yup got the same one...
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
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CHECKMATE STRATEGIC GROUP, INC.,
a Florida corporation, individually, and purportedly
on behalf of all others similarly situated,
Plaintiff vs.,
YAHOO! INC., a Delaware corporation, and DOES 1 THROUGH
100, Inclusive,
Defendants.
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Case No.: CV 05-4588 CAS (FMOx)
NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT
AND PROPOSED HEARING DATE FOR COURT APPROVAL
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THIS NOTICE MAY AFFECT YOUR RIGHTS
PLEASE READ ALL OF IT CAREFULLY
ATTENTION: ALL PERSONS OR ENTITIES WHICH BID AND PAID
FOR ADVERTISING PLACEMENT IN YAHOO!'S SEARCH MARKETING
SYSTEM BETWEEN JANUARY 1, 1998 AND JULY 31, 2006
Dear Yahoo!, Inc. Customer,
This notice (the "Notice") informs you of a proposed
settlement of class action claims against Yahoo!, Inc.
(defined as Yahoo!, Inc., Yahoo! Search Marketing,
Overture Services, Inc., and GoTo.com, Inc.). For the
sake of brevity and clarity, Yahoo!, Inc. will be
referred to for the remainder of this Notice simply as
Yahoo!. This Notice describes the proposed settlement
and informs you of your rights as a settlement class
person. You are being sent this Notice because you have
been identified as a Yahoo! customer who paid for
advertising services between January 1, 1998 and July
31, 2006. Yahoo! has agreed, under the terms of the
Settlement, to provide you with the opportunity to
submit a valid and timely claim form through which you
may be eligible to receive advertising credits.
READ THIS FIRST
1. WHY SHOULD I READ THIS?
This Notice, given pursuant to an Order of the Court
dated June 28, 2006, describes a proposed settlement of
a class action against Yahoo!, and you have been
identified as a Class Member.
2. WHY DID I RECEIVE THIS NOTICE?
You received this Notice because a search of Yahoo!'s
computer records indicates that you are a current or
former Yahoo! account holder who bid and paid for
advertising placement on Yahoo!'s Search Marketing
System at some point between January 1, 1998 and July
31, 2006. This Notice provides a summary of the terms
of the proposed settlement. It also explains the
lawsuit, your legal rights under the settlement, what
benefits are available to you under the settlement, and
how to get them.
3. WHAT IS A CLASS ACTION?
In a class action, one or more individuals or
businesses, called Class Representatives (in this case,
Checkmate Strategic Group, Inc.) sue on behalf of
others that have similar claims. All of these other
individuals or businesses are members of the "class."
One court resolves the issues for all Class Members,
except for those who exclude themselves from the Class.
United States District Judge Christina A. Snyder is in
charge of this class action.
4. WHAT ARE THE CRITICAL DATES?
November 20, 2006
The last date to submit your Assertion of Right
to Participate in Additional Claims Review Process
form, if you wish to be eligible to possibly receive
advertising credits.
October 14, 2006
The last date to submit your written request to
be excluded from the settlement if you are not
willing to be bound by it and do not want to be
eligible to receive advertising credits.
October 14, 2006
The last date to submit any written objection to
the settlement.
November 20, 2006
The hearing on any objections and to give final
approval to the settlement.
5. DO I HAVE TO DO ANYTHING?
The settlement is subject to the approval by the Court.
If the Court approves the settlement and it becomes
effective, you will automatically be eligible to submit
the Assertion of Right to Participate in Additional
Claims Review Process form (hereinafter "Assertion of
Right to Participate"), indicating that you intend to
file a claim form for Yahoo! advertising credits and
will give up your ability to sue Yahoo! over the
subject matter of this case. The Assertion of Right to
Participate form is available for download at
www.checkmatesettlement.com. The form must be printed
out, filled out completely, and mailed via certified or
registered mail to the Claims Administrator at Claims
Administrator, PO Box 1340, Minneapolis, MN,
55440-1340, by November 20, 2006. You may attend the
court hearing described below if you wish, but your
attendance or non-attendance will not affect your
eligibility to submit the Assertion of Right to
Participate form. You do not need to appear in court,
and you do not need to hire an attorney in this case.
You may object to the proposed settlement if you so
desire.
6. WHAT IS THIS CASE ABOUT?
Plaintiff Checkmate Strategic Group, Inc. claims that
Yahoo! has breached its contracts with Class Person and
committed unfair business practices under California
Business & Professions Code § 17200 et seq., including
improperly collecting revenue by charging and/or
overcharging Class Persons for clicks that were click
fraud, click through fraud, fraudulent clicks, click
spam, invalid clicks, unwanted clicks, unqualified
clicks, improper clicks, non-converting clicks,
inadequately converting clicks, clicks that were not
reasonably expected by Class Persons or otherwise
claimed by Class Persons as clicks for which Class
Persons should not have been charged, and improperly
collecting revenue by charging and/or overcharging
Class Persons for clicks where users did not actively
choose the Class Persons' listings (hereinafter
"Challenged Clicks").
A. The Proposed Settlement
Since filing the action, Plaintiff, through Class
Counsel, has conducted an investigation of the facts,
including review of Yahoo!'s billing procedures and
Yahoo!'s click filtering systems, interviews with key
Yahoo! personnel, and has analyzed the relevant legal
and factual issues. Class Counsel obtained substantial
information about the nature and extent of Yahoo!'s
challenged practices through this process.
Although Yahoo! does not believe it has done anything
wrong and continues to deny all claims and allegations
of wrongdoing asserted in the Action, Plaintiff and
Yahoo! agreed to enter into a settlement agreement
after an extensive exchange of information and vigorous
arms-length negotiation. If approved by the Court, the
settlement agreement will result in dismissal of this
case and final resolution of all claims raised. Such
dismissal will release Yahoo! from future liability for
the acts and practices complained of. The settlement
terms are described in full in a document known as
Stipulation and Settlement Agreement (hereinafter
"Agreement")(1). The Agreement is available for your
inspection at the clerk's office of the United States
District Court, Central District of California, Western
Division. The terms of the settlement, in summary form,
are as follows:
i) Yahoo! shall launch an online traffic quality
center, which will be available to its advertisers
within 90 calendar days of the Effective Date of the
settlement. The traffic quality center will include a
resource center which will contain FAQs, best practices
documents, traffic quality articles, enforcement
guidelines, and an advice column.