Checkmate vs. Yahoo! Class Action Settlement..Legit?

[WebDivx]

Hey everyone. I recieved an e-mail from "checkmatesettlement@dm-4.com" .

It had something about CHECKMATE STRATEGIC GROUP, INC.(Plaintiff), vs. YAHOO! INC., (Defendants). is this legit?

I can post the e-mail I recieved... its pretty long.

Here is an excerpt from it:

WHAT IS THIS CASE ABOUT?

Plaintiff Checkmate Strategic Group, Inc. claims that Yahoo! has breached its contracts with Class Person and committed unfair business practices under California Business & Professions Code § 17200 et seq., including improperly collecting revenue by charging and/or overcharging Class Persons for clicks that were click fraud, click through fraud, fraudulent clicks, click spam, invalid clicks, unwanted clicks, unqualified clicks, improper clicks, non-converting clicks, inadequately converting clicks, clicks that were not reasonably expected by Class Persons or otherwise claimed by Class Persons as clicks for which Class Persons should not have been charged, and improperly collecting revenue by charging and/or overcharging Class Persons for clicks where users did not actively choose the Class Persons’ listings (hereinafter "Challenged Clicks").

A. The Proposed Settlement

Since filing the action, Plaintiff, through Class Counsel, has conducted an investigation of the facts, including review of Yahoo!’s billing procedures and Yahoo!’s click filtering systems, interviews with key Yahoo! personnel, 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 Action, 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 Stipulation and Settlement Agreement (hereinafter "Agreement")1. The Agreement is available for your inspection at the clerk’s office of the United States District Court, Central District of California, Western Division. The terms of the settlement, in summary form, are as follows:

i) Yahoo! shall launch an online traffic quality center, which will be available to its advertisers within 90 calendar days of the Effective Date of the settlement. The traffic quality center will include a resource center which will contain FAQs, best practices documents, traffic quality articles, enforcement guidelines, and an advice column.

ii) Yahoo! shall designate a Yahoo! employee as a traffic quality advocate who will be part of a traffic quality group to fulfill the function of fielding advertisers’ concerns regarding traffic quality, including its click fraud prevention efforts, within 90 calendar days of the Effective Date of the settlement.

iii) Within 90 calendar days of the Effective Date of the settlement, Yahoo! shall start a program in which it chooses at least three advertisers per year who will be invited to Yahoo! to obtain special access to the traffic quality team and additional information with respect to Yahoo!’s click protection system, subject to the advertisers’ execution of nondisclosure agreements.

iv) Yahoo! shall work with third parties in an effort to develop industry-wide standards that define click fraud, set forth standards with respect to the detection of click fraud and provide the public with periodic general evaluations regarding the effectiveness of providers’ efforts to filter and prevent the charging of click fraud to customers.

v) Yahoo! will temporarily lift its 60-day contractual provision to allow Class Members to make click fraud claims for the period from January 1, 2004 to July 31, 2006. Any Class Member that wishes to participate in the additional claims review process will have to complete the Assertion of Right to Participate form, and mail by certified or registered mail the completed form to the Claims Administrator on or before November 20, 2006.

B. Attorneys’ Fees and Class Representative Compensation

Class Counsel will request that the Courts award them attorneys’ fees and expenses. They intend to request $4,950,000 in attorneys’ fees plus costs in an amount not to exceed $25,000. The fees and costs figures were determined independently of negotiation of the other terms of the settlement.

Class Counsel’s petition for fees and expenses will be filed with the court no later than October 30, 2006, and may be reviewed by any interested party. The amount paid for attorneys’ fees, expenses, and costs will be paid by Yahoo! and so will not diminish or affect any Credits which Class Members may receive.

Anyone else get this e-mail? What does it mean?

[ViciousSummer]

Yes, I got it too. Looks like a class action lawsuit has been filed against Yahoo! for charging for fraudulent clicks. It's about time, too. Paid advertising on Yahoo! is the worst converting marketing that I have ever tried.

[1EightT]

there was another post about this somewhere. I'm starting to think it's legit

[AfterHim.com]

I got it too...looks more legit than a Nigerian scam...I assumed they wanted my bank account info...so I went ahead and sent it.

[1EightT]

i'm surprised they didn't send it via regular mail. I don't know if they can take legal documents online???

[ViciousSummer]

Originally Posted by 1EightT

i'm surprised they didn't send it via regular mail. I don't know if they can take legal documents online???

I'm sure notices will be sent in the mail as well.

[SkiRat44]

I wonder what kind of company this is that is suing them?

[WebDivx]

they are like an asset search management company

[brenda]

Does this 'Code § 17200' applies on Y! Search submit

[nevetS]

I got the email too - in two locations, one of which was never tied to an Overture account so I'm skeptical... but the thing that I find really interesting is that the settlement accounts for paying the lawyers, but nothing of any sort goes to the class that they are representing.

5 Million in legal fees and no payment to the victims?!?

[clasione]

Maybe they would like the domain name: ClassActionYahoo.com ------

I want to see it get used for a good cause.....

[debunked]

Originally Posted by nevetS

I got the email too - in two locations, one of which was never tied to an Overture account so I'm skeptical... but the thing that I find really interesting is that the settlement accounts for paying the lawyers, but nothing of any sort goes to the class that they are representing.

5 Million in legal fees and no payment to the victims?!?

Class action lawsuits make me sick because of this. They seem to just be easy money for lawyers using people.

[Crazy_Rob]

spam - spam -spam -spam!

[thewindmaster]

I am with Rob, I believe this email to be spam as well. It is unfortunate that spammers are getting so good that webmaster have to analyze whether a specific email is spam or not.

[YahooSarah]

Hello All,

I noticed there were some concerns on the boards as to whether or not the email notification around the Checkmate settlement is legit. It is in fact a legitimate notice and you should also be getting a notice via snail mail.

If you have any questions call the number referenced in the notice or take a look at the announcement here: http://yhoo.client.shareholder.com/R...leaseID=202354.

Hope this clears things up for you.

Best,

YahooSarah

[Chrisal67]

I would like to object just to the 5 mil lawyer fees.

[debunked]

second message received tonight updating it.

[chops]

This checkmate email has winged its way to the UK also.
Let's see if it might make more than my adsense at the moment...

[tbarr60]

I received the emails plus I received a letter in the mail today. I skimmed through it and saw the lawyers were taking something like a minimum of $5 million but no mention of how we plantiffs would be paid.

I expect some people will cheat the system and expect Yahoo and others to make efforts to stop them and continually work on the system. I can't say I am enthused about suing a decent source of traffic and enriching greedy lawyers in the process that will likely net me $5 of the 5 million.

[sholiz]

I recieved a letter in the mail today aswell, I think it's legit.

I am worried, however, about Yahoo's privacy policy ... considering they got all of our emails, and some of our mailing addresses.