Important Update: On June 15, 2012, the Court approved the Revised Class Action Settlement as fair, reasonable and adequate. Certain objectors to the Settlement appealed the Court’s approval of the Settlement. Those appeals are now resolved. On or about October 19, 2012, pro-rata cash awards were distributed via Paypal and check to eligible Settlement Class members who submitted a Valid Claim Form.
Overview
A settlement has been proposed in a class action lawsuit involving persons who registered with or subscribed to www.classmates.com during the Class Period.
In this case, Plaintiffs filed two lawsuits, which were consolidated, against Classmates Online, Inc. (which is now known as Memory Lane, Inc.), Classmates Media Corporation, and United Online, Inc. (“Defendants”) relating to www.classmates.com’s subscriber email practices and user privacy.
Defendants denied and continue to deny Plaintiffs’ claims and contend that the Litigation was not suitable for class action treatment. Defendants have nevertheless concluded this Litigation should be resolved subject to and on the terms and conditions set forth in the Revised Class Action Settlement Agreement.
Who Is Included?
The 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 (the “Class Period”).
For further details on whether you are included in the Settlement Class, please consult the Notice or contact the Settlement Administrator.
What Does the Settlement Provide?
Each Settlement Class member who submitted a Valid Claim Form will receive a cash award (payable via PayPal or via physical check). 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 submitted Valid Claim Forms. For example, if 250,000 class members submitted Valid Claim Forms, each will receive $10. As another example, if 500,000 class members submitted 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. In addition, the Defendants have agreed to certain Injunctive Relief Terms that will benefit all Settlement Class members.
For a more detailed explanation of the Settlement, view the Notice.
How Do You Ask For a Payment?
The deadline to submit a Claim Form was November 18, 2011.
If you submitted a Claim Form (either for a coupon or for a cash payment) in response to the Prior Settlement, you did not need to submit a new Claim Form. Unless you notified the Settlement Administrator that you wanted to exclude yourself from this lawsuit, you will receive a cash award if the court grants final approval to the Settlement.
What Are Your Other Options?
If you did not want a payment from this Settlement, but you wanted to keep the right to sue or continue to sue Defendants on your own about the same legal issues in this case, you must have excluded yourself by November 18, 2011. If you excluded yourself, you can’t get a payment or credit from this Settlement.
The deadline to object to the Settlement was November 18, 2011.
The Court held a hearing on December 15, 2011, to consider whether to approve the settlement and a request by the lawyers representing all Settlement Class members. On June 15, 2012, the Court approved the Revised Class Action Settlement as fair, reasonable and adequate.
