Re: [AMC-list] eBay Motors Fee Class Action suit (7368433)

["Armand Eshleman" <aje1@xxxxxxxxxxxxxxx>]

I got one Eddie
----- Original Message ----- 
From: "Eddie Stakes" <eddiestakes@xxxxxxxxxxxxxxxxxxxx>
To: <baadassGremlins@xxxxxxxxxxxxxxx>; <amc-list@xxxxxxxxxxxx>
Sent: Friday, January 14, 2011 9:19 PM
Subject: [AMC-list] eBay Motors Fee Class Action suit (7368433)


> Untitled DocumentHow many of you got one of these?
> Eddie Stakes
> 713.464.8825
> eddiestakes@xxxxxxxxxxxxxxxxxxxx
> www.planethoustonamx.com
>
> ----- Original Message ----- 
> From: eBay Motors Fee Class Administrator
> To: eddiestakes@xxxxxxxxxxxxxxxxxxxx
> Sent: Friday, January 14, 2011 3:07 PM
> Subject: eBay Motors Fee Class Action (7368433)
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> EDDIE STAKES:
>
> Please read the notice below carefully as your rights may be affected.
>
> IMPORTANT LEGAL NOTICE – PLEASE DO NOT DELETE
>
> A.                 INTRODUCTION
>
> You are receiving this notice because eBay’s records show that you paid
Final Value Fees for selling items in the vehicle-related parts and
accessories categories on eBay Motors (“Parts and Accessories”) between
April 21, 2005, and August 26, 2009. You will be entitled to a partial
refund of those fees (net of any previous refunds) under a settlement
agreement if it is approved as described below.
>
> This Notice relates to class action litigation alleging that eBay charged
the incorrect amount of Final Value Fees for the sale of Parts and
Accessories in the time period above. The case was filed in the United
States District Court for the Northern District of California and entitled
“Brice Yingling d/b/a Alamo Auto Sports and Andy Scott vs. eBay, Inc.,” Case
No. C-09-01733 (the “Lawsuit”). eBay denies the allegations in the Lawsuit.
> Details about the Lawsuit can be found at
www.ebaymotorsfeeclassaction.com. This Notice summarizes how a proposed
settlement of the Lawsuit may affect you.
>
> B.                WHO IS COVERED BY THE SETTLEMENT?
>
> On July 27, 2010, the Court allowed the individual plaintiffs Yingling and
Scott to represent the following people, who are known as “Class Members”:
> All persons who paid so-called Final Value Fees in conjunction with a
listing of an item within eBay, Inc.’s defined category of “Parts &
Accessories” on the eBay Motors website, which listing was placed between
April 21, 2005, and August 26, 2009.
> This ruling also allows the law firm of Figari & Davenport LLP to act as
“Class Counsel” and to represent the Class Members as their attorneys. The
Court’s ruling does not mean that the Court views the claims in this Lawsuit
as having merit or not.
> This Settlement applies to the same persons defined above; however, all
listings made using eBay’s Store Inventory Format are excluded from the
Settlement. This group of persons is the “Settlement Class.” eBay’s records
show that you are a member of the Settlement Class.
>
> C.                WHAT ARE THE TERMS OF THE SETTLEMENT?
>
> On December 20, 2010, the Court preliminarily approved the following
Settlement and ordered that this Notice be sent to you. The Court will hold
a hearing on March 28, 2011 to decide whether to grant final approval to the
Settlement, which will affect you as a Class Member.
> What Class Members Will Get In the Settlement, If It Is Approved
>
> Under the Settlement, eBay will establish a Settlement Fund in the amount
of $30 million. The Settlement Fund will be used to (1) reimburse, in part,
Final Value Fees paid (net of any previous refunds) by the Settlement Class;
(2) pay all expenses to send this Notice and administer the Settlement; (3)
compensate Class Counsel and the Class Representatives (as discussed further
below); and (4) distribute any leftover funds to entities to be approved by
the Court.  Settlement payments of less than $0.50 will not exceed
processing and postage costs, so Class Counsel intends to seek Court
approval to eliminate all settlement payments to Settlement Class Members
that do not exceed $0.50. Whether such deminimus payments may be eliminated
will be addressed by the Court at the final settlement hearing described in
paragraph H below.
>
> Payment to Settlement Class members will be proportional to the total
amount of Final Value Fees (net of any previous refunds) each Class Member
paid between April 21, 2005 and August 26, 2009 for selling Parts and
Accessories, excluding listings in eBay Store Inventory Format. According to
eBay’s calculations, which are subject to finalization and revision, it is
estimated that Class Members will be refunded approximately 6.67% of the
Final Value Fees (net of any previous refunds) they paid for these listings.
> For details of the terms of the Settlement Agreement, please see the Court
Documents page of the website www.ebaymotorsfeeclassaction.com.
> What Class Counsel Will Ask For From the Court: Class Counsel will ask the
Court for an award of attorneys’ fees and costs to be paid from the
Settlement Fund. eBay has agreed not to oppose a request for fees of up to
twenty-five percent (25%) of the Settlement Fund and reimbursement for its
costs and expenses. Class Counsel will file its application for fees and
costs on February 4, 2011, and the application will be available on the
website www.ebaymotorsfeeclassaction.com. Class Counsel will also ask the
Court to award $15,000 to plaintiffs Yingling and Scott for acting as class
representatives.
> What eBay Will Get In the Settlement, If It Is Approved: In exchange for
the payments above, the Settlement Class members will release all claims
they have against eBay related to the allegations in the Lawsuit. The
release means that you, as a Settlement Class Member, will give up your
right to file a separate lawsuit on your own behalf in any way related to
the claims in the Lawsuit. The scope of the release is quite broad and is
specified in the Settlement Agreement, available at
www.ebaymotorsfeeclassaction.com.
>
> D.                WHAT ARE MY OPTIONS RELATED TO THE SETTLEMENT?
>
> You have the following options related to the Settlement:
>             (1) You can do nothing, in which case you will automatically
receive a payment in the amount calculated as described in Section C above
and as determined based on eBay’s records. Payment will be sent to you at
the address in eBay’s records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS
EMAIL unless you update your mailing address at the following web
address:­­­­­­­­­­­­­ www.ebaymotorsfeeclassaction.com and/or update your
legal name pursuant to the instructions on the website. The amount of
payment will be determined based on eBay’s records and you will be bound by
the terms of the Settlement, including the release of claims against eBay as
described in Section C above.
>             (2) You can opt out of the settlement, as explained below in
Section F.
>             (3) You can object to the settlement, as explained below in
Section G.
>
> E.              HOW TO RECEIVE YOUR SETTLEMENT PAYMENT
>
> Receiving your settlement payment is easy. The amount owed to you will be
calculated based on eBay’s records and will be mailed to the address
associated with the eBay user ID under which your covered sales were made.
It is not necessary for you to do anything if your LEGAL NAME and ADDRESS on
file with eBay associated with your eBay user ID from the Class Period are
already correct.
>
> If your address with eBay is not current, please update your address
on-line at www.ebaymotorsfeeclassaction.com by no later than March 28, 2011.
If you prefer to update your address by mail, instructions for how to do so
can also be found on the Settlement website. The only information you need
to provide in order to update your address is your current contact
information, including all eBay user IDs you used between April 21, 2005,
and August 26, 2009, e-mail address and physical address – you do not need
to give any passwords or account numbers.
>
> If your legal name is not the name this email was addressed to above, you
will need to contact the Settlement Class Administrator.  Go to
www.ebaymotorsfeeclassaction.com for instructions and the specific
information you will need to provide to report a change of name.
>
> IF YOUR CURRENT ADDRESS AND LEGAL NAME IS NOT IN EBAY’S RECORDS AND YOU DO
NOT UPDATE YOUR INFORMATION AS DESCRIBED ABOVE, YOUR SETTLEMENT PAYMENT MAY
NOT BE DELIVERABLE TO YOU OR BE ABLE TO BE CASHED. Undeliverable and/or
otherwise uncashed settlement payments will be disbursed to certain
charities or other organizations approved by the Court.
>
> F.                 HOW TO OPT OUT AND THE EFFECT OF OPTING OUT
>
> Instead of receiving a payment as part of the Settlement, you may opt out
of the Settlement Class. You may do so by sending a written notice of
exclusion by first class mail, postmarked not later than February 14, 2011,
to: Yingling v. eBay Class Action, EXCLUSIONS, Class Administrator,c/o A.B.
Data, Ltd., PO Box 170500 Milwaukee, WI 53217-8042 . Your written notice of
exclusion must: (1) include your name, address, e-mail address, telephone
number, and each eBay user I.D. utilized by you during the Class Period; (2)
state that you wish to be excluded from the Settlement Class; and (3) be
signed by you.
>
> If you opt out of the Settlement Class, you: (1) will not receive any of
the cash payments to be made as part of the Settlement; (2) will not be
bound by the final order of dismissal and release in the Lawsuit; and (3)
may, if you wish and at your own expense, pursue on your own behalf whatever
legal rights you believe you may have. You will also not be allowed to
object to the Settlement if you opt out of the Settlement Class.
>
> G.               HOW TO SUBMIT AN OBJECTION
>
> If you have any objections to the Settlement, you must file them with the
Court by February 14, 2011. You cannot do this on-line nor can you simply
mail something to the Settlement Class Administrator.  The objection must
include the Class Member’s name, current address, current telephone number,
current email address, each eBay user I.D. utilized by the Class Member
during the Class Period, the basis of the objection, all arguments,
citations, and evidence supporting the objection and that they are a member
of the Class, and whether the objector intends to appear at the final
fairness hearing, either with or without counsel. Please also note that you
must send copies of the objections you file to Class Counsel and Defense
Counsel. Neither the Class Counsel nor Defense Counsel may assist you in
asserting objections; you will have to object on your own or hire, at your
own expense, your own lawyer. In order to obtain the necessary addresses for
the Court, Class Counsel, and Defense Counsel, please go to
www.ebaymotorsfeeclassaction.com and review the page regarding objections.
>
> H.                WHEN WILL THE COURT CONSIDER THE SETTLEMENT?
> At 9:00 a.m. PST on March 28, 2011 the Court will conduct a hearing to
determine the fairness of the Settlement and may enter an order finally
approving the Settlement. The hearing will take place in the Courtroom of
the Honorable James Ware, Courtroom 8, 4th Floor, Robert F. Peckham Federal
Bldg. and United States Courthouse, 280 South First Street, San Jose, CA
95113-3002. Class Counsel will appear on behalf of the Settlement Class.
>
> I.                   HOW TO GET MORE INFORMATION
>
> Please do not respond to this message; the address is not monitored and no
one will read any response you send. Instead, if you have further questions
about the Lawsuit and Settlement go to www.ebaymotorsfeeclassaction.com. In
addition, all of the court documents are on file with the Clerk of the
Court, United States District Court for the Northern District of California:
Mr. Richard W. Wieking, Court Clerk, 2112 Robert F. Peckham Federal Bldg.
and United States Courthouse, 280 South First Street, San Jose, CA
95113-3002, for inspection and copying at your own expense during regular
business hours. The pleadings in the case can also be viewed on-line through
PACER, the Federal Court’s on-line pleadings database. PACER can be accessed
at http://pacer.psc.uscourts.gov, and instructions for how to search for
pleadings are provided at that website.
> PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT,
> OR THE JUDGE ABOUT THIS LITIGATION.
> PLEASE ALSO DO NOT CONTACT EBAY OR PAYPAL CUSTOMER SERVICE ABOUT THIS
LITIGATION.
> THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS
>
>
>
>
> If you would prefer not to receive further messages from this sender,
please Click Here and confirm your request.
>
> ***Note this is a comment on ebay about this also:
>
> Dear Motors P&A Sellers,
>
> Recently, an email containing a legal notice was sent to certain eBay
members who paid final value fees on Parts & Accessories listings in
connection with the settlement of a class action case. It should have come
from info@xxxxxxxxxxxxxxxxxxxxxxxxxxxx, which is the email address utilized
by the Class Administrator to send out the notice. If the email you received
was not from this email address, then it may not be legitimate.
>
> Also, the notice will not ask you to provide your account password for any
reason. The only information you will ever be asked to supply about your
eBay account is your name and the email address(es) and eBay username(s). If
the notice includes a request for you to supply any other information, such
as your account password, it is not a valid notice. If you have any concerns
about the validity of the notice you received, you should not use any links
or contact information contained in the notice you received. Instead, you
can find out details about the Lawsuit through the official website,
wwwebaymotorsfeeclassaction.com.
>
> Regards,
> nino
> eBay Community Team
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