datto510 Posted January 15, 2011 Report Share Posted January 15, 2011 I got this email From Ebay this afternoon. I didn't click on any of the links in the email for fear of malware. Anyone else seen this? ........................................................................................................................................................... Please read the notice below carefully as your rights may be affected. IMPORTANT LEGAL NOTICE – PLEASE DO NOT DELETE A. INTRODUCTION You are receiving this notice because eBay’s 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.ebaymotorsfeeclassaction.com. This Notice summarizes how a proposed settlement of the Lawsuit may affect you. 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 Court’s 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 eBay’s Store Inventory Format are excluded from the Settlement. This group of persons is the “Settlement Class.” eBay’s 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 eBay’s 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.ebaymotorsfeeclassaction.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.ebaymotorsfeeclassaction.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.ebaymotorsfeeclassaction.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 eBay’s records. Payment will be sent to you at the address in eBay’s records PAYABLE TO THE NAME NOTED AT THE TOP OF THIS EMAIL unless you update your mailing address at the following web address: www.ebaymotorsfeeclassaction.com and/or update your legal name pursuant to the instructions on the website. The amount of payment will be determined based on eBay’s 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 Section F. (3) You can object to the settlement, as explained below in Section G. E. HOW TO RECEIVE YOUR SETTLEMENT PAYMENT Receiving your settlement payment is easy. The amount owed to you will be calculated based on eBay’s 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 associated with your eBay user ID from the Class Period are already correct. If your address with eBay is not current, please update your address on-line at www.ebaymotorsfeeclassaction.com by no later than March 28, 2011. If you prefer to update your address by mail, instructions for how to do so can also be found on the Settlement website. The only information you need to provide in order to update your address is your current contact information, including all eBay user IDs you used between April 21, 2005, and August 26, 2009, e-mail address and physical address – you do not need to give any passwords or account numbers. If your legal name is not the name this email was addressed to above, you will need to contact the Settlement Class Administrator. Go to www.ebaymotorsfeeclassaction.com for instructions and the specific information you will need to provide to report a change of name. IF YOUR CURRENT ADDRESS AND LEGAL NAME IS NOT IN EBAY’S RECORDS AND YOU DO NOT UPDATE YOUR INFORMATION AS DESCRIBED ABOVE, YOUR SETTLEMENT PAYMENT MAY NOT BE DELIVERABLE TO YOU OR BE ABLE TO BE CASHED. Undeliverable and/or otherwise uncashed settlement payments will be disbursed to certain charities or other organizations approved by the Court. F. HOW TO OPT OUT AND THE EFFECT OF OPTING OUT Instead of receiving a payment as part of the Settlement, you may opt out of the Settlement Class. You may do so by sending a written notice of exclusion by first class mail, postmarked not later than February 14, 2011, to: Yingling v. eBay Class Action, EXCLUSIONS, Class Administrator,c/o A.B. Data, Ltd., PO Box 170500 Milwaukee, WI 53217-8042 . Your written notice of exclusion must: (1) include your name, address, e-mail address, telephone number, and each eBay user I.D. utilized by you during the Class Period; (2) state that you wish to be excluded from the Settlement Class; and (3) be signed by you. If you opt out of the Settlement Class, you: (1) will not receive any of the cash payments 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. G. HOW TO SUBMIT AN OBJECTION If you have any objections to the Settlement, you must file them with the Court by February 14, 2011. You cannot do this on-line nor can you simply mail something to the Settlement Class Administrator. The objection must include the Class Member’s name, current address, current telephone number, current email address, each eBay user I.D. utilized by the Class Member during the Class Period, the basis of the objection, all arguments, citations, and evidence supporting the objection and that they are a member of the Class, and whether the objector intends to appear at the final fairness hearing, either with or without counsel. Please also note that you must send copies of the objections you file to Class Counsel and Defense Counsel. Neither the Class Counsel nor Defense Counsel may assist you in asserting objections; you will have to object on your own or hire, at your own expense, your own lawyer. In order to obtain the necessary addresses for the Court, Class Counsel, and Defense Counsel, please go to www.ebaymotorsfeeclassaction.com and review the page regarding objections. H. WHEN WILL THE COURT CONSIDER THE SETTLEMENT? At 9:00 a.m. PST on March 28, 2011 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 James Ware, Courtroom 8, 4th Floor, Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002. Class Counsel will appear on behalf of the Settlement Class. I. HOW TO GET MORE INFORMATION Please do not respond to this message; the address is not monitored and no one will read any response you send. Instead, if you have further questions about the Lawsuit and Settlement go to www.ebaymotorsfeeclassaction.com. 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: Mr. Richard W. Wieking, Court Clerk, 2112 Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002, for inspection and copying at your own expense during regular business hours. The pleadings in the case can also be viewed on-line through PACER, the Federal Court’s on-line pleadings database. PACER can be accessed at http://pacer.psc.uscourts.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 Quote Link to comment
metalmonkey47 Posted January 15, 2011 Report Share Posted January 15, 2011 Nope, not me. You sell any parts lately? Sounds like BS to me. Quote Link to comment
oneta22 Posted January 15, 2011 Report Share Posted January 15, 2011 i did............... Quote Link to comment
MicroMachinery Posted January 15, 2011 Report Share Posted January 15, 2011 I did not. Quote Link to comment
izzo Posted January 15, 2011 Report Share Posted January 15, 2011 still looks like spam. Dont contact courts, dont contact ebay or paypal.. Sounds fishy Quote Link to comment
datto510 Posted January 15, 2011 Author Report Share Posted January 15, 2011 Nope, not me. You sell any parts lately? Sounds like BS to me. I have sold a few pieces on Ebay over the years. Not too much though. Quote Link to comment
datto510 Posted January 15, 2011 Author Report Share Posted January 15, 2011 still looks like spam. Dont contact courts, dont contact ebay or paypal.. Sounds fishy Agreed. Quote Link to comment
izzo Posted January 15, 2011 Report Share Posted January 15, 2011 my buddy got suckered once, thought it was an official ebay/paypal message. He gave them his info. he got cleaned out, and took a while to get money back.. Quote Link to comment
bananahamuck Posted January 15, 2011 Report Share Posted January 15, 2011 You could go to court website for ( James Ware, Courtroom 8, 4th Floor, Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002 ) and the message said hearing had a set date so you should be able to find it on the DOCKET for the day specified in e-mail .if it`s not then be very very VERY afraid .. You could also contact ( research well first ) Figari & Davenport LLP and see if they even know anything without you giving any info of you personally.. ALSO make sure ( James Ware, Courtroom 8, 4th Floor, Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002 ) is the actual address of court house and whatnot (dont use their link) Quote Link to comment
HRH Posted January 15, 2011 Report Share Posted January 15, 2011 The wording is legit, I have a similar letter from a company I'm dealing with. Generally the won't contact you via email, they'll just send a letter. I would imagine the letter is genuine, but not from ebay, and probably the links are phishing links designed to steal your information should you put some in there. I like to go to the sites and put in random curses as my information! ;) Quote Link to comment
datzenmike Posted January 15, 2011 Report Share Posted January 15, 2011 Report it!!!!!! Quote Link to comment
808DA6 Posted January 15, 2011 Report Share Posted January 15, 2011 If your mailing address and name are correct in your eBay account then you don't have to do anything. Ride it out and see what happens. If you need to submit new contact info, be cautious. I got the same email. I don't plan on doing anything about it since all my info is up to date. Plus, I haven't sold on eBay motors in a LONG time. -B Quote Link to comment
bananahamuck Posted January 15, 2011 Report Share Posted January 15, 2011 I noticed i left out very best option--------------- ignore it----------- Quote Link to comment
datto510 Posted January 15, 2011 Author Report Share Posted January 15, 2011 The wording is legit, I have a similar letter from a company I'm dealing with. Generally the won't contact you via email, they'll just send a letter. I would imagine the letter is genuine, but not from ebay, and probably the links are phishing links designed to steal your information should you put some in there. I like to go to the sites and put in random curses as my information! ;) A little more digging is turning up a lot of info on the Ebay sellers forums. They seem to think the case is real but the email is from a phisher. Report it!!!!!! Rodger Wilco but....to who? Quote Link to comment
thisismatt Posted January 15, 2011 Report Share Posted January 15, 2011 I got it. I think it's legit, as it never asks you for any sensitive information, and it purposely tells you that you can simply do nothing and you'll be automatically be awarded the amount of any settlement, sent to your existing ebay name/address. Even if you click through to potentially change your mailing address, it never asks you to log in to anything or provide any information that isn't already public. Quote Link to comment
Jersey Posted January 15, 2011 Report Share Posted January 15, 2011 I received it as well. It's suspect, however, I will look forward to a refund...if one is sent. Quote Link to comment
tdaaj Posted January 15, 2011 Report Share Posted January 15, 2011 recieved as well. there were a couple years where my ebay sales were over a couple grand. i'm checking cautiously also. Quote Link to comment
420n620 Posted January 15, 2011 Report Share Posted January 15, 2011 if you receive an email, an not sure if it's from Ebay and you want to make sure it's legit, go into your My Ebay Summary page, click on Messages inbox, there you should be able to see if the email is legit, if you don't see the email, report it to Customer Support. Quote Link to comment
MikeRL411 Posted January 15, 2011 Report Share Posted January 15, 2011 Forward the message to reportphishing@antiphishing.org and let them sort it out. Quote Link to comment
FoxyRoadster Posted January 15, 2011 Report Share Posted January 15, 2011 apparently the case is real, but I wouldnt mess with that website as they may not be. Quote Link to comment
DatLuv Posted January 15, 2011 Report Share Posted January 15, 2011 Its not an email from ebay but it is a legit email and case. Thing is that small percentage only applies to your selling fees so you're looking at maybe 2-3 dollars at the most? Yeah, kind of pointless. Quote Link to comment
hang_510 Posted January 17, 2011 Report Share Posted January 17, 2011 Rodger Wilco but....to who? FWD the msg to: spoof@ebay.com paypal uses the same Quote Link to comment
datto510 Posted January 17, 2011 Author Report Share Posted January 17, 2011 FWD the msg to: spoof@ebay.com paypal uses the same Thanks. Done. Quote Link to comment
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