Yahoo Class action Lawsuit settled.

Maybe a few more of these court rulings and some of the major paid sites will finally Stop using Fake profiles,  Fake emails,  autogenerated winks  etc to convert members to paying subscribers. 

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ROBERT ANTHONY v. YAHOO! INC., Case No.: C05 04175 RMW
(USDC, NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION)

THIS NOTICE MAY AFFECT YOUR RIGHTS
PLEASE READ ALL OF IT CAREFULLY

ATTENTION: ALL PERSONS IN THE UNITED STATES WHO WERE PAID SUBSCRIBERS
TO YAHOO! PERSONALS BETWEEN OCTOBER 1, 2004 AND AUGUST 3, 2007

Dear Yahoo!, Inc. Customer,

This notice (the “Notice”) informs you of a proposed settlement of class action claims against Yahoo!, Inc. For the sake of brevity and clarity, Yahoo!, Inc. will be referred to for the remainder of this Notice simply as Yahoo! This Notice describes the proposed settlement and informs you of your potential rights as a settlement Class Member. You are being sent this Notice because you have been identified as a Yahoo! customer who paid to subscribe to Yahoo! Personals between October 1, 2004 and August 3, 2007. Yahoo! has agreed, under the terms of the Settlement, to provide you with the opportunity to submit a valid and timely Claim Form through which you may be eligible to receive monetary compensation as discussed below in Section 5.A.2.

READ THIS FIRST

1. WHY SHOULD I READ THIS?

This Notice, given pursuant to an Order of the Court dated August 3, 2007, describes a proposed settlement of a class action against Yahoo!, and you have been identified as a potential Class Member.

2. WHY DID I RECEIVE THIS NOTICE?

You received this Notice because a search of Yahoo!’s computer records indicates that you were a subscriber of Yahoo! Personals at some point between October 1, 2004 and August 3, 2007. This Notice provides a summary of the terms of the proposed settlement. It also explains the lawsuit, your potential legal rights under the Settlement, what benefits may be available to you under the Settlement, and how to get them.

3. WHAT IS A CLASS ACTION?

In a class action, one or more individuals or businesses, called Class Representatives (in this case, Robert Anthony) sue on behalf of others that have similar claims. All of these other individuals are members of the “class”. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Court Judge Ronald M. Whyte is in charge of this class action.

4. WHAT ARE THE CRITICAL DATES?

Event Date
The last date that your Claim Form must be postmarked if you wish to be eligible to possibly receive a payment under the terms of the Settlement. December 15, 2007
The last date to submit your written request to be excluded from the Settlement if you are not willing to be bound by it and do not want to be eligible to receive a payment. October 15, 2007
The last date to submit any written objection to the Settlement. October 15, 2007
The hearing on any objections and to give final approval to the Settlement. November 15, 2007

5. WHAT IS THIS CASE ABOUT?

On October 12, 2005, Robert Anthony (“Plaintiff”) filed suit against Yahoo!, Inc. (“Yahoo!”) in the United States District Court, Northern District of California. Plaintiff alleged various claims against Yahoo! (specifically, breach of the implied covenant of good faith and fair dealing, Florida statute §501.204 et seq.,fraud, and negligent misrepresentation), by virtue of his allegation that profiles posted for purposes other than dating appeared on the Yahoo! Personals website. Plaintiff brought suit on his own behalf and on behalf of all Yahoo! Personals paid subscribers in the United States since October 1, 2004. Plaintiff sought recovery of damages, various forms of equitable relief and attorneys’ fees and costs. Yahoo! has denied, and continues to deny any and all claims and allegations of wrongdoing asserted in the case and has substantial factual and legal defenses to all claims alleged in the case. Yahoo! has maintained and continues to maintain that it has acted in accordance with governing law. Nonetheless, the parties have concluded that further participation in the case would be protracted and expensive, and that it is desirable that the case be fully and finally settled in the manner and upon the terms set forth in this Notice and in the Parties’ Settlement Agreement.

A. The Proposed Settlement

Since filing the Action, Plaintiff, through Class Counsel, has conducted an investigation of the facts and has analyzed the relevant legal and factual issues. Class Counsel obtained substantial information about the nature and extent of Yahoo!’s challenged practices through this process.

Although Yahoo! does not believe it has done anything wrong and continues to deny all claims and allegations of wrongdoing asserted in the case, Plaintiff and Yahoo! agreed to enter into a Settlement Agreement after an extensive exchange of information and vigorous arms-length negotiation. If approved by the Court, the Settlement Agreement will result in dismissal of this case and final resolution of all claims raised. Such dismissal will release Yahoo! from future liability for the acts and practices complained of. The settlement terms are described in full in a document known as the Settlement Agreement (hereinafter “Agreement”)1 . The Agreement is available for your inspection at the clerk’s office of the United States District Court, Northern District of California. The terms of the Settlement, in summary form, are as follows:

1. To the extent that they are not already in place, no later than 30 days after Final Approval of the Settlement, Yahoo! will take the following actions, which shall remain in force and effect for a period of two (2) years from the date of Final Approval of this Settlement by the Court:

(a) Yahoo! will maintain the “Report a Complaint” link on the profile detail pages appearing on the Yahoo! Personals website.
(b) Profiles that have been inactive for a period of 120 days shall be rendered unsearchable by Yahoo! and Yahoo! shall include this notification in its Additional Terms of Service relating to Yahoo! Personals.
(c) When a user of Yahoo! Personals cancels his or her subscription, a screen will be presented to the user giving the user the option to delete the profile, render the profile unsearchable or keep the profile active. If the user makes no selection, the profile will automatically be deactivated.
(d) Yahoo! will maintain mechanisms in place to detect duplicative photographs, abusive language and the revelation of improper personal information.
(e) Yahoo! will update its Additional Terms of Service relating to Yahoo! Personals to inform its users that that they may see profiles or other content which they feel were created by third parties, contrary to obligations in the applicable terms of services, guidelines and code of conduct, for purposes other than dating, including spam and commercial profiles.
(f) Yahoo! will modify its Additional Terms of Service relating to Yahoo! Personals to include disclosures regarding searchable Yahoo!-created test profiles, if any, that may be used when necessary to ensure service quality. The modifications will disclose how searchable test profiles, if any, are designated so that they are readily identifiable to users.
(g) Yahoo! may make additional changes to its site content, si

56 Responses to “Yahoo Class action Lawsuit settled.”

  1. Online Liability Blog Says:

    Markus, thank you for sharing this.

    -Michael

  2. Dave Says:

    Markus, can you break this down into plain english… as a former yahoo personals user I am trying to understand this…

  3. Ryan Says:

    Seems to me that Yahoo personals contained bogus listings.

  4. GARY CONNIFF Says:

    MARCUS, HAD A HARD TIME TRYING TO CANCEL YAHOO PERSONALS AFTER FINDING THIS SERVICE A “JOKE”. THANX,GARY

  5. Brook Hilton Says:

    This means basically that “Maybe a few more of these court rulings and some of the major paid sites will finally Stop using Fake profiles, Fake emails, autogenerated winks etc to convert members to paying subscribers. ”

    I think i will persue my 35 bucks.

  6. JM Says:

    My husband and I met and got married over a year ago as a resuylt of both being on Yahoo. We could not have done better. We are thrilled with our choice and Yahoo.

  7. Bryan Says:

    I met my wife on Yahoo, but I agree with the lawsuit. I had a hard time weeding out the fake profiles and garbage replies. It felt like Yahoo was playing games with the site.

    Full Disclosure: My wife lived only a few miles from me, but it took meeting online for us to meet in person.

  8. Josh Says:

    I met my ex girlfriend on yahoo..

    I myself also find it hard to weed out the fake from the real..

    Keep in mind that Yahoo is not the only dating site that uses these tatics..

  9. Warren Says:

    True.com does the same thing. They hire female staff with real profiles
    to “wink” at you.

  10. Chris Says:

    As of today, Yahoo still has many fake profiles. Pictures of beautiful young women searching for men age 30-60. In some cases the details are verbatim, copied and pasted. The only difference is the photo, age, and location. I have signed up a few times, off and on, and definatley would like to be reimbursed.

  11. Gary Lester Says:

    Wow… I had just the opposite experience.
    I met and dated two very nice women via the Yahoo personals during that time period.
    I can’t say I ever had the feeling anything was contrived and I have seen other sites that are a complete sham.
    Good luck to everyone!

  12. Gary Tackett Says:

    I joined this site January 25th 2007. At first glance I thought Wow, look at this, all these Women. Lol. I paid a minimum of $49.95 for 3 months membership. I sent out numerous emails over a 2 month period with not one response to them. I felt scammed. I would like it very much to see Yahoo to have to repay me for their tactics.
    Gary Lee Tackett.
    P.S. I was sent a form a few months back but after doing a recovery I had lost it.
    This morning I thought I do a search on google, Thanks Yahoo. Yah Right….

  13. Gary Lester Says:

    Oh and by the way one of the two women I met and dated is still and has been my steady girlfriend since we met on Yahoo personals almost four years ago.
    Thanks Yahoo!
    Gary and Cindy

  14. Dan Says:

    Yahoo uses a huge number of FAKE personals in order to attract new customers. There are real people there obviously. But if you are a man looking for a good looking female you can waste a lot of time.

    Most of the fake adds usually have a pic of a gorgeous young girl, a basic 3 lines profile and wide criteria in what she is looking for.

    Do the math: why would a absolutely stunning, young, college educated, professional woman with her life together want to join a web site, pay for it and find an 350lbs, bold, short guy with no money?

    If you can answer that, go ahead and pay $25/month and waste your time

    Good luck

  15. ed nava Says:

    I timely submitted a completed claim form and have not received a distribution under teh terms of the settlement. When will a payment be made by the administrator pursunt to the terms of the settlement. (ed4nava@sbcglobal.net)

  16. Robert Says:

    I think what Yahoo does is block E-mails to and from potential matches, so they can still have paying members and allowed E-mails from people that aren’t even close of what members are looking for.
    It would be nice to set a trap for Yahoo and take them to the cleaners.

  17. jeff schlosberg Says:

    What a disgusting service administered by hellbound scum. I tried to IM a female who had viewed me, and I was redirected to a threatening male picture. I hope this free service rots with Lucent Technology.

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  22. Linda Says:

    I submitted a claim, also, and have heard nothing. Just Googled and found this info! Time to make a phone call!

    This website contains a summary of the basic information regarding the Settlement. If you have read the information regarding the lawsuit located on the home page and the Notice but have additional questions concerning the Settlement in general, please contact the Claims Administrator by email at AnthonySettlement@gardencitygroup.com, toll free at 1 (888) 298-6319, or in writing at:

    Anthony, et al. v. Yahoo!, Inc. Settlement
    c/o The Garden City Group, Inc.
    P.O. Box 9148
    Dublin, OH 43017 – 4148
    Toll Free: 1 (888) 298-6319

  23. Linda Says:

    UPDATE: Here is another # that should get you directly to a person: 800-231-4757. I just spoke with them and confirmed that my “claim” had been received and that I am entitled to a payment (whatever that amount may be), but the courts have not (as of today) given permission for the distribution. They don’t have any way of knowing when that will be. Typically, it takes 6 months to 1 year, and it has been 1 year. It will be interesting to see if anyone gets anything.

  24. Ray C. Says:

    Yahoo Personals continues with VERY HEAVY fraudulent content — MANY fraudulent gorgeous-young-female postings have been encountered right up tp present time (1-02-09). Are new or followup lawsuits possible? If such are possible I would be strongly interested in being included as a plaintiff (Was not notified & missed out on lawsuit last time). Informative replies are requested. Thanks — Ray

  25. Lisa Says:

    I, and several others I know, are interested. Can you please let me know if you have had progress and a status. I do not have a law degree, however, am very close (including have family) that are attorneys, etc. Please let me know as I plan on pursuing this drastically and am interested in joining your suit also.
    Thank you,
    Lisa

  26. MrDoughnut Says:

    I had joined AOL Lovematch, Match.com on MSN.com, and Yahoo personals. I noticed the bogust atmosphere an absurd demands by women on the sites. I met a few that admitted working for sites one for yahoo an another claimed for a totally different site while running an ad on Yahoo.

    I unjoined the sites but perhaps sooner than the qualification period for the lawsuit. I am more clever now knowing that some girls got their own scam even aside from the site’s

    If the person lists their actual town you could find them at the near by mall. Example: Morristown NJ The Mall At Shorthills or Short Hills Mall would be the hangout for rich hot women. I found one yahoo girl working at the Mall. Copy the ads and photo to use as an Identification template.

    You have to think: Where do they shop, What mall, or what grocery store ?

  27. MrDoughnut Says:

    You have to gain the necessary data in order to foil these diamond diggers. Use only the zipcodes of the women your trying to find so you can track them down on several dating sites. You will see their using several different screen names but the same photos. Eventally you may even find a different site where they give their real name an hence you can try searching the phone book Online to get their real phone number. A real name can also get an address, a map, and even a satelite photo of their place!🙂

  28. Ripped Off Says:

    I just spoke to Garden City Group at 800-231-4757 and after being put on hold a few times I was told that they were trying to find out the status of the claim. You would think they would know the status of their claims system without a doubt.

    As “Linda” stated in December 2008
    “confirmed that my “claim” had been received and that I am entitled to a payment (whatever that amount may be), but the courts have not (as of today) given permission for the distribution. They don’t have any way of knowing when that will be. Typically, it takes 6 months to 1 year, and it has been 1 year. It will be interesting to see if anyone gets anything.”

    After being transferred “to someone who could explain it better” I was told today that the typical 12 to 18 month period had just expired for the court to give permission and so they expected to start distribution within the next 30 to 60 days. Funny how the timeframes are expanding and becoming longer. Does anyone know anything about Garden City Group and their background?

  29. Curt_h2o Says:

    After paying for a 6 month subscription, I started getting im’s from girls claiming to have seen my profile. After chatting with them a while on messenger, they all have one thing in common, they had recently moved to Nigeria, South America. That is proof enough for me to jump on the class action bandwagon.

  30. Ripped Off Says:

    Melissa at Garden City Group now claims that the court has not decided yet on the distribution of funds. She stated it might be 2 weeks or 2 months to find out. This sounds to me like they might be in on the take as well by delaying payments in hopes of people forgetting about it IF the case has been finalized.
    I believe if more people would contact them at 800-231-4757, and have your claim number handy, it might speed up the process.

  31. pottokettle Says:

    The court system is still doing its finest work😉

  32. 4102dude Says:

    thanks for keeping us in the loop Ripped Off. i dont think i know where my claim # is or else id call.i will try and find it and give them a call.

  33. Rebecca Says:

    I got my check today! Took a while but it did finally come.

  34. Jordan Says:

    Got a check for $35…is that what everyone else is getting?

  35. Rebecca Says:

    I got $35 too

  36. Ross Says:

    I got $35 today also! Yahoo!!!

  37. Gary Says:

    I received my settlement check today! 35.00 Yipppieee! Still single though!

  38. Rickster Says:

    Received $35 payment check in yesterday’s mail.

    Yahoo was one of the more problematic sites, I remember. Full of floating accounts from scammers, old profiles, etc.. Match was a better site, though wasn’t immune to these problems. The adult-oriented sites are 99% contrived, so don’t ever waste your time/money on those.

    FWIW, met my current girlfriend through POF and Match.

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