Tweet
I just got this email today, has anyone else that sells cars on eBay received one? I've only sold one car on there, and the fees were around $70... I wonder how much of that I will be refunded?
Please read the notice below carefully as your rights may be affected.
IMPORTANT LEGAL NOTICE – PLEASE DO NOT DELETE
A. INTRODUCTION
You are receiving this notice because eBay’s records show that you paid Final Value Fees for selling items in the vehicle-related parts and accessories categories on eBay Motors (“Parts and Accessories”) 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 “Brice Yingling d/b/a Alamo Auto Sports and Andy Scott vs. eBay, Inc.,” Case No. C-09-01733 (the “Lawsuit”). 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 “Class Members”:
All persons who paid so-called Final Value Fees in conjunction with a listing of an item within eBay, Inc.’s defined category of “Parts & Accessories” 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 “Class Counsel” and to represent the Class Members as their attorneys. The Court’s 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 eBay’s Store Inventory Format are excluded from the Settlement. This group of persons is the “Settlement Class.” eBay’s 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 eBay’s 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 attorneys’ 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 eBay’s records. Payment will be sent to you at the address in eBay’s records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS EMAIL unless you update your mailing address at the following web address:************* 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 eBay’s 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 eBay’s 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 – 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 EBAY’S 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.
Please read the notice below carefully as your rights may be affected.
IMPORTANT LEGAL NOTICE – PLEASE DO NOT DELETE
A. INTRODUCTION
You are receiving this notice because eBay’s records show that you paid Final Value Fees for selling items in the vehicle-related parts and accessories categories on eBay Motors (“Parts and Accessories”) 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 “Brice Yingling d/b/a Alamo Auto Sports and Andy Scott vs. eBay, Inc.,” Case No. C-09-01733 (the “Lawsuit”). 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 “Class Members”:
All persons who paid so-called Final Value Fees in conjunction with a listing of an item within eBay, Inc.’s defined category of “Parts & Accessories” 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 “Class Counsel” and to represent the Class Members as their attorneys. The Court’s 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 eBay’s Store Inventory Format are excluded from the Settlement. This group of persons is the “Settlement Class.” eBay’s 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 eBay’s 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 attorneys’ 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 eBay’s records. Payment will be sent to you at the address in eBay’s records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS EMAIL unless you update your mailing address at the following web address:************* 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 eBay’s 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 eBay’s 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 – 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 EBAY’S 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.
Comment