How many of you got one of these?
----- Original Message -----
Sent: Friday, January 14, 2011 3:07 PM
Subject: eBay Motors Fee Class Action (7368433)
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.
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
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***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,
www.ebaymotorsfeeclassaction.com.
Regards,
nino
eBay Community Team
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