Perkins et al v. LinkedIn Corporation

Filing 106

ORDER by Judge Lucy H. Koh granting 95 Motion for Preliminary Approval of Proposed Settlement (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit A (Redline), # 5 Exhibit B (Redline), # 6 Exhibit C (Redline)) (lhklc3, COURT STAFF) (Filed on 9/15/2015)

EXHIBIT A
CLAIM FORM

Perkins v. LinkedIn Corp. Settlement
c/o Gilardi & Co. LLC
P.O. Box 35009
Seattle, WA 98124-1009
Claim No:1234567

Control No: 1234567890

PERKINS V. LINKEDIN CORP. CLAIM FORM
United States District Court for the Northern District of California
Case No. 13-CV-04303-LHK
Settlement Website: www.[xxx].com
Questions about completing the Claim Form? Contact [[e-mail]]
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOU MAY BE ENTITLED
TO A PAYMENT UNDER THE SETTLEMENT. YOU MUST SUBMIT THIS CLAIM
FORM, ELECTRONICALLY, OR BY MAIL, TO SEEK SUCH BENEFITS. FAILURE
TO FILL OUT THIS CLAIM FORM COMPLETELY AND SUBMIT IT OR MAIL IT
TO THE SETTLEMENT ADMINISTRATOR ON OR BEFORE [CLAIMS DEADLINE]
MAY RESULT IN THE REJECTION OF YOUR CLAIM.
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.
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 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 payment 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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Who is in the Settlement Class? All current and former LinkedIn members who used Add
Connections to import information from external email accounts and to send emails to persons
who were non-members in which the member’s name, photograph, likeness and/or identity was
displayed between September 17, 2011 and October 31, 2014. Excluded from the Settlement
Class are the following: (1) defendant, its subsidiaries, and affiliates and their respective officers,
directors and employees, (2) class counsel and defendant’s counsel, and (3) any judicial officer
to whom the action is assigned.
You cannot submit both a Claim Form and a request for exclusion from the Settlement Class
because only members of the Settlement Class are entitled to any monetary payment under the
Settlement. For any person who files both a Claim Form and a request for exclusion, only the
last one filed will be effective. For example, if a person files a Claim Form and then files a
request for exclusion, he or she will be excluded from the Settlement Class and the Claim Form
will be ignored.

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1.

CONTACT INFORMATION

Your contact information will be used by the administrator of this Settlement, Gilardi & Co.
LLC (“Gilardi” or “Settlement Administrator”) to contact you, if necessary, about your claim.
Providing your telephone number is optional. By providing contact information, you agree that
Gilardi may contact you about your claim.
2.

CLAIM INFORMATION
Email address associated with your LinkedIn account:

The name associated with your LinkedIn account:

Class Member Number listed on the Notice you received:
If you did not receive a Notice about this Settlement or no longer have access to that document,
you may leave blank the item immediately above calling for your Class Member Number.
YOUR PERSONAL INFORMATION WILL BE USED ONLY IN CONNECTION WITH
THIS SETTLEMENT ADMINISTRATION AND IN ORDER TO PROCESS YOUR
CLAIM. YOUR INFORMATION WILL NOT BE USED FOR ANY OTHER PURPOSE.

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3.

DIRECT DEPOSIT OR CHECK: CHOOSE ONE OF THE OPTIONS BELOW
OPTION 1: Payment by Direct Deposit

The illustration below is to help you identify your Routing and Account Number. If you still are
unsure which number on your check is which, please contact your financial institution.

OPTION 2: Payment by Check

4.

ATTESTATIONS

IN ORDER TO QUALIFY FOR POSSIBLE PAYMENT, YOU MUST ATTEST TO THE
FOLLOWING:
(a)
I used Add Connections to import information from one or more external email
accounts and send emails to one or more persons who were not LinkedIn members
between September 17, 2011 and October 31, 2014.
(b)

I did not agree to the use of my name or profile picture in reminder emails.

(c)

I believe I was injured by any such use of my name or name and profile picture.

(d)
I am submitting only one Claim Form, regardless of how many LinkedIn accounts
I have.
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(e)
I understand that I am releasing all Released Claims against LinkedIn and the
other Released Parties as set forth in Section 4 of the Settlement Agreement (available at
www.[xxxxxxxxxxxx].com/court_docs/settlement_agreement).
5.

SIGN AND SUBMIT THE CLAIM FORM.

I have received notice of the Settlement, and I submit this Claim Form under the terms of the
Settlement. I also submit to the jurisdiction of the United States District Court for the Northern
District of California with regard to my claim and for purposes of enforcing the release of claims
in the Settlement Agreement. I further acknowledge that I am bound by the terms of any Court
judgment that may be entered in this Action and may not bring or continue pursuing any of the
Released Claims against LinkedIn and/or the other Released Parties in a separate action. I agree
to furnish additional information to support this claim if required to do so.
IF SUBMITTED ELECTRONICALLY:
By clicking this box, which constitutes my electronic signature, I hereby declare
under the penalty of perjury under the laws of the United States of America that the
foregoing attestations and all other information I have provided in support of my
claim are true and correct.
IF SUBMITTED BY U.S. MAIL:
I hereby declare under penalty of perjury under the laws of the United States of America
that the foregoing attestations and all other information I have provided in support of my
claim are true and correct.
Dated: _____________________________

Signature: _____________________________
*_*_*_*

IF SUBMITTED BY MAIL, PLEASE SEND THIS CLAIM FORM TO:
Perkins v. LinkedIn Corp., Settlement, c/o Gilardi & Co. LLC
P.O. Box [NUMBER]
[CITY], [STATE] [ZIP CODE]
THIS FORM MUST BE COMPLETED AND SUBMITTED ELECTRONICALLY TO
THE SETTLEMENT ADMINISTRATOR AT OR BEFORE 11:59 P.M. PACIFIC TIME
ON [MONTH] [DAY], [YEAR]. IF YOU ARE SUBMITTING THIS FORM BY U.S.
MAIL, IT MUST BE POSTMARKED BY [MONTH] [DAY], [YEAR].
6.

AFTER SUBMISSION OF FORM.

Any payments will be provided to claimants only if the Court gives final approval to the
Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement.
Please be aware that the amount, if any, paid to each member of the Settlement Class who files
an approved claim depends on the total number of approved claims. No one knows in advance
how much each claimant’s payment will be, and claimants may be paid nothing at all. Please be
patient. If, after you submit a Claim Form, you change your postal or email address, it is your
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responsibility to inform the Settlement Administrator of your updated information. You may do
so by mail or email at the addresses above.

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