Frequently Asked Questions
The Notice, given pursuant to an Order of the Court dated August 3, 2007, described a settlement of a class action against Yahoo!, Inc. As you were identified as a potential Class Member in the action, it is important that you read the Notice because your legal rights were affected. The Notice provided a summary of the terms of the settlement. It also explained the lawsuit, your legal rights under the Settlement, what benefits were 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. 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 were 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, was eligible to receive a one-time payment of up to $35.00 from the four million dollar ($4,000,000) settlement fund. If you were an eligible Class Member and wished to receive this benefit, you must have timely submitted 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. As part of the Settlement, Class Counsel requested that the Court award them attorneys’ fees and expenses. The Court determined 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 asked and received approval from the Court for an Incentive Award to the class representative Plaintiff in this case (Robert Anthony).
What do Class Members have to do to participate in the Settlement? If you were an eligible Class Member and you wished to receive a one-time payment of up to $35.00 under the Settlement, you needed to complete and submit a certified and authenticated Claim Form in a timely manner. This form was 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. The fully completed, certified, and authenticated Claim Form must have been 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 was December 15, 2007.
What am I giving up if I participate in the Settlement? The Settlement provided 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 were 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? The deadline to file a Request for Exclusion has passed.
Can I object to or comment on the Settlement? The deadline to file an objection has passed.
When, where, and what is the importance of the Final Approval Hearing? The Court held 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 Friday, November 30, 2007 at 9:00 a.m. The settlement was approved as fair, adequate, and proper. However, appeals were filed. These appeals have now been resolved.
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.
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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