- Impact
- 254
This is the second notice, but couldn't find any posts about the first notice either.
If you ever used Register.com (Right after Domain Names were free, they jumped to $35 each. Thanks, Register.com :red: ), might check to see if you qualify. They notify you at your e-mail account you used there, so time to dig up the old password for that juno address
-Allan
September 29, 2004
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK
Index No. 109041/02
IAS PART 53
Justice Ramos
NOTICE OF CLASS ACTION SETTLEMENT AND REFUND REDEMPTION
THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY
This notice ("Second Notice") is directed to certain Register.com customers who
registered domain names prior to January 4, 2001 which were later automatically
renewed. This Second Notice relates to the settlement of a class action lawsuit
("Lawsuit") against Register.com, as explained below, and supplements the notice
sent on October 27, 2004 ("First Notice").
THE SETTLEMENT HAS NOW BEEN APPROVED BY THE COURT.
Please read this Notice carefully as you may be entitled to a refund of domain
name renewal fees you paid to Register.com.
To be eligible for a refund, you must meet all of the following conditions:
* You registered a domain name before January 4, 2001.
* Your domain name was automatically renewed by Register.com without your
express authorization and your credit card was charged.
* You did not want the domain name renewed.
* You did not use (as "use" is defined in Section 4 below) the domain name in
any fashion after it was automatically renewed.
* You have not previously received a refund for the renewed domain name.
Those who satisfy each of these criteria, which are set forth in more detail in
Section 3, below, will be deemed "Settlement Class Members."
BACKGROUND
1. DESCRIPTION OF THE LAWSUIT
COUNSEL FOR THE PARTIES HAVE PREPARED THIS DESCRIPTION OF THE LAWSUIT AND THE
SETTLEMENT. THE COURT HAS MADE NO FINDINGS WITH RESPECT TO SUCH MATTERS, AND
THIS SECOND NOTICE IS NOT AN EXPRESSION BY THE COURT OF FINDINGS OF FACT.
Register.com, Inc. ("Register.com") is an Internet domain name registrar, and
provides a variety of Internet-related services. In January 2001, Register.com
initiated a service called "SafeRenew" which automatically renewed domain names
registered through Register.com for the term of one year.
The Plaintiff in this Lawsuit, Brian Wornow, registered a series of domain
names, many of which were automatically renewed by the SafeRenew service upon
their expiration. The initial Complaint, dated May 2, 2002, contained four
causes of action and an Amended Complaint added three new causes of action.
Each cause of action was based on the same basic allegations: that
Register.com's automatic renewal of domain name registrations under its
management occurred without the registrants' express authorization.
Register.com prevailed on its motion to dismiss five of these causes of action,
and the dismissal has subsequently been upheld by the Appellate Division.
The remaining causes of action were based on the legal theories of "monies had
and received" and unjust enrichment. The Lawsuit was proceeding into the class
action certification phase when the parties reached the settlement, described
below (the "Settlement"), which was subject to Court approval.
2. FAIRNESS HEARING
On December 2, 2004, the Court held a "Fairness Hearing" where the parties
presented their opinions on the merits of the settlement and where potential
members of the Class were given the opportunity to express their opinions and
objections regarding the lawsuit and the Settlement. The Court has approved the
Settlement, and you are now being sent this Second Notice to explain the terms
of the settlement and how to apply for a refund.
3. TERMS OF APPROVED SETTLEMENT
The essential terms of the Settlement are as follows:
1. Register.com will create a $2,000,000 fund (the "Fund") for the purpose of
providing refunds to Settlement Class Members.
2. If the refund claims exceed the amount available from the Fund, Register.com
has agreed to provide up to an additional $350,000 to the Fund.
3. If the refund claims exceed the total availability of the Fund (i.e., the
initial $2,000,000 plus the additional $350,000), class members will not receive
full refunds, but rather refunds will be distributed on a pro-rated basis.
4. In the event the Fund is not depleted in the ninety (90) days during which
Settlement Class Members may request refunds, the remainder of the Fund will be
distributed to Computers For Youth, a charitable organization susggusted by
Class Counsel and approved by the Court.
5. Any customer who receives a refund check after submitting a Proof of Claim
will release Register.com from any liability relating to the automatic renewal
of domain names registered prior to January 4, 2001.
6. Class Counsel petitioned the Court for an award of attorneys' fees and
litigation expenses they incurred in this Lawsuit. At the Fairness Hearing, the
Court approved an award of $598,481.78, which will be paid from the Fund.
4. DEFINITION OF THE SETTLEMENT CLASS
The Settlement applies only to Settlement Class Members. For the purposes of
the settlement, "Settlement Class Members" are defined as Register.com customers
who (i) registered a domain name using Register.com's services prior to January
4, 2001, (ii) had said registration renewed via the SafeRenew service, and (iii)
did not want said domain name renewed, and (iv) did not subsequently use the
renewed domain name in any way.
If any of the following activities, as reflected in the business records of
Register.com, were associated with a domain name, then the domain name will be
deemed to have been "used" and not part of the Class nor eligible for a refund:
1. Changing the domain name server associated with the domain name registration;
2. Proactively renewing a domain name after it has been automatically renewed;
3. Pointing the domain name to an Internet protocol address;
4. Establishing or maintaining a website;
5. Using the domain name to send or receive e-mail;
6. Purchasing any additional services from Register.com in connection with the
domain name
registration;
7. Changing the contact information associated with the domain name
registration; or
8. Transferring the domain name registration to a registrar other than
Register.com.
In addition, a domain name registered for any defensive or speculative purpose,
or otherwise to retain passive registration, is not part of the class or
eligible for a refund.
If you made any use of your domain name, including a passive, defensive, or
similar use, then you are not eligible for refund with regard to that particular
domain name. Further, if you requested and received a refund already for the
renewal of any domain name, that domain name is not eligible for another refund
now.
5. WHAT IS A CLASS ACTION?
Class actions are lawsuits in which the claims and rights of many people are
decided in a single court proceeding. One or more specific plaintiffs are named
in the lawsuit to assert the claims of others whose claims are the same or very
similar to the claims of the named plaintiff(s). The unnamed plaintiffs are
called "class members." A class action allows a large number of similar claims
to be resolved in a single proceeding, and thereby avoids the necessity for a
large number of people to file similar individual lawsuits. Because individual
class members' claims are usually relatively small, the class action device
makes it economically feasible to prosecute them; when all class members are
represented in one proceeding, the attorney fees and the costs of prosecuting
the claims are shared by the entire group of class members.
6. EFFECTS ON YOU
Anyone who is eligible to receive a refund and properly applies for one will
receive part or all of the total renewal fee charged. If the total amount of
refund applications exceeds the amount of money available for refunds from the
Fund, then refunds will be distributed on a pro-rated basis.
Under the Court's rules, any individual who does not actually apply for and
receive a refund check will not have released any individual claims against
Register.com. This is in accordance with the Court's rules which are attached
to this Second Notice for your convenience.
The Court has granted Register.com's request for a class-wide release that will
bar future class action lawsuits on the same issues asserted in the Complaint in
this Lawsuit. Future claims by individuals will not be barred.
If you apply for and received a refund for a current domain name, the
registration for that domain name will be cancelled, if currently registered by
Register.com, and become available for registration by a third party. Further,
you will release Register.com from any potential liability relating to the
SafeRenew service.
7. IF YOU ARE ELIGIBLE FOR AND WISH TO RECEIVE A REFUND
If you are eligible for and wish to receive a refund, please complete the "Proof
of Claim" that accompanies this Second Notice. In order to receive a refund
check, you must submit a Proof of Claim electronically by visting
https://cert.gardencitygroup.com/rg2/fs/confirm and entering the claim number
and control number listed below. You will then be prompted to verify your
identity before filing for your refund.
YOUR CLAIM NUMBER IS: _____________
YOUR CONTROL NUMBER IS: _________________
Further, you must execute the release attached to the Proof of Claim. If your
Proof of Claim form is submitted electronically, you may execute and return the
release electronically as well. You must submit a Proof of Claim by May 24,
2005
8. WHO REPRESENTS THIS SETTLEMENT CLASS?
The following attorneys represent Brian Wornow and the Settlement Class ("Class
Counsel"):
Jeffrey L. Fazio, Esq.
Dina E. Micheletti, Esq.
Fazio & Micheletti LLP
1900 South Norfolk Street Suite 350
San Mateo, California 94403
Class Counsel represents the interests of the Settlement Class in this Lawsuit.
Because of the large number of potential Settlement Class Members, however, it
is not possible for Class Counsel to answer individual questions concerning the
Settlement. Accordingly, the parties have agreed upon a set of Frequently Asked
Questions ("FAQs") that will provide answers to questions concerning the
Settlement and more detailed information about Settlement Class Members' rights
and responsibilities. The FAQs are posted on the following website
http://www.wornowsettlement.com . You may also hire your own attorneys, at your
own expense, to advise you in this matter.
9. WHO CAN HELP WITH ADDITIONAL INFORMATION?
This Second Notice's description of the case and of the Settlement is general
and does not purport to be a comprehensive description of the Lawsuit, the
allegations or transactions related thereto, or the terms of the Settlement.
For a more detailed statement of the matters involved in this case, you may
inspect the pleadings, the Settlement Agreement, the Orders entered by the Court
and the Appellate Division and other papers filed in the litigation, unless
sealed, at the Office of Clerk of the Court, during regular business hours of
each business day. They are available for you to inspect and copy (at your
cost) at the office of the Clerk of the Court, New York County, 60 Centre
Street, New York, NY10007 during regular business hours. You must bring the
name of the case and the case number with you, since the Clerk will not know
which case you are referring to otherwise.
DO NOT TELEPHONE OR ADDRESS ANY QUESTIONS ABOUT THE CASE TO THE CLERK OF THE
COURT OR TO THE JUDGE.
They are not permitted to answer your questions.
THE COURT EXPRESSES NO VIEW AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED
BY ANY PARTY TO THE COMPLAINT.
Dated: January 24, 2005 By Order of the
Supreme Court
of the State of New
York,County of New York
GUIDELINES FOR SETTLEMENT OF CLASS ACTION CASES PART 53
The following are general guidelines for the settlement of Class Actions pending
before Justice Ramos. When circumstances warrant, exceptions will be made.
1. All notices to members of the proposed class shall be in plain English. A
typical member of the class should be able to easily comprehend each notice.
Class counsel must draft such notices consistent with their professional
obligation to fully disclose to their clients the significance of the
information provided.
2. The issue of class certification is not a matter for stipulation between the
parties unless the settlement is without prejudice as provided below in
Paragraph 3. Otherwise, a finding that certification of the class is appropriate
will be made at an adversarial hearing.
3. Defendants shall not be released by members of the class unless the class
member accepts the settlement benefit. The failure to opt out will not result in
a release. Unless permitted by this Court, the terms of the settlement shall not
require the class members to opt out or take other action to preserve an
existing right.
4. Where applicable, the procedure to be followed by class members in applying
for the settlement benefit shall be simple and shall not require the class
member to provide information or documents not required in the first instance to
purchase the product or service other than what is reasonably necessary, such as
name, address and proof of purchase (if not otherwise determinable from the
parties' own records). When practicable, the benefit shall be forwarded to the
class members in the manner of an account credit or a refund on a product
return.
5. A summary of counsel's application for fees, which shall include the basis
and justification for the calculation, shall accompany any notice of proposed
settlement. This is required without regard to the source of the fee payment. No
fee shall be approved unless it bears a reasonable relationship to the benefit
actually accepted by the members of the class and is reasonable in light of the
risk to counsel of no recovery. Fee calculations may not be based on the
potential value of the settlement; rather, fee awards will be awarded in light
of the benefits actually received by class members.
6. The Court may appoint independent counsel to represent the proposed class
members on the question of class certification, fees to be awarded class counsel
or any other issue where the Court is unable to determine the relative strengths
of the parties' positions, or if the settlement raises questions about collusion
or the ability of plaintiffs' counsel to represent the interests of the class.
7. The Court will not "preliminarily" approve any settlement prior to the
hearing on fairness.
8. A member of the proposed class may object orally at the fairness hearing or
in writing without the need to notify counsel or to file written objections
prior to the hearing.
9. Notwithstanding Paragraph 1 above, a copy of these rules must be appended to
each notice to class members.
If you ever used Register.com (Right after Domain Names were free, they jumped to $35 each. Thanks, Register.com :red: ), might check to see if you qualify. They notify you at your e-mail account you used there, so time to dig up the old password for that juno address
-Allan
September 29, 2004
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF NEW YORK
Index No. 109041/02
IAS PART 53
Justice Ramos
NOTICE OF CLASS ACTION SETTLEMENT AND REFUND REDEMPTION
THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY
This notice ("Second Notice") is directed to certain Register.com customers who
registered domain names prior to January 4, 2001 which were later automatically
renewed. This Second Notice relates to the settlement of a class action lawsuit
("Lawsuit") against Register.com, as explained below, and supplements the notice
sent on October 27, 2004 ("First Notice").
THE SETTLEMENT HAS NOW BEEN APPROVED BY THE COURT.
Please read this Notice carefully as you may be entitled to a refund of domain
name renewal fees you paid to Register.com.
To be eligible for a refund, you must meet all of the following conditions:
* You registered a domain name before January 4, 2001.
* Your domain name was automatically renewed by Register.com without your
express authorization and your credit card was charged.
* You did not want the domain name renewed.
* You did not use (as "use" is defined in Section 4 below) the domain name in
any fashion after it was automatically renewed.
* You have not previously received a refund for the renewed domain name.
Those who satisfy each of these criteria, which are set forth in more detail in
Section 3, below, will be deemed "Settlement Class Members."
BACKGROUND
1. DESCRIPTION OF THE LAWSUIT
COUNSEL FOR THE PARTIES HAVE PREPARED THIS DESCRIPTION OF THE LAWSUIT AND THE
SETTLEMENT. THE COURT HAS MADE NO FINDINGS WITH RESPECT TO SUCH MATTERS, AND
THIS SECOND NOTICE IS NOT AN EXPRESSION BY THE COURT OF FINDINGS OF FACT.
Register.com, Inc. ("Register.com") is an Internet domain name registrar, and
provides a variety of Internet-related services. In January 2001, Register.com
initiated a service called "SafeRenew" which automatically renewed domain names
registered through Register.com for the term of one year.
The Plaintiff in this Lawsuit, Brian Wornow, registered a series of domain
names, many of which were automatically renewed by the SafeRenew service upon
their expiration. The initial Complaint, dated May 2, 2002, contained four
causes of action and an Amended Complaint added three new causes of action.
Each cause of action was based on the same basic allegations: that
Register.com's automatic renewal of domain name registrations under its
management occurred without the registrants' express authorization.
Register.com prevailed on its motion to dismiss five of these causes of action,
and the dismissal has subsequently been upheld by the Appellate Division.
The remaining causes of action were based on the legal theories of "monies had
and received" and unjust enrichment. The Lawsuit was proceeding into the class
action certification phase when the parties reached the settlement, described
below (the "Settlement"), which was subject to Court approval.
2. FAIRNESS HEARING
On December 2, 2004, the Court held a "Fairness Hearing" where the parties
presented their opinions on the merits of the settlement and where potential
members of the Class were given the opportunity to express their opinions and
objections regarding the lawsuit and the Settlement. The Court has approved the
Settlement, and you are now being sent this Second Notice to explain the terms
of the settlement and how to apply for a refund.
3. TERMS OF APPROVED SETTLEMENT
The essential terms of the Settlement are as follows:
1. Register.com will create a $2,000,000 fund (the "Fund") for the purpose of
providing refunds to Settlement Class Members.
2. If the refund claims exceed the amount available from the Fund, Register.com
has agreed to provide up to an additional $350,000 to the Fund.
3. If the refund claims exceed the total availability of the Fund (i.e., the
initial $2,000,000 plus the additional $350,000), class members will not receive
full refunds, but rather refunds will be distributed on a pro-rated basis.
4. In the event the Fund is not depleted in the ninety (90) days during which
Settlement Class Members may request refunds, the remainder of the Fund will be
distributed to Computers For Youth, a charitable organization susggusted by
Class Counsel and approved by the Court.
5. Any customer who receives a refund check after submitting a Proof of Claim
will release Register.com from any liability relating to the automatic renewal
of domain names registered prior to January 4, 2001.
6. Class Counsel petitioned the Court for an award of attorneys' fees and
litigation expenses they incurred in this Lawsuit. At the Fairness Hearing, the
Court approved an award of $598,481.78, which will be paid from the Fund.
4. DEFINITION OF THE SETTLEMENT CLASS
The Settlement applies only to Settlement Class Members. For the purposes of
the settlement, "Settlement Class Members" are defined as Register.com customers
who (i) registered a domain name using Register.com's services prior to January
4, 2001, (ii) had said registration renewed via the SafeRenew service, and (iii)
did not want said domain name renewed, and (iv) did not subsequently use the
renewed domain name in any way.
If any of the following activities, as reflected in the business records of
Register.com, were associated with a domain name, then the domain name will be
deemed to have been "used" and not part of the Class nor eligible for a refund:
1. Changing the domain name server associated with the domain name registration;
2. Proactively renewing a domain name after it has been automatically renewed;
3. Pointing the domain name to an Internet protocol address;
4. Establishing or maintaining a website;
5. Using the domain name to send or receive e-mail;
6. Purchasing any additional services from Register.com in connection with the
domain name
registration;
7. Changing the contact information associated with the domain name
registration; or
8. Transferring the domain name registration to a registrar other than
Register.com.
In addition, a domain name registered for any defensive or speculative purpose,
or otherwise to retain passive registration, is not part of the class or
eligible for a refund.
If you made any use of your domain name, including a passive, defensive, or
similar use, then you are not eligible for refund with regard to that particular
domain name. Further, if you requested and received a refund already for the
renewal of any domain name, that domain name is not eligible for another refund
now.
5. WHAT IS A CLASS ACTION?
Class actions are lawsuits in which the claims and rights of many people are
decided in a single court proceeding. One or more specific plaintiffs are named
in the lawsuit to assert the claims of others whose claims are the same or very
similar to the claims of the named plaintiff(s). The unnamed plaintiffs are
called "class members." A class action allows a large number of similar claims
to be resolved in a single proceeding, and thereby avoids the necessity for a
large number of people to file similar individual lawsuits. Because individual
class members' claims are usually relatively small, the class action device
makes it economically feasible to prosecute them; when all class members are
represented in one proceeding, the attorney fees and the costs of prosecuting
the claims are shared by the entire group of class members.
6. EFFECTS ON YOU
Anyone who is eligible to receive a refund and properly applies for one will
receive part or all of the total renewal fee charged. If the total amount of
refund applications exceeds the amount of money available for refunds from the
Fund, then refunds will be distributed on a pro-rated basis.
Under the Court's rules, any individual who does not actually apply for and
receive a refund check will not have released any individual claims against
Register.com. This is in accordance with the Court's rules which are attached
to this Second Notice for your convenience.
The Court has granted Register.com's request for a class-wide release that will
bar future class action lawsuits on the same issues asserted in the Complaint in
this Lawsuit. Future claims by individuals will not be barred.
If you apply for and received a refund for a current domain name, the
registration for that domain name will be cancelled, if currently registered by
Register.com, and become available for registration by a third party. Further,
you will release Register.com from any potential liability relating to the
SafeRenew service.
7. IF YOU ARE ELIGIBLE FOR AND WISH TO RECEIVE A REFUND
If you are eligible for and wish to receive a refund, please complete the "Proof
of Claim" that accompanies this Second Notice. In order to receive a refund
check, you must submit a Proof of Claim electronically by visting
https://cert.gardencitygroup.com/rg2/fs/confirm and entering the claim number
and control number listed below. You will then be prompted to verify your
identity before filing for your refund.
YOUR CLAIM NUMBER IS: _____________
YOUR CONTROL NUMBER IS: _________________
Further, you must execute the release attached to the Proof of Claim. If your
Proof of Claim form is submitted electronically, you may execute and return the
release electronically as well. You must submit a Proof of Claim by May 24,
2005
8. WHO REPRESENTS THIS SETTLEMENT CLASS?
The following attorneys represent Brian Wornow and the Settlement Class ("Class
Counsel"):
Jeffrey L. Fazio, Esq.
Dina E. Micheletti, Esq.
Fazio & Micheletti LLP
1900 South Norfolk Street Suite 350
San Mateo, California 94403
Class Counsel represents the interests of the Settlement Class in this Lawsuit.
Because of the large number of potential Settlement Class Members, however, it
is not possible for Class Counsel to answer individual questions concerning the
Settlement. Accordingly, the parties have agreed upon a set of Frequently Asked
Questions ("FAQs") that will provide answers to questions concerning the
Settlement and more detailed information about Settlement Class Members' rights
and responsibilities. The FAQs are posted on the following website
http://www.wornowsettlement.com . You may also hire your own attorneys, at your
own expense, to advise you in this matter.
9. WHO CAN HELP WITH ADDITIONAL INFORMATION?
This Second Notice's description of the case and of the Settlement is general
and does not purport to be a comprehensive description of the Lawsuit, the
allegations or transactions related thereto, or the terms of the Settlement.
For a more detailed statement of the matters involved in this case, you may
inspect the pleadings, the Settlement Agreement, the Orders entered by the Court
and the Appellate Division and other papers filed in the litigation, unless
sealed, at the Office of Clerk of the Court, during regular business hours of
each business day. They are available for you to inspect and copy (at your
cost) at the office of the Clerk of the Court, New York County, 60 Centre
Street, New York, NY10007 during regular business hours. You must bring the
name of the case and the case number with you, since the Clerk will not know
which case you are referring to otherwise.
DO NOT TELEPHONE OR ADDRESS ANY QUESTIONS ABOUT THE CASE TO THE CLERK OF THE
COURT OR TO THE JUDGE.
They are not permitted to answer your questions.
THE COURT EXPRESSES NO VIEW AS TO THE MERITS OF ANY CLAIMS OR DEFENSES ASSERTED
BY ANY PARTY TO THE COMPLAINT.
Dated: January 24, 2005 By Order of the
Supreme Court
of the State of New
York,County of New York
GUIDELINES FOR SETTLEMENT OF CLASS ACTION CASES PART 53
The following are general guidelines for the settlement of Class Actions pending
before Justice Ramos. When circumstances warrant, exceptions will be made.
1. All notices to members of the proposed class shall be in plain English. A
typical member of the class should be able to easily comprehend each notice.
Class counsel must draft such notices consistent with their professional
obligation to fully disclose to their clients the significance of the
information provided.
2. The issue of class certification is not a matter for stipulation between the
parties unless the settlement is without prejudice as provided below in
Paragraph 3. Otherwise, a finding that certification of the class is appropriate
will be made at an adversarial hearing.
3. Defendants shall not be released by members of the class unless the class
member accepts the settlement benefit. The failure to opt out will not result in
a release. Unless permitted by this Court, the terms of the settlement shall not
require the class members to opt out or take other action to preserve an
existing right.
4. Where applicable, the procedure to be followed by class members in applying
for the settlement benefit shall be simple and shall not require the class
member to provide information or documents not required in the first instance to
purchase the product or service other than what is reasonably necessary, such as
name, address and proof of purchase (if not otherwise determinable from the
parties' own records). When practicable, the benefit shall be forwarded to the
class members in the manner of an account credit or a refund on a product
return.
5. A summary of counsel's application for fees, which shall include the basis
and justification for the calculation, shall accompany any notice of proposed
settlement. This is required without regard to the source of the fee payment. No
fee shall be approved unless it bears a reasonable relationship to the benefit
actually accepted by the members of the class and is reasonable in light of the
risk to counsel of no recovery. Fee calculations may not be based on the
potential value of the settlement; rather, fee awards will be awarded in light
of the benefits actually received by class members.
6. The Court may appoint independent counsel to represent the proposed class
members on the question of class certification, fees to be awarded class counsel
or any other issue where the Court is unable to determine the relative strengths
of the parties' positions, or if the settlement raises questions about collusion
or the ability of plaintiffs' counsel to represent the interests of the class.
7. The Court will not "preliminarily" approve any settlement prior to the
hearing on fairness.
8. A member of the proposed class may object orally at the fairness hearing or
in writing without the need to notify counsel or to file written objections
prior to the hearing.
9. Notwithstanding Paragraph 1 above, a copy of these rules must be appended to
each notice to class members.
