Tasha Keirsey v. eBay Inc.,
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA; Case No. 3:12-CV-01200 (JST)
Welcome to the official website regarding the settlement of a class action filed against eBay and arising out of seller's listings placed with an eBay Mobile application (via iPhone, iPad, Blackberry, Android or the eBay mobile website) (collectively, "eBay Mobile") and involving listing upgrade fees for the PicturePack, Gallery Plus, or International Site Visibility features (collectively, the "Disputed Fees") between January 1, 2009, and October 31, 2012.
The plaintiff in this case alleges that eBay incorrectly charged the Disputed Fees referenced above for eBay Mobile listings between January 1, 2009, and October 31, 2012. The case was filed in the United States District Court for the Northern District of California and entitled "Tasha Keirsey vs. eBay Inc.," Case No. 3:12-CV-01200 (JST) (the "Lawsuit"). eBay denies the allegations in the Lawsuit. This website is maintained by the Settlement Class Administrator retained in connection with the Lawsuit.
If you paid PicturePack, Gallery Plus, or International Site Visibility fees (defined above collectively as the "Disputed Fees") for listings placed with an eBay Mobile application (via iPhone, iPad, Blackberry, Android or the eBay mobile website) (referenced above collectively as "eBay Mobile") between January 1, 2009, and October 31, 2012, (the "Class Period"), you should have received a formal legal notice by email or postal mail. If so, and your name and email address is correct, you will be entitled to a partial credit of those fees (net of any previous refunds) under a settlement agreement if it is approved as described below.
If you did not receive notice by email or postal mail, but you believe you paid Disputed Fees during the Class Period, then please contact the Class Action Administrator via the method described here in order to update your contact information by clicking here. You will need to know the Claimant ID that appears above your name on the postcard Summary Notice or at the top of the Email Notice text.
The settlement relates to the Lawsuit, which is a class action alleging that eBay incorrectly charged the Disputed Fees for eBay Mobile listings during the Class Period described above.Details about the Lawsuit can be found on the Court Documents page of this site: Court Documents Page. The following summarizes how a proposed settlement of the Lawsuit may affect you.
On October 22, 2013, for purposes of settlement and by agreement of the parties, the Court approved the plaintiff Keirsey to represent the following people, defined as the "Settlement Class":
all natural persons and entities who are United States residents who, between January 1, 2009 and October 31, 2012 listed items for sale on eBay's websites using eBay Mobile, and incurred the Disputed Fees in connection with such listings.
This ruling also allows the law firm of Figari & Davenport LLP to act as "Class Counsel" and to represent the Settlement Class. The Court's ruling does not mean that the Court views the claims in this Lawsuit as having merit or not. eBay's records show that you may be a member of the Settlement Class.
eBay's records were used to send notice to members of the Settlement Class.
If you believe you are a member of the Settlement Class but you did not get an email or postal mail notice, please double-check your inbox and any spam filters you may have.
On October 22, 2013, the Court preliminarily approved the following Settlement and ordered that Notice be sent to all Settlement Class Members. The Court will hold a hearing on February 13, 2014 to decide whether to grant final approval to the Settlement, which will affect all Settlement Class Members.
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 $ 95,000.00. The Settlement Fund will be used to (1) reimburse, in part, Disputed Fees paid for eBay Mobile listings (net of any previous refunds) by the Settlement Class; and (2) compensate Class Counsel and the Class Representatives (as discussed further below). eBay has agreed to pay the costs of notice and to administer the settlement separately from the Settlement Fund.
Compensation will be made in different ways, depending on whether or not the Settlement Class Member: (1) has an Active eBay Account or not; (2) closed their eBay Account; or (3) requests a check. How to get the payment is described in Section E below. Most Class Members will automatically receive a credit to their eBay account, without having to submit any sort of claim or other information, as detailed below. The amounts of credits or checks are described below and are calculated the same way, irrespective of whether payment is made by credit or check. However, due to the cost of preparing, mailing and bank fees for checks, checks smaller than $1.00 will only be sent to Class Members who do not have active eBay accounts.
Each credit or payment will be in proportion to the amount and timing of Disputed Fees paid during the Class Period. Compensation to Class members will be proportional to the total amount of Disputed Fees each Class Member paid during the Class Period for eBay Mobile listings. If the Court approves the fee application of Class Counsel and for the Class Representative, the refund will be about 20% of the total Disputed Fees paid. To illustrate the calculation, if the total Disputed Fees incurred by all Class Members was $10,000 and a particular Class Member incurred $100 in Disputed Fees, that Class Member would be entitled to receive 1% of the Net Settlement Fund.
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 of $30,000. eBay has agreed not to oppose this request. Class Counsel's application for fees and costs will be available on the website Court Documents Page on December 6, 2013. Class Counsel will also ask the Court to award $500.00 to plaintiff Keirsey for acting as class representative.
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 for download by clicking here.
For details of the terms of the Settlement Agreement, please review the Settlement Agreement available for download by clicking here.
Settlement Class Members have the following options related to the Settlement:
(1) Settlement Class Members can do nothing, in which case they will automatically receive a credit or check in the amount calculated as described in Section C above and as determined based on eBay's records. Credit or payment will be made as described in Section E below, and will usually be made by credit to each Settlement Class member's existing eBay selling account. Class Members with active eBay accounts will receive credits by default in order to avoid the expense of generating and mailing checks to everyone. Please note that the credit will be applied to any outstanding and unpaid balance, if any, you have with eBay. Class Members with non-active eBay accounts will only receive checks. Settlement Class members will be bound by the terms of the Settlement, including the release of claims against eBay as described in Section C above. Settlement Class Members may update their account information by clicking here. The amount of payment will be determined based on eBay's records, and Settlement Class Members will be bound by the terms of the Settlement, including the release of claims against eBay as described in Section C above.
(2) Settlement Class Members can opt out of the settlement, as explained below in Section F.
(3) Settlement Class Members can object to the settlement, as explained below in Section G.
Receiving settlement credit or payment is easy and depends on whether or not a Settlement Class Member: (1) has an Active eBay Account or not; (2) closed their eBay Account; or (3) requested a check. The amount of the credit or payment is described in Section C above.
Active eBay Accounts. If you have an Active eBay Account, the amount credited to you will be calculated based on eBay's records and will be automatically credited to your existing eBay selling account. It is not necessary for you to do anything if your account information is correct. Please note that the credit will be applied to any outstanding and unpaid balance, if any, you have with eBay.
Inactive eBay Accounts. If you do not have an Active eBay Account but you did not close your account (for example, if your account is on hold due to an outstanding negative balance or suspended due to some other issue), then you will automatically be sent a check to the current address information on your account. It is not necessary for you to do anything if your account information is correct. If your account information with eBay is not current, please click here to update your account information by no later than January 11, 2014.
Closed eBay Accounts. If you have a Closed eBay Account, you are entitled to receive a check. However, if you did not receive notice of the settlement by mail, no check will be sent automatically and you must provide current address information, because eBay was unable to find contact information for you. In order to do so, please click here to update your account information by no later than January 11, 2014.
Check Option (Limited): If you have an Active eBay Account, your credit is greater than $1.00, and you prefer to receive a check, please contact the Settlement Administrator as described below in order to provide your name and address and to request that a check be sent to you. You must do so by no later than January 11, 2014. Please note that for amounts less than $1.00 no checks will be issued to Active eBay Account holders due to the expenses associated with processing and mailing a check and in order to minimize the costs of administration for the Settlement Class as a whole. If you request a check, the check amount will not be reduced or offset based on any amounts you owe to eBay. Please note that, at any time, you may apply for a refund of your eBay credit balance, if any, in accordance with eBay's existing "Requesting a refund of your eBay credit balance" policy, currently available at http://pages.ebay.com/help/sell/refunds.html
IF YOUR CURRENT EBAY SELLING ACCOUNT INFORMATION ABOVE IS NOT CORRECT AND YOU DO NOT UPDATE YOUR INFORMATION AS DESCRIBED ABOVE, YOU MAY NOT GET THE BENEFIT OF THE SETTLEMENT.
Any funds that cannot be distributed will be distributed to (1) the National Cyber-Forensics & Training Alliance ("NCFTA"), a non-profit corporation, established in 1997, dedicated to protecting consumers from cyber crime and fraud and (2) the National Consumer Law Center ("NCLC"), a nonprofit organization focusing on low income consumer law issues.
Instead of receiving a payment as part of the Settlement, Settlement Class Members may opt out of the Settlement Class. To make an Opt-Out/Exclusion Request, Settlement Class Members must send by email or mail a letter or postcard to the Claims Administrator stating: (a) the title of the Action: "Keirsey v. eBay Inc., Case No. 3:12-CV-01200 JST"; (b) the full name, address, telephone number (optional) and email address associated with the eBay account of the person requesting exclusion; (c) a statement that he/she does not wish to participate in the Settlement; and (d) a signature of the Class Member requesting exclusion. No Opt-Out/Exclusion Request will be valid unless all of the information above is included. If submitted by mail, the letter, postcard or form on which the request for exclusion is made must be postmarked on or before the Objection and Opt-Out Deadline January 11, 2014 with postage paid by the person requesting exclusion. If submitted electronically or by email, the Opt-Out/Exclusion Request must be submitted by 11:59 p.m. Eastern Standard Time on or before the Objection and Opt-Out Deadline January 11, 2014. Any Class Member who does not serve a valid and timely written Opt-Out/Exclusion Request shall be bound by all subsequent proceedings, orders and judgments. Only Class Members who serve valid and timely Opt-Out/Exclusion Requests will be deemed to have opted out of the Class, unless the Court orders otherwise.
If you are a Settlement Class Member and opt out of the Settlement Class, you (1) will not receive any of the credits to be made as part of the Settlement; (2) will not be bound by the final order of dismissal and release in the Lawsuit; and (3) may, if you wish and at your own expense, pursue on your own behalf whatever legal rights you believe you may have. You will also not be allowed to object to the Settlement if you opt out of the Settlement Class.
Any Settlement Class Member who has not opted out of the Settlement Class as described above in Section F can object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement or to the attorneys' fees and cost award requested by Class Counsel. To do so, you must file them with the Court by January 11, 2014. You cannot do this online on this web site nor can you simply mail something to the Settlement Class Administrator. It shall be your responsibility to ensure receipt of any objection by the Court, Class Counsel, and eBay's Counsel. To be considered by the Court, the objection must include: (1) a heading containing the name and case number of the Action: Keirsey v. eBay Inc., Case No. 3:12-CV-01200 JST; (2) the Class Member's name, email address, postal address, and telephone number; (3) a detailed statement of each objection and the factual and legal basis for each objection, and the relief that the Class Member is requesting; (4) a list of and copies of all documents or other exhibits which the Class Member may seek to use at the Fairness Hearing; (5) a statement of whether the Class Member intends to appear, either in person or through counsel, at the Fairness Hearing, and if through counsel, a statement identifying the counsel's name, postal address, phone number, email address, and the state bar(s) to which the counsel is admitted; and (6) a signature of the Class Member or counsel. Neither Class Counsel nor eBay's Counsel may assist you in asserting objections; you will have to object on your own or hire, at your own expense, your own lawyer. Any Class Member who files and serves a written objection has the option to appear at the Fairness Hearing, either in person or through personal counsel hired at the Class Member's expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the award of attorneys' fees and costs. However, Class Members or their attorneys intending to make an appearance at the Fairness Hearing must include a statement of intention to appear in the written objection filed with the Court and delivered to Class Counsel, and eBay's Counsel, and only those Class Members who include such a statement may speak at the Fairness Hearing. If a Class Member makes an objection or appears at the Fairness Hearing through an attorney, the Class Member will be responsible for his or her personal attorney's fees and costs. In order to obtain the necessary addresses for the Court, Class Counsel, and Defense Counsel, please click here to review the page regarding objections.
At 2:00 p.m., PST, on February 13, 2014, the Court will conduct a hearing to determine the fairness of the Settlement and may enter an order finally approving the Settlement. The hearing will take place in the Courtroom of the Honorable Jon S. Tigar, Courtroom 9, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102-3489. Class Counsel will appear on behalf of the Settlement Class.
If, after you have read all of the contents of this website, you have further questions about the Lawsuit and Settlement you may contact the Settlement Class Administrator by email at info@eBayMobileClassAction.com or call 1-888-803-9855. A printed copy of the Summary Notice can be obtained by mailing a request to:
eBay Mobile Class Action
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
In addition, all of the court documents are on file with the Clerk of the Court, United States District Court for the Northern District of California, Richard W. Wieking, Court Clerk, United States Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, for inspection and copying at your own expense during regular business hours. The pleadings in the case can also be viewed online through PACER, the Federal Court's online pleadings database. PACER can be accessed at http://www.pacer.gov, and instructions for how to search for pleadings are provided at that website.
PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT, OR THE JUDGE ABOUT THIS LITIGATION.
PLEASE ALSO DO NOT CONTACT EBAY OR PAYPAL CUSTOMER SERVICE ABOUT THIS LITIGATION. THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS