1Looks like if you sell on ebay especially motors you will be getting money
back from them due to a pending lawsuit.
IMPORTANT LEGAL NOTICE PLEASE DO NOT DELETE
You are receiving this notice because eBays 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.ebaymotorsfeecla ssaction.com:
. This Notice summarizes how a proposed settlement of the Lawsuit may affect
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
Courts 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 eBays Store Inventory Format are excluded from the
Settlement. This group of persons is the Settlement Class. eBays 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 eBays
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.ebaymotorsfeecla ssaction.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.ebaymotorsfeecla ssaction.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.ebaymotorsfeecla ssaction.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 eBays records. Payment will be sent to you at the
address in eBays records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS EMAIL
unless you update your mailing address at the following web address:
llllllllllll l www.ebaymotorsfeecla ssaction.com:
and/or update your legal name pursuant to the instructions on the website.
The amount of payment will be determined based on eBays 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
(3) You can object to the settlement, as explained below in
E. HOW TO RECEIVE YOUR SETTLEMENT PAYMENT
Receiving your settlement payment is easy. The amount owed to you will be
calculated based on eBays 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 associ