I just got this email (it went to the right email account for my ebay
account.)
Does anyone know if there is a way to validate this as true or a scam?
Ebay, wouldn't tell me if it was true. There is a Snopes on an earlier
case, but I can't find anything on this one.
Thanks in advance...
BTW, the pacer information listed at the end is a pay to use government
site, so I didn't do that search.
Moose
"Be as beneficent as the sun or the sea, but if your rights as a rational
being are trenched on, die on the first inch of your territory." Ralph
Waldo Emerson
----- Forwarded by Eric Petrevich/Megageek on 01/14/2011 07:00 -----
:
Please read the notice below carefully as your rights may be affected.
IMPORTANT LEGAL NOTICE b PLEASE DO NOT DELETE
A. INTRODUCTION
You are receiving this notice because eBaybs records show that you paid
Final Value Fees for selling items in the vehicle-related parts and
accessories categories on eBay Motors (b
Parts and Accessoriesb
) 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
b
Brice Yingling d/b/a Alamo Auto Sports and Andy Scott vs. eBay, Inc.,b
Case No. C-09-01733 (the b
Lawsuitb
). 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 b
Class Membersb
:
All persons who paid so-called Final Value Fees in conjunction with a
listing of an item within eBay, Inc.bs defined category of b
Parts &
Accessoriesb
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
b
Class Counselb
and to represent the Class Members as their attorneys. The
Courtbs 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 eBaybs Store Inventory Format are excluded from the
Settlement. This group of persons is the b
Settlement Class.b
eBaybs
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 eBaybs 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 attorneysb 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 eBaybs records. Payment will be sent to you at
the address in eBaybs records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS
EMAIL unless you update your mailing address at the following web
address:B-B-B-B-B-B-B-B-B-B-B-B-B- 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 eBaybs 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 eBaybs 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 b 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 EBAYbS 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 Memberbs 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 Courtbs 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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