terms of the proposed settlement. It also explains the lawsuit, your potential legal rights under the Settlement, what benefits may be available to you under the Settlement, and how to get them. You received the Notice because a search of Yahoo!’s computer records indicates that you were a subscriber of Yahoo! Personals at some point between October 1, 2004 and August 3, 2007. In a class action, one or more individuals or businesses, called Class Representatives (in this case, Robert Anthony) sue on behalf of others that have similar claims. All of these other individuals are members of the “class.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Court Judge Ronald M. Whyte is in charge of this class action.
What are the critical dates for this case?
On October 12, 2005, Robert Anthony (“Plaintiff”) filed suit against Yahoo!, Inc. (“Yahoo!”) in the United States District Court, Northern District of California. The Plaintiff alleged various claims against Yahoo! (specifically, breach of the implied covenant of good faith and fair dealing, Florida statute §501.204 et seq., fraud, and negligent misrepresentation), by virtue of his allegation that profiles posted for purposes other than dating appeared on the Yahoo! Personals website. Plaintiff brought suit on his own behalf and on behalf of all Yahoo! Personals paid subscribers in the United States since October 1, 2004. Plaintiff sought recovery of damages, various forms of equitable relief and attorneys’ fees and costs. Yahoo! has denied, and continues to deny any and all claims and allegations of wrongdoing asserted in the case and has substantial factual and legal defenses to all claims alleged in the case. Yahoo! has maintained and continues to maintain that it has acted in accordance with governing law. Nonetheless, the parties have concluded that further participation in the case would be protracted and expensive, and that it is desirable that the case be fully and finally settled in the manner and upon the terms set forth in the Notice and in the Parties’ Settlement Agreement.
What benefits are Class Members eligible to receive? Under the Settlement, an eligible Class Member who was a paid subscriber to Yahoo! Personals between October 1, 2004 and August 3, 2007, and who viewed a profile during his or her subscription period that he or she believes was posted for purposes other than dating, is eligible to receive a one-time payment of up to $35.00 from the four million dollar ($4,000,000) settlement fund. If you are an eligible Class Member and wish to receive this benefit, you must timely submit a Claim Form to the Claims Administrator.
Is the Defendant obligated to do anything else as part of the Settlement? To the extent that these changes are not already in place, no later than 30 days after Final Approval of the Settlement, Yahoo! will take the following actions, which shall remain in force and effect for a period of two (2) years from the date of Final Approval of the Settlement by the Court:
Which attorneys are representing the Class Members in this litigation? The Settlement Class is being represented by the McNulty Law Firm at 827 Moraga Drive, Bel Air, California 90049 and Freidin & Dobrinsky, P.A. at One Biscayne Boulevard, Suite 3100, Miami, Florida 33131. Counsel for the Settlement Class have pursued the Action on a contingent basis and have paid all costs of the Action. These attorneys have not yet been paid or recovered any of their expenses associated with the Action. As part of the Settlement, Class Counsel will request that the Court award them attorneys’ fees and expenses. They intend to request attorneys’ fees plus reasonable costs. Class Counsel’s petition for fees and expenses will be filed with the Court no later than October 5, 2007 and may be reviewed by any interested party. The Court will determine a reasonable fee and expense award at the Fairness Hearing based on Settlement Class Counsel’s Fee and Expense Application and responses thereto. Class Counsel will also ask the Court to approve an Incentive Award to the class representative Plaintiff in this case (Robert Anthony). Any money the Court awards Settlement Class Counsel and the Plaintiff will be paid out of the four million dollar ($4,000,000) settlement fund created by Yahoo.
What do Class Members have to do to participate in the Settlement? If you are an eligible Class Member and you wish to receive a one-time payment of up to $35.00 under the Settlement, you need to complete and submit a certified and authenticated Claim Form in a timely manner. This form is necessary to ensure that Yahoo! and Settlement Class Members’ privacy rights are protected and to ensure that only eligible Class Members receive a monetary benefit. You may download the Claim Form from this website. The fully completed, certified, and authenticated Claim Form must be submitted via U.S. Mail to the Claims Administrator at Anthony, et al. v. Yahoo!, Inc. Settlement, c/o The Garden City Group, Inc., P.O. Box 9148, Dublin, OH 43017–4148. The deadline for submission of the Claim Form is December 15, 2007. Accordingly, to be valid, Claim Forms must be postmarked not later than December 15, 2007. You may attend the court hearing described below if you wish, but your attendance or non-attendance will not affect your eligibility to submit the Claim Form. You do not need to appear in court, and you do not need to hire an attorney in this case. You may object to the proposed settlement if you so desire.
What am I giving up if I participate in the Settlement? The Settlement provides that once the Court enters an order finding the proposed settlement fair, adequate, and reasonable and all appeals have been resolved or all appeals periods have expired, those Class Members who have not timely requested exclusion from this Action shall be deemed to have given up their right to sue Yahoo!, Inc. over the same claims.
Why is Class Counsel recommending the Settlement? Relative to the risks and costs of continuing the litigation, Class Counsel believe this Settlement provides a favorable recovery which is in the best interest of the Class. Class Counsel’s collective evaluation is based on the investigation and discovery they have undertaken, and upon their experience prosecuting similar cases. Absent settlement, Plaintiff would have to secure class certification over the opposition of Yahoo! Additionally, at trial, Plaintiff would have the burden of proof to establish liability and the amount of damages. The case involves many unresolved factual and legal issues, some of which could be decided against Plaintiff at or before trial, and which would jeopardize Plaintiff’s ability to certify a class or to obtain a favorable judgment and preserve it on appeal. In addition, settling the case now has the further advantage of avoiding the very substantial additional costs and delay that further litigation would involve. Given Yahoo!’s defenses to this case and both parties’ right to appeal under appropriate circumstances, absent settlement, it could be years before the litigation ends and Class Members receive benefits, if any are ultimately awarded. Given the costs involved in further litigation and the time-value of money, even if a favorable judgment were obtained at trial, it could well produce less net recovery to the Class Members than the present Settlement.
Can I opt-out or exclude myself from the Settlement? If you are a Class Member, you may elect to exclude yourself from the class settlement. If you wish to be excluded from the Settlement Class, you must send a completed Request for Exclusion Form to the Claims Administrator via U.S. Mail at Anthony, et al. v. Yahoo!, Inc. Settlement, c/o The Garden City Group, Inc., P.O. Box 9148, Dublin, OH 43017–4148 in a timely manner. The Request for Exclusion Form must be postmarked on or before October 15, 2007 to be effective. Exclusions can only be filed individually—not on behalf of a group or class. If you exclude yourself from the Class and the proposed settlement with Yahoo! is finally approved, you will not be entitled to receive any benefits of the Settlement and will remain free to pursue any legal rights you may have against Yahoo! at your own expense, but the representative Plaintiff and their lawyers will not represent you as to any claims against Yahoo!
Can I object to or comment on the Settlement? Any Class Member may appear at the Final Approval Hearing (also known as the “Fairness Hearing”) in person or by a duly appointed authorized attorney and show cause, if any, why the Settlement should not be approved; provided that (except by special permission of the court) no Class Member shall be heard unless, on or before, October 15, 2007, the Class Member files with the Court a written “Notice of Intent to Appear” to the clerk’s address set out below, setting forth all of the Class Member’s objections to the Settlement, and mails copies of all such papers to Plaintiff’s and Yahoo!’s counsel at the addresses specified below. Any objection must contain: (a) a heading which refers to the Action; (b) the objector’s name, address, and telephone number; (c) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying counsel by name, address, and phone number; (d) a statement of the grounds supporting the claim; (e) a list of all persons who will be called to testify in support of the objection; (f) a list of other cases in which you or your counsel have appeared either as settlement objectors or as counsel for objectors during the preceding five (5) years; (g) copies of any papers, briefs, or other documents upon which the objection is based; and (h) your signature, even if you are also represented by counsel. The objection served upon Yahoo! must also include the objector’s Yahoo! ID. Office of the Clerk
When, where, and what is the importance of the Final Approval Hearing? The Court will conduct a hearing (the “Final Approval Hearing”) at the United States District Court, Northern District of California, in the courtroom of the Honorable Ronald M. Whyte on November 30, 2007 at 9:00 a.m. (or at the dates and times to which the Court may, without further notice, reschedule the hearing). The purpose of the Final Approval Hearing will be to determine whether the proposed settlement is fair, adequate, and proper; and whether the Court should enter judgment approving the Settlement, awarding attorneys’ fees and expenses, and dismissing the class action. You have the right, but are not required to attend. Attendance or non-attendance will not affect any benefit to which you may be entitled under the Settlement.
How do I get more information regarding this case? The pleadings, the Agreement, and other papers filed with the Court relating to this Action, are available for inspection in the offices of the Clerk of the Court identified above. You may also contact Class Counsel, whose contact information is listed above. PLEASE DO NOT TELEPHONE THE COURT OR THE CLERK OF THE COURT.
Has the Settlement received any sort of preliminary or final approval by the Court? The Settlement was preliminarily approved by the Court on August 3, 2007.
Is the email Notice I received an official and legitimate document that the Court approved? The United States District Court for the Northern District of California directed The Garden City Group, Inc., the Court-appointed Claims Administrator, to send Email Notice in this Class Action Settlement. If you received an email from anthonysettlement@tgcginc.com, it was sent at the direction of the Court, and because records show you may have been a paid subscriber to Yahoo! Personals between October 1, 2004 and August 3, 2007, and viewed a profile during your subscription period that you believe was posted for purposes other than dating. Class Members can find out more information about the Settlement by contacting the toll-free helpline established for the Settlement at 1-888-298-6319. |
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