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

[tom jennings <tomj@xxxxxxx>]

me too. might even be legit. likely we'll all get .0000001 cent checks.





On Fri, Jan 14, 2011 at 20:08, Armand Eshleman <aje1@xxxxxxxxxxxxxxx> wrote:

> 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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