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DPChallenge Forums >> General Discussion >> Class action lawsuit against ValueClick, Inc.
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09/08/2008 07:30:25 PM · #1
Wowzers, I just received a postcard from a Settlement Administrator all the way from Portland, Oregon, telling me I'm a class member in a lawsuit against some affiliate marketing networks. w00t! I'm gonna be rich!

It reads:

********************
Notice Regarding: Settlement Recovery Center et al. v. ValueClick, Inc et al., No. 2:07 - cv-02638-FMC-CTx

If you joined or were a member of the affiliate marketing networks operated by ValueClick, Inc., Commission Junction and/or Be Free (collectively "Defendants"), between April 20, 2003 and the present, you may be a class member in Settlement Recovery Centre et al., v. ValueClick et al., a lawsuit in the Central District of California.

The lawsuit alleges that Defendants inadequately monitored Commission Junction's ("CJ") Network and failed to make sufficient disclosures to members about software designed to steal or divert publisher commissions and commission theft or "hijacking" by third parties on CJ's network.

If you are a member of the class, you may have valuable legal rights that will be affected by whether you act or do not act.

You should review the Settlement Notice as soon as possible as there are important deadlines that you must meet to take certain actions in connection with this proposed settlement.

The deadline for filing an objection or excluding yourself from the proposed settlement is September 30th 2008; if you do not exclude yourself from the class, you will be bound by the settlement terms.

For further information and a copy of the Settlement Notice, visit www.CJSettlement.com.
********************

What I'm a little concerned about, after reading the documents in that link, is that I couldn't locate any info on what class members would be "bound by" in the event the Defendants win...

Anyone else receive a notice like this, either by email or snail mail? To be honest, I can't even remember when I joined an affiliate program, but there you have it :)
09/08/2008 07:44:09 PM · #2
Yeah, we get emails like that all the time. I have so many rich uncles I didn't know about it's not funny.
09/08/2008 07:55:20 PM · #3
Looks fairly genuine to me - article on arstechnica.
09/08/2008 08:00:32 PM · #4
Originally posted by Manic:

Looks fairly genuine to me - article on arstechnica.


Excellent! A bit disappointing it's only $1,000,000 though... everyone gets a cheque for $0.50! rofl

Message edited by author 2008-09-08 20:00:41.
09/08/2008 09:25:50 PM · #5
If you opt to join the suit/accept settlement then you'll get whatever the amount ends up, after legal fees, split amongst however many people opt to collect. In return you release them from any further liability to you - so you can't sue on your own and win for the same issue.
09/08/2008 11:27:58 PM · #6
Originally posted by Prof_Fate:

If you opt to join the suit/accept settlement then you'll get whatever the amount ends up, after legal fees, split amongst however many people opt to collect. In return you release them from any further liability to you - so you can't sue on your own and win for the same issue.


[penny drops finally] Ahh, was wondering what "bound by the settlement terms" meant. I'd been looking at the answer right in front of me. Thank you for the plain speak!
09/08/2008 11:33:18 PM · #7
"Motorola V710 Class Action Lawsuit for crippled Bluetooth", Sep 30, 2005

1) ...Customers who selected the $25.00 credit (Option 1) will not be contacted but instead will see this credit reflected on their bill...

2) ...to terminate the line for which you activated your V710 phone without an early termination fee...

3) ...amount of your refund under Option 3 is limited to the lesser of the amount you spend on your new phone and accessories or the amount you paid for your V710 and accessories (or $200 without receipts...

The law group got something like 6 to 18 Millon in fees, I read it in the fine print I recieved.
I got a $25 credit on my monthly bill.

References: Verizon Wireless V710 Settlement PDF File: Settlement Agreement
09/08/2008 11:45:42 PM · #8
Originally posted by justamistere:

The law group got something like 6 to 18 Millon in fees, I read it in the fine print I recieved.
I got a $25 credit on my monthly bill.


Crazy. I guess this is just a way for class action lawyers to make a living? It's really not about the consumer at all :(

Mind you, not that I've lost anything to affiliate marketers, but if other members of the class action have, I suspect $0.50 is going to be a huge slap in the face.
09/08/2008 11:56:47 PM · #9
Originally posted by rinac:

Originally posted by justamistere:

The law group got something like 6 to 18 Millon in fees, I read it in the fine print I recieved.
I got a $25 credit on my monthly bill.


Crazy. I guess this is just a way for class action lawyers to make a living? It's really not about the consumer at all :(

Mind you, not that I've lost anything to affiliate marketers, but if other members of the class action have, I suspect $0.50 is going to be a huge slap in the face.

You right. I will put it this way... I was part of a class action lawsuit in the amount of $100,000,000.00 (yes you read it correctly). The amount of people included in this lawsuit was less than 8,000. So lets do some math, $100,000,000 / 8,000 = $12,500 per person. I know the lawyers have to be paid so lets say they get 30%. Now were looking at $12,500 * 70% = $8,750. Not bad that's still a good amount of money per person. Care to know what almost everyone received?

$100.00 and it took over 5 years to get. WOW!

Oh btw had to include on my taxes because they sent me a 1099.

So guess who got rich? LAWYERS!
09/09/2008 12:43:29 AM · #10
Reading through the Settlement Agreement again, I find this:

"... the Parties and their counsel have agreed that in addition to payments made towards the creation of Common Funds, as described above, Defendants will pay Class Counsel's fees, expenses and costs in an amount to be approved by the Court ...... Class Counsel will file a motion for reimbursement of reasonable out-of-pocket litigation costs up to $25,000 and for attorneys' fees not to exceed $475,000. Defendants will not oppose this request ..."

If I understand that part correctly, it appears as though legal fees will not be deducted from the Common Fund ($1m). However, it goes to say there are "Settlement Administrative" costs of at least $100,000 that will be deducted and any amount exceeding $115,000 will divided equally between Common Fund and the Defendants. Hmmm... wonder how much that will end up being...

Oh well, it was fun dreaming of that 50c while it lasted ;)
09/09/2008 01:58:09 AM · #11
Class action suits are merely ways for lawyers to make money. Well, I suppose they can get corporations to change behavior, but you won't see much in $$$. Blue Cross insurance was found guilty to the tune of $139 million. I'm part of that class. I bet I get $100 like Scott...
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