Beachkid23
Silver Member
This was an email I got just now. About 10 o'clock at night on Saturday.
Class Member ID: 308367FZGM4NJ
Click here to file a claim Form
NOTICE OF CLASS ACTION SETTLEMENT
You are not being sued. This notice affects your rights. Please read it carefully
To:
All eBay sellers in the United States who paid Listing Fees to place a "Buy It Now" Listing on eBay’s websites during the period from July 30, 2008 to September 10, 2015, whose item was subsequently delisted when the "Buy It Now" button was selected by a prospective buyer prior to the end of the scheduled listing duration, who were not ultimately paid by the prospective buyer for the listed item, and whose Listing Fees were not refunded by eBay ("Class Members").
On September 10, 2015, the Honorable Edward J. Davila of the U.S. District Court, Northern District of California granted preliminary approval of this class action settlement and ordered the litigants to provide this notice about the settlement. You have received this notice because eBay's records indicate that you may be a Class Member, and may be eligible to receive a payment from the settlement. Please visit LUIS ROSADO V. EBAY INC. for more information. The Final Approval Hearing on the adequacy, reasonableness, and fairness of the Settlement will be held at 9:00 a.m. on February 25, 2016 in Courtroom 4 of the U.S. District Court, Northern District of California located at 280 South 1st Street, San Jose, CA 95113. You are not required to attend the Final Approval Hearing, but you are welcome to do so.
SUMMARY OF THE LITIGATION
Plaintiff Luis Rosado brought this putative class action against eBay on July 30, 2012. This case involves certain specific aspects of the "Buy it Now" feature, which allows prospective buyers to purchase an item listed for sale on eBay at a fixed price before the end of the designated listing period (e.g., 3, 5, 7, 10, or 30 days). The "Buy It Now" option can be used with an auction-style listing or on its own. During the relevant time periods, when a prospective buyer clicked the "Buy It Now" button in a listing to initiate a purchase, eBay automatically delisted the item. However, the buyer would still need to complete the payment process. If the buyer failed to do so, eBay did not automatically relist the item for the remaining duration of the listing period. Plaintiff alleges that in such circumstances, eBay deprived sellers of the full value of their listing and seeks to recover a portion of the fees that sellers paid for the disputed listings. Based on the foregoing allegations, the Second Amended Complaint asserts six causes of action against eBay: (i) violation of California’s False Advertising Law; (ii) violation of the Consumer Legal Remedies Act; (iii) breach of the covenant of good faith and fair dealing; (iv) violation of the Unfair Competition Law; (v) breach of quasi-contract; and (vi) declaratory judgment.
After an information exchange, the parties conducted a private mediation with the guidance of the Honorable Carl J. West (Ret.) of JAMS, an experienced class action mediator, and were able to negotiate a settlement of Plaintiff’s claims.
Counsel for Plaintiff, and the attorneys appointed by the Court to represent the class, Capstone Law APC ("Class Counsel"), have investigated and researched the facts, circumstances, and applicable law related to this case. While Class Counsel believe that the claims alleged have merit, Class Counsel believe that the risk and expense of continued litigation justify the settlement. Based on the foregoing, Class Counsel believe the proposed settlement is fair, adequate, reasonable, and in the best interests of the Class Members.
eBay has denied, and continues to deny, the factual and legal allegations in the case and believes that it has valid defenses to Plaintiff's claims. By agreeing to settle, eBay is not admitting liability on any of the factual allegations or claims in the case or admitting that the case can or should proceed as a class action. eBay has agreed to settle the case as part of a compromise with Plaintiff and in order to avoid the expense and distraction of continued litigation. The Court has not ruled on the merits of Plaintiff's claims or eBay's defenses.
SUMMARY OF SETTLEMENT TERMS
Settlement Fund: Under the Settlement, eBay will pay $1.2 million (the "Gross Settlement Fund"), which will be used to fund: (1) class member settlement payments; (2) attorneys' fees not to exceed 25% of the Gross Settlement Fund and reasonable litigation costs and expenses; (3) a $2,500 incentive award to Plaintiff for his services on behalf of the settlement class and for a general release of all claims he may have against eBay; and (4) the settlement administrator's fees and costs. No portion of the Gross Settlement Fund can be returned to eBay.
Amount of Payments: Class Members who submit a Claim1 (see below) for a Non-Vehicle Listing will receive $5, and Class Members who submit a Claim for a Vehicle Listing will receive $10. Each Class Member can submit only one claim for a Non-Vehicle Listing and one Claim for a Vehicle Listing. The maximum payment to any single class member will generally be $15. If, however, the aggregate payment to Class Members is less than 25% of the Net Settlement Fund (the “Minimum Payout Fund”), then participating class members will receive checks for a pro-rata share of the Minimum Payout Fund.2
Method of Payment: The payments above for Class members who submit Claims will be made by check. Any funds remaining in the Net Settlement Fund (including funds from uncashed checks that revert to the Net Settlement Fund) will be redistributed as follows:
First, all Claimants who have an Active eBay Account at the time of distribution will receive an equal pro-rata share of the unclaimed amount, capped at $50 per class member, to be distributed by eBay in the form of a Credit.
Second, if additional funds remain after this further disbursement of Credits, the remaining funds will be distributed in the form of additional Credits, on a pro-rata basis, to all members of the Notice Group (including class members and non-class members) who have an Active Account at the time of the final disbursement. These Credits, if any, will be aggregated as to each recipient and issued in a single disbursement.
YOUR OPTIONS UNDER THE SETTLEMENT
Option 1 – Submit a Claim Form to Be Eligible for a Cash Payment
If you want to receive a cash payment from the settlement, you must submit a Claim Form. You need to complete the Claim Form no later than December 8, 2015. Visit LUIS ROSADO V. EBAY INC. Form to fill out your Claim Form or your can download a claim form and mail it to the Claims Administrator at: Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710.
Option 2 – Opt Out of the Settlement
If you do not wish to participate in the settlement, you may exclude yourself from the settlement class. By opting out of the settlement class, you will not receive anything from the Settlement and will not be bound by the Settlement. Any Class Member who does not submit a valid and timely written Opt-Out/Exclusion Request shall be bound by all subsequent proceedings, orders and judgments.
To make an Opt-Out/Exclusion Request, Class Members must send an email, letter, or postcard to the Claims Administrator at: Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710 providing: (a) the title of the Action: "Luis Rosado v. eBay Inc., Case No. 5:12-CV-04005 EJD"; (b) the full name, address, telephone number (optional) and email address associated with the eBay account of the person requesting exclusion; (c) a statement that he/she does not wish to participate in the Settlement; and (d) a signature of the Class Member requesting exclusion. No Opt-Out/Exclusion Request will be valid unless all of the information above is included. If submitted by mail, the request for exclusion must be postmarked on or before December 8, 2015, with postage paid by the person requesting exclusion. Only Class Members who serve valid and timely Opt-Out/Exclusion Requests will be deemed to have opted out of the Class, unless the Court orders otherwise.
Option 3 – File an Objection with the Court
You can ask the Court to deny approval by filing an objection. You can't ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
You may object to the proposed settlement in writing. All written objections and supporting papers must (a) clearly identify the case name and number (Luis Rosado v. eBay Inc., Case No. 5:12-CV-04005 EJD), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before December 8, 2015.
By filing an objection, you are not excluding yourself from the settlement. To exclude yourself from the settlement, you must follow the directions described above. Please note that you cannot both object to the settlement and exclude yourself. You must choose one option only.
You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. The Final Approval Hearing is currently set for February 25, 2016 at 9:00 a.m. in the U.S. District Court, Northern District of California at 280 South 1st Street, San Jose, CA 95113 in Courtroom 4. The Final Approval Hearing may be adjourned or continued without further notice to Class Members.
CLAIMS RELEASED BY ALL CLASS MEMBERS WHO DO NOT OPT OUT OF THE SETTLEMENT
All Class Members who do not opt out of the settlement by following the instructions above will release the Released Claims, which are defined as all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys' fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating in any way to any of the factual allegations or legal theories that were raised or could have been raised by Plaintiffs in connection with eBay’s "Buy It Now" option.With respect to the Released Claims, Named Plaintiff and all Class Members who do not validly and timely request to be excluded from the settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
ADDITIONAL INFORMATION
This Notice of Class Action Settlement is only a summary of the cases and the settlement. For a more detailed statement of the matters involved in the case and the settlement, you may refer to the pleadings, the Settlement Agreements, and other papers filed in the case.All inquiries by Class Members regarding this Class Notice and/or the settlement should be directed to the Claims Administrator. PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH INQUIRIES.
Questions? Contact the Settlement Claims Administrator toll free at 1-844-528-0186
Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710
1 Capitalized terms have the meanings set forth in the Settlement Agreement available at LUIS ROSADO V. EBAY INC.
2 If the number of Claims timely received would cause the total amount of awards, as calculated above, to exceed the anticipated Net Settlement Fund, the amount awarded per Claim shall be adjusted on a pro-rata basis such that the total awards made in connection with all Claims is equal to the amount of the anticipated Net Settlement Fund. This calculation will be made as follows: (1) For purposes of the calculation, a Claim involving a Vehicle Listing will be deemed two "claim units" and a Claim involving a Non-Vehicle listing will be deemed one “claim unit,” (2) the anticipated Net Settlement Fund will be divided by the total number of “claim units” to determine the amount per claim unit, (3) the amount as determined in (2) will be awarded for each Claim involving a Non-Vehicle listing, and (4) the amount as determined in (2), multiplied by two, will be awarded for each Claim involving a Vehicle listing.
Click here to update your information or stop future mailings.
Class Member ID: 308367FZGM4NJ
Click here to file a claim Form
NOTICE OF CLASS ACTION SETTLEMENT
You are not being sued. This notice affects your rights. Please read it carefully
To:
All eBay sellers in the United States who paid Listing Fees to place a "Buy It Now" Listing on eBay’s websites during the period from July 30, 2008 to September 10, 2015, whose item was subsequently delisted when the "Buy It Now" button was selected by a prospective buyer prior to the end of the scheduled listing duration, who were not ultimately paid by the prospective buyer for the listed item, and whose Listing Fees were not refunded by eBay ("Class Members").
On September 10, 2015, the Honorable Edward J. Davila of the U.S. District Court, Northern District of California granted preliminary approval of this class action settlement and ordered the litigants to provide this notice about the settlement. You have received this notice because eBay's records indicate that you may be a Class Member, and may be eligible to receive a payment from the settlement. Please visit LUIS ROSADO V. EBAY INC. for more information. The Final Approval Hearing on the adequacy, reasonableness, and fairness of the Settlement will be held at 9:00 a.m. on February 25, 2016 in Courtroom 4 of the U.S. District Court, Northern District of California located at 280 South 1st Street, San Jose, CA 95113. You are not required to attend the Final Approval Hearing, but you are welcome to do so.
SUMMARY OF THE LITIGATION
Plaintiff Luis Rosado brought this putative class action against eBay on July 30, 2012. This case involves certain specific aspects of the "Buy it Now" feature, which allows prospective buyers to purchase an item listed for sale on eBay at a fixed price before the end of the designated listing period (e.g., 3, 5, 7, 10, or 30 days). The "Buy It Now" option can be used with an auction-style listing or on its own. During the relevant time periods, when a prospective buyer clicked the "Buy It Now" button in a listing to initiate a purchase, eBay automatically delisted the item. However, the buyer would still need to complete the payment process. If the buyer failed to do so, eBay did not automatically relist the item for the remaining duration of the listing period. Plaintiff alleges that in such circumstances, eBay deprived sellers of the full value of their listing and seeks to recover a portion of the fees that sellers paid for the disputed listings. Based on the foregoing allegations, the Second Amended Complaint asserts six causes of action against eBay: (i) violation of California’s False Advertising Law; (ii) violation of the Consumer Legal Remedies Act; (iii) breach of the covenant of good faith and fair dealing; (iv) violation of the Unfair Competition Law; (v) breach of quasi-contract; and (vi) declaratory judgment.
After an information exchange, the parties conducted a private mediation with the guidance of the Honorable Carl J. West (Ret.) of JAMS, an experienced class action mediator, and were able to negotiate a settlement of Plaintiff’s claims.
Counsel for Plaintiff, and the attorneys appointed by the Court to represent the class, Capstone Law APC ("Class Counsel"), have investigated and researched the facts, circumstances, and applicable law related to this case. While Class Counsel believe that the claims alleged have merit, Class Counsel believe that the risk and expense of continued litigation justify the settlement. Based on the foregoing, Class Counsel believe the proposed settlement is fair, adequate, reasonable, and in the best interests of the Class Members.
eBay has denied, and continues to deny, the factual and legal allegations in the case and believes that it has valid defenses to Plaintiff's claims. By agreeing to settle, eBay is not admitting liability on any of the factual allegations or claims in the case or admitting that the case can or should proceed as a class action. eBay has agreed to settle the case as part of a compromise with Plaintiff and in order to avoid the expense and distraction of continued litigation. The Court has not ruled on the merits of Plaintiff's claims or eBay's defenses.
SUMMARY OF SETTLEMENT TERMS
Settlement Fund: Under the Settlement, eBay will pay $1.2 million (the "Gross Settlement Fund"), which will be used to fund: (1) class member settlement payments; (2) attorneys' fees not to exceed 25% of the Gross Settlement Fund and reasonable litigation costs and expenses; (3) a $2,500 incentive award to Plaintiff for his services on behalf of the settlement class and for a general release of all claims he may have against eBay; and (4) the settlement administrator's fees and costs. No portion of the Gross Settlement Fund can be returned to eBay.
Amount of Payments: Class Members who submit a Claim1 (see below) for a Non-Vehicle Listing will receive $5, and Class Members who submit a Claim for a Vehicle Listing will receive $10. Each Class Member can submit only one claim for a Non-Vehicle Listing and one Claim for a Vehicle Listing. The maximum payment to any single class member will generally be $15. If, however, the aggregate payment to Class Members is less than 25% of the Net Settlement Fund (the “Minimum Payout Fund”), then participating class members will receive checks for a pro-rata share of the Minimum Payout Fund.2
Method of Payment: The payments above for Class members who submit Claims will be made by check. Any funds remaining in the Net Settlement Fund (including funds from uncashed checks that revert to the Net Settlement Fund) will be redistributed as follows:
First, all Claimants who have an Active eBay Account at the time of distribution will receive an equal pro-rata share of the unclaimed amount, capped at $50 per class member, to be distributed by eBay in the form of a Credit.
Second, if additional funds remain after this further disbursement of Credits, the remaining funds will be distributed in the form of additional Credits, on a pro-rata basis, to all members of the Notice Group (including class members and non-class members) who have an Active Account at the time of the final disbursement. These Credits, if any, will be aggregated as to each recipient and issued in a single disbursement.
YOUR OPTIONS UNDER THE SETTLEMENT
Option 1 – Submit a Claim Form to Be Eligible for a Cash Payment
If you want to receive a cash payment from the settlement, you must submit a Claim Form. You need to complete the Claim Form no later than December 8, 2015. Visit LUIS ROSADO V. EBAY INC. Form to fill out your Claim Form or your can download a claim form and mail it to the Claims Administrator at: Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710.
Option 2 – Opt Out of the Settlement
If you do not wish to participate in the settlement, you may exclude yourself from the settlement class. By opting out of the settlement class, you will not receive anything from the Settlement and will not be bound by the Settlement. Any Class Member who does not submit a valid and timely written Opt-Out/Exclusion Request shall be bound by all subsequent proceedings, orders and judgments.
To make an Opt-Out/Exclusion Request, Class Members must send an email, letter, or postcard to the Claims Administrator at: Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710 providing: (a) the title of the Action: "Luis Rosado v. eBay Inc., Case No. 5:12-CV-04005 EJD"; (b) the full name, address, telephone number (optional) and email address associated with the eBay account of the person requesting exclusion; (c) a statement that he/she does not wish to participate in the Settlement; and (d) a signature of the Class Member requesting exclusion. No Opt-Out/Exclusion Request will be valid unless all of the information above is included. If submitted by mail, the request for exclusion must be postmarked on or before December 8, 2015, with postage paid by the person requesting exclusion. Only Class Members who serve valid and timely Opt-Out/Exclusion Requests will be deemed to have opted out of the Class, unless the Court orders otherwise.
Option 3 – File an Objection with the Court
You can ask the Court to deny approval by filing an objection. You can't ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object.
You may object to the proposed settlement in writing. All written objections and supporting papers must (a) clearly identify the case name and number (Luis Rosado v. eBay Inc., Case No. 5:12-CV-04005 EJD), (b) be submitted to the Court either by mailing them to the Class Action Clerk, United States District Court for the Northern District of California at 280 South 1st Street, San Jose, CA 95113, or by filing them in person at any location of the United States District Court for the Northern District of California, and (c) be filed or postmarked on or before December 8, 2015.
By filing an objection, you are not excluding yourself from the settlement. To exclude yourself from the settlement, you must follow the directions described above. Please note that you cannot both object to the settlement and exclude yourself. You must choose one option only.
You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. The Final Approval Hearing is currently set for February 25, 2016 at 9:00 a.m. in the U.S. District Court, Northern District of California at 280 South 1st Street, San Jose, CA 95113 in Courtroom 4. The Final Approval Hearing may be adjourned or continued without further notice to Class Members.
CLAIMS RELEASED BY ALL CLASS MEMBERS WHO DO NOT OPT OUT OF THE SETTLEMENT
All Class Members who do not opt out of the settlement by following the instructions above will release the Released Claims, which are defined as all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys' fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating in any way to any of the factual allegations or legal theories that were raised or could have been raised by Plaintiffs in connection with eBay’s "Buy It Now" option.With respect to the Released Claims, Named Plaintiff and all Class Members who do not validly and timely request to be excluded from the settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives, expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
ADDITIONAL INFORMATION
This Notice of Class Action Settlement is only a summary of the cases and the settlement. For a more detailed statement of the matters involved in the case and the settlement, you may refer to the pleadings, the Settlement Agreements, and other papers filed in the case.All inquiries by Class Members regarding this Class Notice and/or the settlement should be directed to the Claims Administrator. PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR THE JUDGE WITH INQUIRIES.
Questions? Contact the Settlement Claims Administrator toll free at 1-844-528-0186
Rosado v. eBay Settlement, c/o Heffler Claims Group, P.O. Box 710, Philadelphia, PA 19105-0710
1 Capitalized terms have the meanings set forth in the Settlement Agreement available at LUIS ROSADO V. EBAY INC.
2 If the number of Claims timely received would cause the total amount of awards, as calculated above, to exceed the anticipated Net Settlement Fund, the amount awarded per Claim shall be adjusted on a pro-rata basis such that the total awards made in connection with all Claims is equal to the amount of the anticipated Net Settlement Fund. This calculation will be made as follows: (1) For purposes of the calculation, a Claim involving a Vehicle Listing will be deemed two "claim units" and a Claim involving a Non-Vehicle listing will be deemed one “claim unit,” (2) the anticipated Net Settlement Fund will be divided by the total number of “claim units” to determine the amount per claim unit, (3) the amount as determined in (2) will be awarded for each Claim involving a Non-Vehicle listing, and (4) the amount as determined in (2), multiplied by two, will be awarded for each Claim involving a Vehicle listing.
Click here to update your information or stop future mailings.
