Case 1:11-cv-05588-RRM-RER Document 2-5 Filed 11/18/11 Page 1 of 1 PageID #: 97
LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
THIS IS NOT AN ADVERTISEMENT OR ATTORNEY SOLICITATION.
THIS NOTICE MAY CONCERN YOUR LEGAL RIGHTS IF YOU ACCESSED AN INTERNET SITE OPERATED OR SERVICED
BY METACAFE, INC., INCLUDING WWW.METACAFE.COM, BETWEEN JANUARY 6, 2005 AND [PRELIMINARY APPROVAL
This notice is being published because a settlement has been proposed by all parties in the following class action matters
pending in the United States District Court, [COURT]:
WHAT IS THIS NOTICE FOR? AM I AFFECTED?
This notice is being published by order of the Court, before the Metacafe’s websites are heavily trafficked, and its content is
Court considers final approval of the proposed Settlement, and embedded in numerous other websites. For these reasons,
is meant to inform you of actions you may take in response to substantially all U.S. persons who have used the Internet
the proposed Settlement. since January 6, 2005, likely are members of the class.
• You may do nothing and be bound by the Settlement, if the Metacafe LSOs can be identified by a filename of
Court approves it. “[FILENAME].sol.”
• You also may object to the proposed Settlement, or opt out WHAT ARE MY OPTIONS?
of it, by following the instructions in this notice.
Do nothing: If you are a Class Member and do nothing, you
• The Court will hold hearings about the Settlement, which will be legally bound by the Settlement, and you will be giving
you may attend. up the right to sue the Defendant over claims related to or
This notice summarizes some of the information related to the arising out of the use of LSOs.
proposed Settlement. For more details, go to [Settlement
website address to be inserted when known]. Opt out: If you do not want to be legally bound by the
Settlement, you must exclude yourself by [DATE] or you will
WHAT IS THIS LAWSUIT ABOUT? not be able to sue the Defendant for the claims listed in the
Metacafe, Inc. allegedly deposited browser “cookies” and settlement agreement.
Adobe Flash Player local shared objects (LSOs) on users’
computers when users visited any of Metacafe’s pages on the Object: If you wish to object to the terms of the settlement,
Internet. Browsing programs may not manage LSOs, so LSOs you must file your objection by [DATE]. You may not opt out
may be deposited even when users set their browsers to block of the Settlement if you object to it.
browser cookies. Plaintiffs allege that, in some cases, after Opt-out elections and objections must be received no later than
users deleted browser cookies, information from LSOs was the above-stated dates at this address:
used to “respawn” those deleted cookies.
[INSERT SETTLEMENT ADMINISTRATOR
The Plaintiff alleges that the Defendant did not give users ADDRESS]
adequate notice and choice about its use of LSOs. The
Defendant denies this. Attend the settlement hearings: On [DATE], the Court will
hold a hearing to consider granting final approval to the
WHAT DOES THE SETTLEMENT DO? proposed Settlement. You do not have to attend either hearing.
The proposed Settlement would resolve these lawsuits before
the Court takes a position on which side is right.
For a full copy of the Notice of Settlement and details
As part of the Settlement, Metacafe states that it does not and on required procedures, deadlines, and your options
will not use LSOs to respawn browser cookie information, to and obligations, visit [Settlement website address to be
serve as an undisclosed alternative to browser cookies for inserted when known]
tracking users online, or otherwise to counteract users’
decisions to block or delete browser cookies. Metacafe agrees
to take significant future measures to enhance consumers’
In connection with the Settlement, class members will be able
to submit claims for actual out-of-pocket costs incurred as a
result of Metacafe’s conduct. Metacafe will have the right to
dispute these claims, and any disputed claims will be decided
by an independent Mediator. The maximum amount any sin-
gle class member will receive is $250. For more details, go to
[Settlement website address to be inserted when known].
Under the proposed settlement agreement, subject to Court
review and approval, Metacafe will pay plaintiff’s attorneys’
fees and costs (no more than $400,000), small payments to the
representative plaintiff and administration costs.