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Frequently Asked Questions
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- What is this case about?
- Who is a Settlement Class Member?
- What benefits are provided to Settlement Class Members?
- Who is paying the costs associated with the Settlement?
- How do I submit a claim for a Refund?
- What happens if a claim for a Refund is rejected?
- How do I exclude myself from (“opt out” of) the Settlement
Class?
- How do I object to the Settlement?
- What is the difference between objecting to the Settlement
and excluding myself?
- What claims are being released?
- Who represents me?
- How much will Class Counsel be paid?
- What is the award to the Class Representatives?
- When will the court determine the fairness of the
Settlement?
- Do I have to attend the Fairness Hearing?
- May I speak or object at the Fairness Hearing?
- Where do I obtain more information?
- What
is the case about?
This class action was brought in 2006 by several Yahoo! pay-per-click search advertising
customers. They allege that customers contracted for targeted ad placements through
two products, “Sponsored Search” and “Content Match” (and predecessor products provided
by Overture Services, Inc. and GoTo.com, Inc.) and that Yahoo! breached its contract
with its customers by allowing Yahoo! ads to be displayed in spyware, domain name
parking sites (bulk registration sites), pop-ups, pop-unders, and typosquatting
sites. Plaintiffs brought claims for breach of contract, unjust enrichment, misrepresentation
and civil conspiracy, and unfair business practices.
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- Who
is a Settlement Class Member?
The Class consists of all individuals or entities that purchased pay-per-click text
advertising (referred to in the Notice as “Yahoo! Ads”) in the U.S. Marketplace,
whether directly from Yahoo! or its predecessors Overture Services, Inc. or GoTo.com,
Inc., or indirectly from an advertising agent, at any time from May 1, 2000 until
September 22, 2009.
Pay-per-click text advertising includes the Yahoo! Search Marketing products currently
known as “Sponsored Search” and “Content Match,” as well as predecessor products
provided by Overture Services, Inc. and GoTo.com, Inc.
Excluded from the Class are Yahoo!, Overture Services, Inc. or GoTo.com, Inc. customers
that did not purchase pay-per-click text advertising in the U.S. Marketplace. (For
example, any Yahoo! customer that only purchased banner advertising, but not pay-per-click
text advertising, is not part of the Class.) The “U.S. Marketplace” refers to Yahoo!’s
ad “marketplace” covering the United States and English-speaking Canada.
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- What
benefits are provided to Settlement Class Members?
Please refer to the Notice and Settlement Agreement for more detailed information
on the benefits available to Settlement Class Members.
A summary of the benefits to the Class is as follows:
As a result of the Action, Yahoo! has agreed to develop and offer a new ad placement
option (referred to in the Notice and in the Settlement Agreement as the “Ad Placement
Option,” but which may have a different name once launched) that will enable Yahoo!
customers to control where their Yahoo! ads appear.
Yahoo! has agreed to make best efforts to launch the Ad Placement Option as early
as the first quarter of 2010, but in no event later than September 30, 2010. Before
the Ad Placement Option is launched, Yahoo! will post additional information about
the Ad Placement Option on the “Traffic Quality” portion of its website (http://searchmarketing.yahoo.com/trafficquality/index.php).
Please refer to the Notice and Settlement Agreement for more detailed information
on the Ad Placement Option.
“Enhanced Disclosures” - Yahoo! will post enhanced disclosures on the “Traffic Quality”
portion of its website about where Yahoo! Ads may appear on the Internet. These
disclosures will provide information about the “Ad Placement Option”, including
a link to a Yahoo! webpage with instructions for using the “Ad Placement Option”.
“Enhancements to the Click Investigation Request Tool” - Yahoo! will modify its
click investigation request tool to allow advertisers to ask questions or request
investigations regarding certain Yahoo! advertising partners. Yahoo! will also add
language to the Traffic Quality section of Yahoo! website notifying advertisers
that they can request investigations of partners.
“Refunds to Class Members who are Out of Business” - Yahoo! will pay a $20 refund
to eligible Class Members who are out of business. In order to apply for a refund,
eligible Class Members must: complete the Claim Form available on this website,
or in paper form if they download the paper version of the Claim Form, or request
a paper Claim Form from the Claims Administrator, at the telephone number or address
listed below:
In re Yahoo! Settlement Administrator
c/o Rust Consulting, Inc.
P.O. Box 2241
Faribault MN 55021-1641
1-877-434-3068
Please refer to the Notice and Settlement Agreement for more detailed information
on the benefits available to Settlement Class Members, including the potential impact
of an agreement between Yahoo! and Microsoft as it relates to those benefits.
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- Who
is paying the costs associated with the Settlement?
Yahoo! will pay the costs of Notice and claims administration. Yahoo! will also
pay the Plaintiffs’ attorneys’ fees and costs, and service awards to the Class Representatives.
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- How
do I submit a claim for a Refund?
Any eligible Class Member wishing to apply for the Refund must complete and submit
the Claim Form online at this website (or in paper form if the Class Member downloads
the paper version of the Claim Form on this website or requests such paper Claim
Form from the Claims Administrator) no later than March 22, 2010.
If you wish to submit a paper Claim Form, the date of the postmark on the mailing
envelope shall be the sole and exclusive method of determining whether the Claim
Form was timely submitted.
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- What
happens if a claim for a Refund is rejected?
If there is a conflict between your information and Yahoo!’s records, then the Claims
Administrator will notify you of the basis for the conflict (for example, the Client
Identification number does not match Yahoo!’s records), and you will have one opportunity
to attempt to resolve the conflict by resubmitting a new, fully completed Claim
Form to the Claims Administrator. The Claims Administrator will forward completed
Claim Forms to Yahoo! for a determination of eligibility for a Refund.
If Yahoo! determines that you are not eligible for a Refund, Yahoo! will send a
“Notice of Denied Claim,” and you may seek an independent review of Yahoo!’s determination
by a Special Master. Please review the Notice and Paragraph 50(j)-(m) of the Settlement
Agreement for further details concerning the Special Master’s independent review.
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- How
do I exclude myself from (“opt out” of) the Settlement Class?
Class Members who wish to exclude themselves from the Class must submit a written
statement requesting exclusion from the Class on or before December 14, 2009. Any
written request must be submitted by completing the online opt-out form available
on this website or by sending a written request for exclusion to the Claims Administrator,
Class Counsel and Yahoo!’s Counsel by postal mail. If you exclude yourself from
the Class, you will not be eligible to receive a Refund and will not be considered
to have released any claims against Yahoo! under the Settlement.
In order for the exclusion to be effective, all items on the online opt-out form
must be completed. If you send in your request for exclusion by postal mail, you
must include the business name, address and Yahoo! Ads Client ID number(s) of the
Yahoo! advertiser seeking exclusion, indicate that you wish to be excluded from
the Class, sign the request and mail it to the Claims Administrator, Class Counsel
and Yahoo!’s Counsel, at the addresses listed in the Notice.
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- How
do I object to the Settlement?
If you do not exclude yourself from the Settlement, you have the right to object
to or comment on the Settlement and the request for attorneys’ fees and costs and
service awards to the Class Representatives. Please follow the instructions in the
Settlement Notice for objecting to the Settlement.
If you wish to object to the Settlement, you must, on or before December 14, 2009,
file your objection with the Court at:
Office of the Clerk
U.S. District Court for the Central District of California, Western Division
312 N. Spring Street
Los Angeles CA 90012
You must also serve a copy of your objection by email or first class mail on Class
Counsel and Yahoo!’s Counsel at the addresses listed in the Notice.
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- What
is the difference between objecting to the Settlement and excluding myself?
Exclusion means you will not be bound by the Settlement and shall not have any right
to object, appeal or comment on the Settlement. Objection means you did not exclude
yourself from the Settlement and will be bound by the Settlement and shall have
the right to object, appeal or comment thereon. You cannot both object and opt out.
Only Settlement Class members may object to the Settlement, and people who have
opted out are no longer Settlement Class members.
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What claims are being released?
Please review the Settlement Agreement available on this website for a complete
definition of “Released Claims”.
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Who represents me?
The Court has appointed Michael J. Boni and Michael D. Donovan to represent you
and other Settlement Class Members, and their contact information is as follows:
Michael J. Boni
Joshua D. Snyder
Boni & Zack LLC
15 Saint Asaphs Road
Bala Cynwyd, PA 19004
mboni@bonizack.com
jsnyder@bonizack.com
Michael D. Donovan
Donovan Searles, LLC
1845 Walnut Street, Suite 1100
Philadelphia, PA 19103
mdonovan@donovansearles.com
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How much will Class Counsel be paid?
Class Counsel will apply for attorneys’ fees of $4,170,000.00, plus reimbursement
of expenses of approximately $100,000. Yahoo! has agreed to pay those fees and expenses
in addition to providing the other settlement benefits described above. Attorneys’
fees and reimbursement of costs must be approved by the Court.
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What is the award to the Class Representatives?
Class Counsel will apply for services awards to three Class Representatives of $10,000
each. Yahoo! has agreed to pay those service awards in addition to providing the
other settlement benefits described above. Service awards to Class Representatives
must be approved by the Court.
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When will the court determine the fairness of the Settlement?
The Court will hold a hearing (a “Fairness Hearing”) on January 11, 2010 at 10:00
a.m., at the United States Courthouse, 312 N. Spring St., Los Angeles, CA 90012,
Courtroom No. 5. At the Fairness Hearing, the Court will consider whether the Settlement
is fair, adequate and reasonable and will decide whether to approve the Settlement
and the motion for attorneys’ fees and expenses. If comments or objections have
been received, the Court will consider them at this time.
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Do I have to attend the Fairness Hearing?
No, attendance is not required, even if you properly mailed an objection. Class
Counsel will answer the Court’s questions. If you want to attend the Fairness Hearing,
you may do so at your own expense.
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May I speak or object at the Fairness Hearing?
You may appear at the hearing in person or, if you are represented by an attorney,
your attorney may appear in person, and state why the Settlement or any part of
the Settlement should not be approved. However, you will not be entitled to be heard
at the Final Approval Hearing, whether individually or through counsel, unless written
notice of your intention to appear at the Final Approval Hearing is timely filed
with the Court and served on Class Counsel and Yahoo!’s Counsel at the addresses
listed in the Notice.The date of the postmark on the mailing envelope will determine
whether a notice of intention to appear is timely.
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Where do I obtain more information?
The Settlement Agreement, its attachments and the other legal documents that have
been filed with the Court in this lawsuit contain more details about the Settlement,
and are available on this website. Legal documents are also available during regular
office hours at the Office of the Clerk, U.S. District Court for the Central District
of California, Western Division, 312 N. Spring Street, Los Angeles, CA 90012. If
you have questions about the Settlement, you may write or call the Claims Administrator:
In re Yahoo! Settlement Administrator
c/o Rust Consulting, Inc.
P.O. Box 2241
Faribault MN 55021-1641
1-877-434-3068
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