You are receiving this notice because you are a former subscriber to PeoplePC. A proposed Class Action Settlement may affect you. A hearing has been scheduled in San Francisco Superior Court to approve the Settlement. Under the Settlement, you may have the right to make a claim for up to $30 in cash. You also may choose to exclude yourself from the Settlement. Alternatively, you may file a written objection to the Settlement and appear (or have your own attorney appear) at the Court hearing. 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. To learn more about or exercise any of your rights, please read below and visit www.peoplepc-settlement.com
In the suit, Plaintiff alleges that, in the sale and marketing of its dial-up internet service, PeoplePC takes unfair or unlawful steps to continue charging customers for PeoplePC service even when they request cancellation. PeoplePC has denied and continues to deny each and all of Plaintiff's claims. The Court has not made a decision on the merits. PeoplePC, while continuing to deny all allegations of wrongdoing and disclaiming any liability with respect to any and all claims, considers it desirable to resolve the litigation on the terms stated herein, in order to avoid further expense, inconvenience, and interference with its ongoing business operations, and to dispose of burdensome litigation, and therefore has determined that Settlement of this litigation on the terms set forth herein is in its best interest.
You are a member of the Settlement Class if, between February 6, 2002, and May 12, 2008, you paid PeoplePC for internet service following a cancellation request.
As part of the Settlement, PeoplePC will change its cancellation practices and policies.
In addition, if you submit a valid claim under penalty of perjury, you will be eligible to receive a cash refund of fees you paid to PeoplePC after attempting to cancel your service, of $3, $5, or up to $30. To receive the cash payment you must submit a claim at www.peoplepc-settlement.com
. by the later of September 7, 2008, or 30 days after final approval.
If the Settlement is approved, Plaintiff's counsel will apply for an award of attorneys' fees, expenses and incentive awards not to exceed $377,500, to be paid separately from and in addition to the relief available to Settlement Class Members.
All claims of Settlement Class Members which were or could have been asserted in the litigation, based upon the facts alleged in the litigation, will be released. This means that if you do not exclude yourself from the Settlement Class, you will give up the right to sue for the claims that the Settlement resolves, and you will be bound by the terms of the Settlement.
You need not take any action. If you wish to exclude yourself from the Settlement Class, you must submit an exclusion request to the Claim Administrator at: Claim Administrator, c/o Rust Consulting, Inc., P.O. Box 507, Minneapolis, MN 55440-0507.
If you exclude yourself, you will not receive the benefits of the Settlement, and you will not be able to object to the Settlement.
If you wish to object to the Settlement or appear (or have your own attorney appear) at the hearing, you must file your objection with the Court and serve it on the parties' counsel, as follows: Adam Gutride, Esq., Gutride Safier LLP, P.O. Box 460026, San Francisco, CA 94146 (counsel for Plaintiff) and Nathan L. Garroway, Esq., McKenna Long & Aldridge LLP, 303 Peachtree Street, NE, Suite 5300, Atlanta, GA 30308 (counsel for PeoplePC). To exclude yourself, object, or request to intervene, you must follow the detailed instructions set forth in the Long Form Notice at www.peoplepc-settlement.com
All objections, requests to intervene and requests for exclusion must be received (not just postmarked) by July 11, 2008 and must comply with the instructions in the Long Form Notice at www.peoplepc-settlement.com
DO NOT CONTACT THE COURT OR PEOPLEPC CONCERNING THIS NOTICE OR THIS LAWSUIT. If you would like more information about this notice or this case, please visit www.peoplepc-settlement.com
. If you do not have internet access, you may request additional information from the Claim Administrator or by mail from counsel for Plaintiff, at the address set forth above.