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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