Keithly et al. v. Intelius, Case No. 09-1485RSL: Notice of Class Action Settlement And Settlement Fairness Hearing
06 Sep, 2013
SEATTLE, Sept. 6, 2013 /PRNewswire/ — TO: ALL PERSONS WHO ENROLLED IN ADAPTIVE MEMBERSHIP PROGRAMS THROUGH INTELIUS.COM OR A RELATED INTERNET SITE BEFORE AUGUST 12, 2013, YOU MAY BE ELIGIBLE TO RECEIVE A PAYMENT FROM A CLASS ACTION SETTLEMENT, AND YOUR RIGHTS WILL BE AFFECTED BY THE SETTLEMENT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court for the Western District of Washington, that a hearing will be held on November 21, 2013, at 10:30 am, before the Honorable Robert S. Lasnik, United States District Judge for the Western District of Washington, in Courtroom 15106, 700 Stewart Street, Seattle, WA 98101-9906, for the purpose of determining whether the proposed settlement of the above-captioned litigation should be approved.
The proposed settlement benefits members of the class who make valid claims by submitting a Claim Form through the Settlement Website, www.intelius-post-transaction-settlement.com. Class member benefits consist of a cash payment and vouchers (good for purchases at intelius.com). The proposed Settlement Class is comprised of all persons residing in the United States who provided credit or debit card information to a website owned, operated, or controlled by Intelius between the dates of July 2007 and August 12, 2013 and were subsequently charged for services offered through post-transaction marketing for the benefit of Intelius and/or Adaptive Marketing LLC, and have not enabled or used any benefit associated with the service.
This settlement covers only those claims related to Intelius’s post-transaction marketing of certain membership programs offered by Third-Party Defendant Adaptive Marketing, LLC through the Intelius website. ; Claims related to Intelius’s marketing of Identity Protect subscriptions were settled previously.
The hearing will determine whether the partial settlement should be approved by the Court as fair, reasonable and adequate to the Settlement Class, and whether the claims described in the Settlement Agreement should be dismissed on the merits and with prejudice as against the Defendants. You are not required to take any action at this time. You may choose to make a claim. You may file written objections to the settlement and appear at the court hearing. You may choose to exclude yourself from the settlement but if you do so you cannot make a claim and cannot object to the settlement. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement.
Plaintiffs’ counsel intend to make a request for an award of attorneys’ fees and reimbursement of costs and expenses incurred in connection with this settlement at a point in the future.
A copy of the full Notice of Proposed Settlement of Class Action and Settlement Fairness Hearing (“Notice”) is available at www.intelius-post-transaction-settlement.com. ;The Notice contains further information regarding the proposed partial settlement, the benefits available to Settlement Class Members and their rights under the Settlement Agreement, how to make a claim, object to the settlement or exclude yourself from the settlement.
PLEASE DO NOT CONTACT THE COURT OR THE CLERK’S OFFICE REGARDING THIS NOTICE.
SOURCE Calfo Harrigan Leyh & Eakes LLP