I got this in my e-mail. Anyone else use Classmates at some point and get this e-mail?
TO: All Persons residing in the United States who were registered with or subscribed to
www.classmates.com (“Classmates”) at any time beginning on October 30, 2004 through February 23, 2011 (the “Settlement Class”).
IF THE COURT GIVES FINAL APPROVAL, THIS SETTLEMENT WILL AWARD YOU AN ESTIMATED $10 IN CASH, PLUS OTHER BENEFITS.
TO CLAIM YOUR CASH AWARD, YOU MUST SUBMIT A CLAIM FORM.
YOU MAY ALSO EXCLUDE YOURSELF FROM THIS LAWSUIT OR OBJECT TO THE SETTLEMENT. YOU MAY ALSO DO NOTHING, IN WHICH CASE YOU WILL STAY IN THE LAWSUIT AND GIVE UP CLAIMS AGAINST CLASSMATES, BUT RECEIVE NO CASH AWARD.
PARTICIPATING IN THIS SETTLEMENT WILL COST YOU NOTHING.
AS PART OF THE SETTLEMENT, LAWYERS FOR THE SETTLEMENT CLASS (“Class Counsel”) WILL REQUEST ATTORNEYS’ FEES AND COSTS.
THIS NOTICE ONLY SUMMARIZES THE SETTLEMENT. COMPLETE INFORMATION ON THE SETTLEMENT IS AVAILABLE AT THE SETTLEMENT WEBSITE (
www.cmemailsettlement.com).
PLEASE DO NOT CALL THE COURT, CLASSMATES, OR CLASS COUNSEL. PLEASE DO NOT PRESS THE “REPLY” BUTTON TO RESPOND TO THIS EMAIL NOTICE. NO ONE WILL RESPOND TO REPLIES TO THIS EMAIL.
1. WHY DID I GET THIS SETTLEMENT NOTICE?The court has approved this notice to tell you about a settlement in the class action lawsuit entitled In re Classmates.com Consolidated Litigation, United States District Court for the Western District of Washington, Case No. 09-45RAJ. This Settlement replaces the settlement you were notified about in 2010 (the “Prior Settlement”) because the court did not give final approval to the Prior Settlement.
2. WHAT IS THIS LAWSUIT ABOUT?This lawsuit asserts class action claims against Classmates. Among other things, the lawsuit claims that Classmates sent e-mail to subscribers of
www.classmates.com that violated the law and the privacy rights of subscribers. Classmates denies wrongdoing, but it has agreed with class representatives and Class Counsel that a settlement is appropriate. Both sides agree that because of the risks and expenses of continuing this lawsuit, this settlement is fair.
3. WHO DOES THE SETTLEMENT COVER?As explained above, this Settlement is offered to a Settlement Class that includes:
All Persons residing in the United States who were registered with or subscribed to
www.classmates.com at any time beginning on October 30, 2004 through February 23, 2011.
If you have questions about whether you were correctly identified as a Settlement Class member, please contact the Settlement Administrator at the address in Section 5 below.
4. WHAT WILL THE SETTLEMENT GIVE ME?Each Settlement Class member who submits a valid Claim Form will receive a cash award (payable via PayPal or via physical check). The amount of the cash award cannot be determined in advance, but is estimated to be $10 for each Settlement Class member.
The cash award will be determined by dividing the $2.5 million that Classmates has agreed to pay by the number of Settlement Class members who submit valid Claim Forms. For example, if 250,000 class members submit valid Claim Forms, each will receive $10. As another example, if 500,000 class members submit valid Claim Forms, each will receive $5. There are as many as 60 million Settlement Class members. Based on the participation rates in the Prior Settlement, it is estimated that each participating Settlement Class member will receive about $10. This is only an estimate, no one knows in advance how much this settlement will pay each claimant, and no one will know until the deadline for submitting claims passes.
In addition to the cash award, the Settlement will require Classmates to change certain business practices for two years. Among other things, Classmates will no longer use the term “guestbook” as a stand-alone term in the subject line of the emails it sends to its subscribers, but will instead call it “Classmates® Guestbook”. The “Classmates® Guestbook” feature will be described in the footer of those emails as follows:
WHAT IS CLASSMATES® GUESTBOOK?: When most Classmates members visit your profile, their names will automatically be listed in your Classmates® Guestbook. Any member can leave their name in any other member’s Classmates® Guestbook simply by visiting that member’s profile, so you might not know everyone who signed yours. For more information, see our Classmates® Guestbook Help Article.
A complete description of the business practices that Classmates has agreed to change is at the Settlement Website (
www.cmemailsettlement.com).
5. HOW DO I GET THE CASH AWARD?To receive a cash award, you must submit a valid Claim Form no later than November 18, 2011. You may submit a Claim Form online. To access the Claim Form, click this link or go to
https://cert.gardencitygroup.com/clm/fs/claim and input this Claim number and this Control number:
Claim #73791810 Control # 0445335130
Please read the Claim Form instructions carefully, fill it out completely, and electronically sign it under penalty of perjury. Once you have filled it out, you may submit it either by email or by First Class U.S. Mail.