6

This is regarding to my question: Is this apparent Class Action settlement a spam message?

From answers I understood that it isn't a spam.

But what options I have?

They offer only two:

  1. file a claim

You will only receive a benefit if you file a Claim Form online by June 24, 2019, or if mailed, postmarked no later than June 24, 2019.

  1. exclude yourself

If you don’t want to receive a cash payment or other settlement benefits and don’t want to be bound by the Settlement and any judgment in this case, you must send a written request to exclude yourself.

But if I do nothing, just ignore this message, what happens?

From text:

If you don’t exclude yourself, you may object to the Settlement or to the request for fees and costs by Class Counsel.

So I get nothing, but should pay fee?

Looks strange.

  • 2
    That last part doesn't mean you pay a fee, it means you can object to how much the lawyers get as a fee for trying the class-action lawsuit. If you exclude yourself, you can't object to the lawyer fee. – Ron Beyer Mar 27 at 17:37
10

A person who is nominally in the class and does nothing remains in the class. Such a person can file formal objections to the terms of the settlement, including the amounts to be paid to the lawyers who ran the class action and negotiated the settlement on behalf of the class. Any such objections will be considered when the judge decides whether to approve the terms of settlement. As a practical matter, there needs to be a good reason stated for any objection if it is to have any effect on the terms.

A member of the class does not pay any fees, directly. However, the total fees paid come out of the money provided by the settlement, and may reduce the benefits available to class members, which is why members may file objections to th fee structure.

A member of the class can get some of the settlement money only if that person files a claim on the proper form, and the claim is approved.

A person who is nominally in the class may send in a written request to be excluded from the class. Such a person ceases to be a member of the class, cannot object to the terms of settlement, and cannot file a claim. However, such a person is not bound by the settlement, and can file a separate, individual lawsuit over the same issue, if such a person chooses to do so. This would mean paying a different set of lawyers.

  • 1
    A member of the class doesn't pay fees out of pocket. – chrylis -on strike- Mar 28 at 4:10
  • @chrylis Yes, fess may reduce the funds available to be distributed to class members with valid claims. See recent edit to my answer. – David Siegel Mar 28 at 14:30
5

Your options, as I understand it, are:

  1. File a claim. You should get some money, probably $50 - $200. Woo, free money!

  2. File a claim and object to the terms of the settlement. In theory this might get you a bit more money than option 1, but you need to explain exactly what it is you object to and why it is wrong in law. Unless you can find a big mistake in the legal paperwork the odds of you getting enough extra to pay for the postage are basically zero.

  3. Exclude yourself from the class. You get nothing, but you keep an option of filing a separate legal action to get more money. However for this kind of money a separate legal action is going to cost more than its worth, even if you do all your own lawyering. Almost certainly not worth it.

  4. Do nothing. You get no money, and you lose your option to file a separate legal action.

If you want to pursue #2 then you could contact Ted Frank's Centre for Class Action Fairness to see if they would take an interest.

  • 5. Try to convince Ted Frank that the settlement is abusive in some way, and ask him nicely to help you do #2. – Kevin Mar 27 at 23:27
  • @Kevin Interesting. I've added a link, thanks. – Paul Johnson Mar 28 at 10:21

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