EMAIL DETAILS
SUBJECT:
Important Legal Notice - FINAL NOTICE
PRI: NORMAL
FROM:
A
administrator@qgemail.com
DATE:
2015-09-04 19:04:22
MSG_ID:
<16824604.345434@qgemail.com>
RECIPIENTS:
TO:
R
rhb@rspdc.com
CONTENT:
TEXT: YES |
HTML: YES
PROCESSED
RE: LEGAL NOTICE OF CLASS ACTION SETTLEMENT IF YOU PURCHASED MACKEEPER SOFTWARE ON OR BEFORE JULY 8, 2015, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS. A Federal Court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. A settlement has been reached in a class action lawsuit against ZeoBIT LLC, the makers of MacKeeper software. The lawsuit alleges that ZeoBIT deceptively advertised and sold MacKeeper as capable of enhancing a Macintosh computer\u2019s speed, performance, and security by detecting and eliminating harmful errors and threats, but that it does not and cannot perform all of the functions advertised. ZeoBIT denies any wrongdoing, and the settlement does not establish that any law has been broken. The lawsuit is called Yencha v. ZeoBIT LLC, No. 14-cv-00578 and is in the U.S. District Court for the Western District of Pennsylvania. You need not live in Pennsylvania to participate. \u2022 Why Am I Being Contacted? Our records show you may be a \u201cSettlement Class Member\u201d entitled to payment under the Settlement. Settlement Class Members are those people who live in the United States or its territories and purchased MacKeeper on or before July 8, 2015. \u2022 What Can I Get From the Settlement? Settlement Class Members can submit a valid claim by November 30, 2015 to receive a payment of up to $39.95 from a $2,000,000 Settlement Fund, after payment of the costs of administering the settlement, the attorneys\u2019 fee award, and any incentive award to the plaintiff. The amount of the payment to Settlement Class Members depends upon the number of valid claims filed. There are approximately 513,000 individuals in the Settlement Class. Based upon class member participation in other similar settlements, the Parties anticipate that each Settlement Class Member that submits an approved claim in this case will receive a payment of $39.95. If, however, the amount required to pay each class member exceeds the amount of the Settlement Fund (after paying fees and expenses), then each Settlement Class Member who filed a valid claim will receive a proportionally reduced share of the Settlement Fund. If there is still money left in the Settlement Fund after all payments are made, the money will be donated to non-profit organizations. File your claim online here at http://www.YenchaSoftwareSettlement.com by November 30, 2015. To request a paper copy, call toll-free 1-877-315-1149. \u2022 How Do I Get My Payment? Just click https://yenchasoftwaresettlement.com/mainpage/ClaimForm.aspx and complete the short and simple Claim Form. More information is available at http://www.YenchaSoftwareSettlement.com. You can also call 1-877-315-1149 to request a paper copy of the Claim Form. All Claim Forms must be postmarked or received by November 30, 2015. \u2022 What Are My Options? You can do nothing, submit a Claim Form, comment on or object to any of the Settlement terms, or exclude yourself from the Settlement. If you do nothing or submit a Claim Form, you won\u2019t be able to sue ZeoBIT in a future lawsuit about the claims addressed in the Settlement. If you exclude yourself, you won\u2019t get a payment\u2014but you\u2019ll keep your right to sue ZeoBIT on the issues the settlement concerns, unless otherwise ordered by the Court. You must contact the settlement administrator by mail or e-mail to exclude yourself. You can also object to the settlement if you disagree with any of its terms. All Requests for Exclusion and Objections must be postmarked or received, and all Objections must be filed with the Court, by September 21, 2015. For a more detailed description of the claims that you will be releasing if you do not request to exclude yourself from the Settlement, see paragraph 1.24 on pages 7\u20138 of the Settlement Agreement. \u2022 Do I Have a Lawyer? Yes. The Court has appointed lawyers from Edelson PC to represent you as \u201cClass Counsel.\u201d You will not be charged for these lawyers. You can hire your own lawyer, but you\u2019ll need to pay your own legal fees. The Court has also appointed Holly Yencha \u2014a class member like you\u2014to represent the Class. \u2022 When Will the Court Consider the Proposed Settlement? The Court will hold a hearing to determine the fairness of the settlement at 1:30 P.M. on October 16, 2015 at the United States Courthouse, Pittsburgh Division, 700 Grant Street, Pittsburgh, Pennsylvania 15219 in Courtroom 5A before Judge Joy Flowers Conti. At that hearing, the Court will hear objections, determine if the Settlement is fair, and consider Class Counsel\u2019s request for fees and expenses of up to one-third (1/3) of the Settlement Fund and an award for the Class Representative of up to $1,000. The Court may award less than these amounts. The hearing may be postponed to a different date or time without notice, so check http://www.YenchaSoftwareSettlement.com for updates. You are not required to come to this hearing. \u2022 Want More Information? This notice is a summary. For a detailed notice or to see the Settlement Agreement and other court documents, go to http://www.YenchaSoftwareSettlement.com, call the settlement administrator at 1-877-315-1149 or call Class Counsel at 1-866-354-3015. The Agreement and all other pleadings and papers filed in the case are available for inspection and copying during regular business hours at the office of the Clerk of the U.S. District Court of the Western District of Pennsylvania, Pittsburgh Division, located at the United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania 15219. Do not contact the Court or MacKeeper with questions. By Order of the Court Dated: July 16, 2015
METADATA:
THREAD:
INDEX:
AdhhpCkRhPp8nL0tRGOIhco5HUIEJw==