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j2’s records show that you are, or have been, a customer of j2 through its voice services brands Onebox, Phone People, and/or eVoice (the “Services”), and j2 charged you a late fee during the Class Period (August 26, 2010 to September 18, 2014 for Onebox or Phone People and to April 10, 2015 for eVoice). If you paid that late fee, you may be entitled to make a claim in this class action Settlement. The notice explains the Action, the Settlement, and your legal rights.
This class action lawsuit, called Law Enforcement Officers, Inc. v. j2 Web Services, Inc., Case No. BC555721, is pending in the Superior Court of California for the County of Los Angeles (the “Action”).
The Action was filed by Law Enforcement Officers, Inc. and Christopher Dancel. They are called the Plaintiffs and they represent the Settlement Class. The companies Plaintiffs sued are j2 Web Services, Inc. and j2 Cloud Services, Inc. (formerly known as j2 Global, Inc.) and these companies together are called j2.
The Action generally involves claims that j2 charged its Services customers excessive late fees. j2 denies these claims and maintains that it acted in accordance with all laws.
In a class action, one or more people called the “Plaintiffs” (in this case, Law Enforcement Officers, Inc., and Christopher Dancel) sues on behalf of people who have similarly alleged claims. All of these people are a “Settlement Class” or “Settlement Class Members.” The Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. On September 12, 2016, the Court ordered that the Action could be a class action for purposes of this Settlement only.
You are a “Settlement Class Member” or part of the “Settlement Class” if you are:
1. a United States resident Onebox or Phone People customer who was charged a late fee by j2 from August 26, 2010 until September 18, 2014;
2. a United States resident eVoice customer who was charged a late fee by j2 from August 26, 2010 until April 10, 2015.
You are an “Eligible Settlement Class Member” or part of the “Eligible Settlement Class” if you are:
1. a United States resident Onebox or Phone People customer who paid j2 a late fee from August 26, 2010 until September 18, 2014;
2. a United States resident eVoice customer who paid j2 a late fee from August 26, 2010 until April 10, 2015.
All references to “you” and “your” in this notice refer only to Settlement Class Members and Eligible Settlement Class Members.
The Court has not decided who is right or wrong in the Action. Instead, after conducting substantial investigation, research, discovery, and participating in a mediation with a retired judge, both sides agreed to the Settlement. By agreeing to the Settlement, the parties avoid the cost and risk of a trial and the Settlement Class will get compensation. The Settlement does not mean that any law was broken. j2 denies all of the claims asserted in the Action and denies that it has violated any laws. The Plaintiffs and their lawyers think the Settlement is fair, reasonable and in the best interests of all Settlement Class Members.
Yes, if you are an Eligible Settlement Class Member and you make a valid claim and submit proof you paid a late fee for the Services during the Class Period (see Question 10 below), j2 will give you money or a credit as follows:
a. If you are a past customer of j2, you will be sent a check in the cash value of one late fee.
b. If you are a current customer of j2, you will receive a credit for one late fee.
c. The amount of the payment or credit will be based on the highest late fee you provide proof you paid j2. These will range between $10 to $25.
d. There is no cap on the number of claims that can be made under the Settlement, but you can make only one claim.
e. The amount that j2 pays for attorneys’ fees and costs to Class Counsel (see Question 15 below) will not reduce any amount to be paid or credited to you under the Settlement.
Yes. Besides your receiving money or a credit if you are an Eligible Settlement Class Member, other benefits of the Settlement are:
a. j2 has agreed not to sue or pursue Settlement Class Members for not paying late fees charged by j2 at any time before or up until September 30, 2015.
b. j2 has agreed that within thirty (30) days of the date of an order granting final approval of the Settlement, j2 will amend the Onebox and eVoice customer agreements to specifically identify the amount of the late fee associated with each customer plan. j2 will notify its customers by email of these changes to their applicable customer agreement.
c. j2 agrees that after thirty (30) days have passed from the date of the order granting final approval of the Settlement, it will not charge a late fee to any Services customer of more than $10.00 for any single late payment.
In exchange for the benefits provided in the Settlement, you (and every other Settlement Class Member who does not submit a valid Request for Exclusion (see Question 11 below)) will release j2 and all its related entities from all claims related to Services late fees you were charged by j2 or paid to j2 during the Class Period. This will prevent you from bringing any future lawsuit against j2 related to these late fees.
No. Neither the Settlement nor the Action affects your ongoing use of the Services. If you have any questions about your existing Services, please contact customer service for the applicable Service.
To receive money or a credit from the Settlement, you must be an Eligible Settlement Class Member and you must complete and submit a Claim Form on this website here by no later than January 5, 2017.
You must also submit proof that you paid j2 a late fee during the Class Period (August 26, 2010 to September 18, 2014 for Onebox or Phone People and to April 10, 2015 for eVoice). Examples of proof are:
A. a copy of your credit or debit card statement showing payment of a late fee for the Services;
B. a copy of your monthly billing statement for any of the Services showing payment of a late fee; or
C. a copy of your online billing history for the Services showing that a late fee was assessed and paid.
You can easily upload a PDF or JPG of your proof on this website at the time you submit your Claim Form.
If your Claim Form (including valid proof) is not timely submitted by the January 5, 2017 deadline, it will be deemed null, void, and ineffective.
If you fail to submit a valid and timely Request for Exclusion on or before the January 5, 2017 deadline, you will be bound by all terms of the Settlement and any final judgment entered in the Action if the Settlement is approved by the Court regardless of whether or not you have submitted a valid Claim Form.
If you do not wish to participate in the Settlement, you can “opt out.” To do so, you must complete and submit a timely Request for Exclusion form online on this website here by no later than January 5, 2017 .
If your Request for Exclusion is not timely submitted, it will be deemed null, void, and ineffective. If you fail to submit a valid and timely Request for Exclusion on or before January 5, 2017, you shall be bound by all terms of the Settlement and any final judgment entered in the Action if the Settlement is approved by the Court.
No. If you exclude yourself now you will not get anything from the Settlement. If you ask to be excluded, you will not get money or credit from the Settlement and you will not be bound by the Settlement. You will keep your right to sue j2 regarding late fees you paid on the Services during the Class Period.
No. Unless you exclude yourself, you give up the right to sue j2 for anything related to the late fees you paid j2 on the Services during the Class Period. You must exclude yourself from the Settlement Class to start or continue your own lawsuit against j2 regarding these late fees.
The Court has appointed the following lawyers to serve as Class Counsel for the Settlement Class:
ANDRÉ E. JARDIN
KNAPP PETERSEN & CLARKE APC
550 N. Brand Boulevard, Suite 1500
Glendale, CA 91203
Telephone: (818) 547-5000
Facsimile: (818) 547-5329
JOSEPH S. FARZAM
JOSEPH FARZAM LAW FIRM
11766 Wilshire Boulevard, Suite 280
Los Angeles, CA 90025
Telephone: (310) 226-6890
Facsimile: (310) 226-6891
Each of these Class Counsel can be reached at info@j2LateFeeSettlement.com.
DO NOT CONTACT J2 OR THE COURT DIRECTLY ABOUT THE SETTLEMENT.
Subject to Court approval, j2 agrees to pay up to the following amounts (although the Court may award less than these amounts):
• $385,000 in attorneys’ fees and costs to Class Counsel; and
• $2,500 to Plaintiff Christopher Dancel as a Class Representative Enhancement Award for his participation in this Action.
The Settlement will be administered and monitored by a third-party Settlement Administrator, Heffler Claims Group, and j2 will pay the fees for this third-party Settlement Administrator.
j2’s payment of all of these fees and costs will not reduce any amounts paid or credited to the Eligible Settlement Class Members.
If you do not like the Settlement and wish to object to all or a portion of it, you can do so by submitting a written statement of objection (“Notice of Objection”) on this website here. Your Notice of Objection must be submitted no later than January 5, 2017. Instructions for what you need to include in your Notice of Objection are below at Question 17.
In order to be valid, your Notice of Objection must be signed by you and state: (1) the case name and case number (see Question 2 above); (2) your name, address, telephone number, and email address; (3) the specific basis for your objection; (4) whether you and/or any attorney retained by you at your own expense intends to appear at the Final Approval Hearing; (5) if you are being represented by an attorney in objecting to the Settlement, the name and contact information of any such attorney; (6) if you or your attorney has objected to any other class action settlement in the United States in the last five years, list the case name, number, and court of those cases; and (7) that by objecting, you agree to be deposed in this Action.
You will only be allowed to orally present your objection at the Court’s Final Approval Hearing if you (1) timely submit a valid Notice of Objection and (2) specify in your Notice of Objection that you intend to appear at the Final Approval Hearing. See Questions 19-21 below.
You do not need an attorney to object to the Settlement, but you may hire one at your own expense if you choose to.
Objecting is simply telling the Court you do not like something about the Settlement. If you file a Notice of Objection, you are still eligible to receive money or a credit from the Settlement if you are an Eligible Settlement Class Member and submit a timely and valid Claim Form and proof you paid a late fee (see Question 10 above).
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. You cannot object if you exclude yourself from the Settlement.
The Court will hold a hearing to decide whether to approve the Settlement, which is called the “Final Approval Hearing.” If you have filed an objection on time stating that you will appear at the Final Approval Hearing, then you may attend and you may ask to speak, but you do not have to.
The Court will hold a Final Approval Hearing on March 24, 2017 at 9:00 a.m. PST in Department 307 of the Superior Court of California for the County of Los Angeles, Central Civil West Courthouse, located at 600 South Commonwealth Ave., Los Angeles, CA 90005. The hearing may be moved to a different date and/or time without additional notice. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will only listen to people who asked in their Notice of Objection to speak at the hearing. The Court will also decide how much to pay Class Counsel. After the Final Approval Hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send a Notice of Objection, you do not have to come to Court to talk about it. As long as you submitted your written Notice of Objection by the January 5, 2017 deadline, the Court will consider it. You may also pay (at your own expense) another lawyer to attend, but it is not required. If you (or your lawyer) do not appear at the Final Approval Hearing, you waive the right to appeal.
If you wish to appear at the Final Approval Hearing and orally present your objection to the Court, your written Notice of Objection must include your statement of intent to appear at the Final Approval Hearing.
If you do nothing, you will not receive money or a credit from this Settlement and you will be bound by the release of claims related to j2’s late fees on the Services (described in Question 8 above).
This notice summarizes the Settlement. More details are in the Settlement Agreement, which is available on this website (insert link for the Settlement Agreement). Additionally, complete copies of pleadings and other documents filed in the Action are available during regular business hours at the Clerk of the Court, Superior Court of the State of California County of Los Angeles, Complex Division, 600 South Commonwealth Avenue, Los Angeles, CA 90005. (Fees may apply for copies of these documents.) You may also contact Class Counsel for more information (see Question 14 above).
DO NOT CALL OR WRITE J2 OR THE COURT DIRECTLY FOR MORE INFORMATION.