I received the following email today about a settlement
between LinkedIn and it’s users. It came
across my phone this morning and I almost put it in the spam folder, thinking
it was a spam email. I didn’t want to
open it and it get a virus on my phone, you know? I opened it on a laptop computer and I
actually read it. Then I googled it just
in case it was fake! It turns out that it
is a legit lawsuit.
Linked in had a service that when you signed up you could
import your email contact list to send a note saying to connect with you. However, LinkedIn sent two more emails to
your contacts if they didn’t respond, causing “spam mail”. In the terms of the original email contact
list the user only agreed to one email being sent to their contacts, not a
total of 3 if they didn’t get a response.
Thus the lawsuit.
The lawsuit pays up to $1500 per claimant, but it probably
wouldn’t get that much after everyone signs up and lawyer fees are paid. And if
I have a couple of problems with the lawsuit.
1.
Spam emails are annoying, especially if I didn’t
consent to them anyway. However, it is
the original user that is getting the settlement, not the person who was
spammed (even though I was added to people’s emails and did get spammed
myself).
2.
Who actually reads those agreements anyway? You are looking for a way to connect with
other business professionals, not reading fine lines in user terms. I am willing to bet that it was a lawyer or
another like-minded person (i.e. sue
happy person) who filed the lawsuit.
3.
Is it fair for a company to pay the person who
consented to one email to get the money when they aren’t being spammed? I get spam emails ALL the time, do I need to
expect payment for something that I can just hit one button and never see
emails from that company again?
I’m not saying that the company should not be
penalized. When you do wrong, you should
be justly penalized for it. It should be
noted that LinkedIn has not admitted wrong doing in this case and has since
revised the terms of using the “Add Connections” feature.
I also read that the money will go to the lawyers regardless
of whether or not people file claims. I
am torn whether or not to file a claim.
I think it’s a really stupid lawsuit but then I don’t think it’s a
stupid lawsuit! I think the terms of the
lawsuit are 100% agreeable because LinkedIn should not have sent the email out,
but then again….REALLY?! Is it that big
of a deal. Just stop sending them! $13 Million??!!!
How about that money ALL go to a charity and be done with
it??!!! I think I am going to write a
claim or denial for the money to all go to a charity, but I haven’t decided
yet.
DID YOU RECEIVE THIS EMAIL? WHAT ARE YOU GOING TO DO? WRITE YOUR THOUGHTS BELOW!! :)
Read the full email lawsuit below:
NOTICE
OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT
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PERKINS
V. LINKEDIN CORP.
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You
are receiving this e-mail because you may have used LinkedIn's Add
Connections feature between September 17, 2011 and October 31, 2014.
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A
federal court authorized this Notice. This is not a solicitation from
a lawyer.
|
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Why did I get this notice? This Notice relates to a proposed settlement
("Settlement") of a class action lawsuit ("Action")
against LinkedIn Corporation ("LinkedIn") based on LinkedIn's
alleged improper use of a service called "Add Connections" to
grow its member base.
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What is the Action about? The Action challenges LinkedIn's use of a service
called Add Connections to grow its member base. Add Connections allows
LinkedIn members to import contacts from their external email accounts and
email connection invitations to one or more of those contacts inviting them
to connect on LinkedIn. If a connection invitation is not accepted within a
certain period of time, up to two "reminder emails" are sent
reminding the recipient that the connection invitation is pending. The
Court found that members consented to importing their contacts and sending
the connection invitation, but did not find that members consented to
LinkedIn sending the two reminder emails. The Plaintiffs contend that
LinkedIn members did not consent to the use of their names and likenesses
in those reminder emails. LinkedIn denies these allegations and any and all
wrongdoing or liability. No court or other entity has made a judgment or
other determination of any liability.
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What relief does the Settlement
provide? LinkedIn has revised disclosures,
clarifying that up to two reminders are sent for each connection invitation
so members can make fully-informed decisions before sending a connection
invitation. In addition, by the end of 2015, LinkedIn will implement new
functionality allowing members to stop reminders from being sent by
canceling the connection invitation. LinkedIn has also agreed to pay $13
million into a fund that can be used, in part, to make payments to members
of the Settlement Class who file approved claims. Attorneys representing
the Settlement Class will petition the Court for payment of the following
from the fund: (1) reasonable attorneys' fees, expenses, and costs up to a
maximum of $3,250,000, and (2) service awards for the Plaintiffs up to a
maximum of $1,500 each. The payment amount for members of the Settlement
Class who file approved claims will be calculated on a pro rata basis,
which means that it will depend on the total number of approved claims. If
the number of approved claims results in a payment amount of less than $10,
LinkedIn will pay an additional amount up to $750,000 into the fund. If the pro
rata amount is so small that it cannot be distributed in a way
that is economically feasible, payments will be made, instead, to Cy
Pres Recipients selected by the Parties and approved by the
Court. No one knows in advance whether or in what amount payments
will be made to claimants.
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You may also learn more by
clicking on the following links:
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
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SUBMIT A CLAIM FORM
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If the Court gives final
approval to the Settlement, this is the only way to be eligible to
receive a payment.
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Deadline: December 14, 2015
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EXCLUDE YOURSELF
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This is the only option that
allows you to retain your rights to sue LinkedIn about its alleged
improper use of Add Connections to grow its member base.
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Deadline: December 14, 2015
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OBJECT
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Write to the Court about why
you object to (i.e., don't like) the Settlement and think it shouldn't be
approved. You may mail your written objection to Judge Koh's Case System
Administrator at the United States Courthouse, 280 South 1st Street, Room
2112, San Jose, CA 95113. Alternatively, you may file your written objection
in person at any location of the United States District Court for the
Northern District of California.
You must also mail your written objection to Class Counsel and LinkedIn's
Counsel. The address for Class Counsel is: Larry C. Russ, Esq., Russ
August & Kabat, 12424 Wilshire Boulevard, 12th Floor, Los Angeles, CA
90025. The address for LinkedIn's Counsel is: Jerome C. Roth, Esq.,
Munger, Tolles & Olson LLP, 560 Mission Street, 27th Floor, San
Francisco, CA 94105.
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Deadline: December 14, 2015
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GO TO THE "FINAL APPROVAL
HEARING"
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The Court will hold a
"Final Approval Hearing" to consider the Settlement, the
request for attorneys' fees and expenses of the lawyers who brought the
Action ("Class Counsel"), and the request for service awards of
the plaintiffs who brought the Action ("Class
Representatives").
You may, but are not required to, speak at the Final Approval Hearing
about your written objection. If you intend to speak at the Final
Approval Hearing, you must include your intention to do so in your
written objection. Follow the procedure described above for providing
your written objection to the Court as well as to Class Counsel and
LinkedIn's Counsel.
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Deadline: December 14, 2015
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DO NOTHING
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You will not receive a
payment, even if the Court gives final approval to the Settlement. You
will also be giving up any claims you may have against LinkedIn based on
its alleged improper use of Add Connections to grow its member base. You
may be eligible to receive the non-monetary benefits of the Settlement,
if the Court gives final approval to the Settlement.
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No deadline
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More information? For more information about the Settlement and how
to take the actions described above, please visitwww.AddConnectionsSettlement.com or
write to the Settlement Administrator at Perkins v. LinkedIn Corp.,
Settlement, c/o Gilardi & Co. LLC, P.O. Box 808012, Petaluma, CA
94975-8012,info@AddConnectionsSettlement.com. You
may also contact Class Counsel by calling (310) 979-8244.
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Do Not Address Any Questions
About The Settlement Or The Litigation To LinkedIn, The Clerk Of The Court,
Or The Judge.
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