Did you receive the email below from WebLoyalty.com, Inc., a Norwalk,
Connecticut-based company that develops programs that provide subscribers access
to money saving services and guarantees (loyalty programs). The email below
began circulating in early March 2009.
If
this email is legitimate (it appears to be, but it is hard to know for sure,
because the email refers to events that will happen in the future, and there
appears to be no independent publication of this "proposed settlement") then it
may not be such a good deal, anyway.
The second option is relevant, if you choose to "submit a timely and valid
Claim Form (see http://www.webmarketingsettlement.com/claim.pdf
)to receive a cash settlement payment in an amount equivalent to the cost of
up to two months' membership in each Program". The link in the email
provides this information:
In many cases, that would be $24 (when they charged $12/month).
The notice says that this is a proposed settlement. That would indicate that
the judge has not yet accepted or approved it. If you sign up for it, it
is possible that you will then be stuck with it (2 months worth), while those
who wait could get a better deal from the final settlement.
We're not lawyers and this is not legal advice... but it just doesn't look
like a good deal. We'd wait for the final settlement on June 30, 2009.
Subject:
Federal Court's Notice of Proposed Class Action Settlement. Please Read.
In Re
Webloyalty.com, Inc. Marketing and Sales Practices Litigation,
MDL Case No. 07-01820-JLT, Lead Case No. 06-11620-JLT (USDC,
District of Massachusetts)
A FEDERAL COURT ORDERED
THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER OR FROM
WEBLOYALTY.COM, INC. ("WLI") TO PURCHASE ANYTHING.
YOU MAY BENEFIT FROM A
PROPOSED CLASS ACTION SETTLEMENT. PLEASE READ.
This email is a summary of the
full Notice that is available on the Settlement website at:
www.webmarketingsettlement.com
You may be eligible to receive compensation from a proposed class
action settlement if you enrolled in or were a member of WLI's Reservation
Rewards, Shoppers Discounts & Rewards, Members Specials, Buyer Assurance,
Distinctive Privileges, PC Protection Plus, Travel Values, Travel Values
Plus, Classmates Rewards, and/or Wallet Shield program (collectively, the
"Programs") from September 11, 2000 through September 30, 2008.
A federal court has directed that this Notice be sent to inform you of a
proposed class action settlement. Records show that you were enrolled in or
were a member of one or more of the Programs identified above from September
11, 2000 through September 30, 2008. The "Settlement Class" or "Class,"
however, shall not include: (1) those consumers who both were residents in
the United Kingdom and enrolled in a Webloyalty International, Ltd. program,
(2) those consumers who received a complimentary Program membership, and (3)
those WLI employees who were members of a Program for purposes of fulfilling
their job functions.
The Settlement will resolve a lawsuit in which claims are made that WLI,
et al. (the "Defendants"), among other claims, failed to disclose Program
enrollment details regarding monthly billing and transfer of billing
information causing consumers to enroll in Programs without full consent in
violation of state and federal law. Defendants deny any wrongdoing and the
Court has not decided the merits of these allegations. The parties have
agreed to settle and provide benefits to Class Members in exchange for a
release of claims by Class Members arising out of any of the allegations in
the lawsuit or Class Members' membership and/or enrollment in the Programs.
To determine if you are a Class Member eligible to receive compensation
and to obtain a full Notice of the proposed Settlement, which includes the
required procedures, the deadlines, your obligations, and your options, you
must visit
www.webmarketingsettlement.com. You may also
obtain the full Notice by calling the Settlement Administrator at
1-888-571-1765, sending an email request to the Settlement Administrator at
webmarketingsettlement@gardencitygroup.com, or
writing the Settlement Administrator, c/o The Garden City Group, Inc., P.O.
Box 9265, Dublin, OH 43017-4665.
If you are an eligible Settlement Class Member you have rights,
obligations and options under the proposed Settlement. You have until May
29, 2009 to make certain decisions and until September 2, 2009 to file a
Claim Form. Your legal rights are affected whether you act or not.
SUMMARY OF SETTLEMENT
BENEFITS AND YOUR OPTIONS
1. PARTICIPATE IN THE SETTLEMENT AND SUBMIT A CLAIM FORM
Class Members who submit a timely and valid Claim Form can receive a cash
settlement payment in an amount equivalent to the cost of up to two months'
membership in each Program for which they were enrolled. Defendants will
pay a Settlement Cash Amount up to ten million dollars ($10,000,000). If
the amount of the claims submitted exceeds this amount, the amount of each
individual cash settlement payment will be reduced proportionately so it
does not exceed the maximum. The Settlement also provides for comprehensive
remedial changes in the manner of enrollment in the Programs and the
information provided to consumers concerning their enrollment and membership
in the Programs.
The cost of Settlement notice, administration costs, and attorneys' fees
and expenses will be paid by WLI separate and apart from the Settlement Cash
Amount. These costs will in no way reduce the benefits available to
Settlement Class Members from the Settlement Cash Amount.
The Claim Form also gives you the opportunity to cancel memberships in
any of the Programs. A Claim Form may be obtained on-line at
www.webmarketingsettlement.com, by calling
1-888-571-1765 or by sending a written request to the Settlement
Administrator, c/o The Garden City Group, Inc., P.O. Box 9265, Dublin, OH
43017-4665. Your Claim Form must be postmarked no later than September 2,
2009. For more information regarding the eligibility requirements and the
Settlement benefits, you may visit
www.webmarketingsettlement.com. Please do not contact
the Court.
2. EXCLUDE YOURSELF FROM THE SETTLEMENT
This is the only option that allows you to bring your own lawsuit against
the Defendants for the same types of claims alleged in this matter. Your
request for exclusion must be mailed to the Settlement Administrator and
postmarked on or before May 29, 2009. The full Notice, available at
www.webmarketingsettlement.com, explains how to exclude
yourself. Please do not contact the Court.
3. OBJECT TO OR COMMENT ON THE SETTLEMENT/ATTEND THE FINAL APPROVAL
HEARING
If you do not exclude yourself, you can write the Court and mail a copy
to the Settlement Administrator and one of Class Counsel about why you do,
or do not, support the proposed Settlement or any of its provisions or about
speaking to the Court about the fairness of the proposed Settlement. The
Court will hold a hearing on June 30, 2009 at 12:00 p.m. to determine
whether the Settlement should be finally approved. Your objection or
comments must be filed with the Court and served on or before May 29, 2009.
You can also attend this hearing, but you do not have to. The full Notice,
available at
www.webmarketingsettlement.com, explains how to object
or comment on the proposed Settlement and the procedures you need to follow
if you intend to appear at the Fairness Hearing.
4. DO NOTHING
If this proposed Settlement is approved, you will automatically be
included in the Settlement Class and give up your right to be part of any
other lawsuit regarding the same issues raised in this Litigation, and you
will not be eligible to receive compensation from the Settlement unless you
submit a Claim Form.
FINAL FAIRNESS HEARING
On June 30, 2009 at 12:00 p.m, a hearing will be held in Courtroom
22, 7th floor, of the John Joseph Moakley United States Courthouse, 1
Courthouse Way, Boston, Massachusetts 02210. The purpose of the hearing is
for the Court to decide whether the proposed Settlement is fair, reasonable
and adequate and should be approved. The Court will also decide whether a
final judgment should be entered dismissing this lawsuit, and the amount of
attorneys' fees and reimbursement of expenses and incentive awards to the
Settlement Class Representatives. This hearing may be postponed without
further notice.
To get complete information about the proposed Settlement, copies
of the full Notice and Claim Form as well as the deadlines, your
obligations, and your options, you must visit
www.webmarketingsettlement.com, call
the Settlement Administrator toll-free at 1-888-571-1765 or send an email to
webmarketingsettlement@gardencitygroup.com. Do
not contact the Court.
Please do not reply to this message. We are unable to respond to
inquiries sent in reply to this email. To contact us, please access the
official Settlement website at
www.webmarketingsettlement.com.
