Janson et al v. LegalZoom.com, Inc.

Filing 102

NOTICE of filing of Class Action Notice by Gerald T. Ardrey, C & J Remodeling LLC, Chad M Ferrell, Todd Janson (Van Ronzelen, Timothy)

IN UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
TODD JANSON, et al., on behalf of
themselves and on behalf of all others
similarly situated,

Plaintiffs,
v.
LEGALZOOM.COM, INC.

Defendant.

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Case No. 2:10-cv-04018-NKL

NOTICE OF PENDENCY OF CLASS ACTION
TO: All persons and other entities resident within the State of Missouri who were charged by
and paid fees to LegalZoom for the preparation of legal documents from December 17, 2004 to
May 20, 2011.
PLEASE READ THIS NOTICE CAREFULLY. THIS NOTICE MAY AFFECT YOUR
RIGHTS.
THIS IS NOT AN ATTEMPT TO COLLECT FROM YOU. THIS IS NOT A NOTICE OF
A LAWSUIT AGAINST YOU. YOU MAY BENEFIT FROM READING THIS NOTICE.
PURPOSE OF THIS NOTICE
The purpose of this Notice is to advise you of the pendency of this class action and
summarize certain rights you may have in this action. The relevant parties to the litigation
described in this Notice are: (i) the Plaintiff Class Members and (ii) Defendant LegalZoom. The
Court has not yet expressed an opinion as to whether the claims asserted by the Class Members
against LegalZoom in this litigation have merit.
You may or may not be a Class Member. Please read below to see if you are a Class
Member.
BRIEF SUMMARY OF THE LITIGATION
Plaintiffs Todd Janson, Gerald T. Ardrey, Chad M. Ferrell and C & J Remodeling, LLC,
on behalf of themselves and on behalf of all other similarly-situated customers of LegalZoom,
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claim that LegalZoom improperly charged them fees in connection with the preparation of legal
documents. Plaintiffs claim they paid fees to LegalZoom for the preparation of documents that
affect or relate to secular rights. Those documents include wills, trusts, powers of attorney,
business entity formation documents, patent applications and copyright applications, among
others. They allege the charging of these fees violates R.S. Mo. §484.020, which prohibits
individuals and businesses that are not licensed as a lawyer in Missouri from engaging in the
practice of law or the law business. They also claim the charging of these fees by LegalZoom
constitutes a deception and an unfair practice in violation of the Missouri Merchandising
Practices Act, R.S. Mo. §407.010, et seq. On behalf of themselves and all others who paid fees to
LegalZoom in connection with the preparation of legal documents, they seek a refund of the
amounts paid and, for those who made their payments on or after December 17, 2007, three
times the amount of fees paid. They also seek attorneys’ fees, expenses, and court costs.
LegalZoom denies these claims and has asserted numerous defenses to this action.
Among other defenses, LegalZoom contends that its services do not constitute the practice of the
law or the doing of the law business in Missouri. LegalZoom denies it violated any laws and
contends it is not liable to any class members. LegalZoom also says that Class Members’ claims
are preempted by federal law and barred by the United States Constitution. This notice is not an
admission by LegalZoom that the claims asserted by Plaintiffs in this case are valid, or that there
has been any wrongdoing or violation of law.
The Court has not ruled on the merits of the Plaintiffs’ claims or on the denials or other
defenses asserted by LegalZoom. This notice is not an admission by LegalZoom that the claims
asserted by the Plaintiffs are valid or that there has been any wrongdoing or violation of the law.
The purpose of this notice is to advise you of this case and its potential effect on any rights you
may have.
THE CLASS CERTIFICATION ORDER
On December 14, 2010, the Court ordered that this lawsuit may be maintained as a claim
not only by Todd Janson and the others who filed suit, but also on behalf of a class of Missouri
customers who paid fees to LegalZoom in connection with the preparation of legal documents.
Plaintiffs Todd Janson, Gerald T. Ardrey and Chad M. Ferrell are representatives for the class
and their attorneys, Butsch Simeri Fields LLC, Bartimus, Frickleton, Robertson & Gorny, Cook,
Vetter, Doerhoff & Landwehr, P.C., and Randall O. Barnes & Associates, are counsel to the
class.
The class consists of all persons and other entities resident within the State of Missouri
who were charged and paid fees to LegalZoom in connection with the preparation of legal
documents from December 17, 2004 to May 20, 2011.
If you paid a fee to LegalZoom for the preparation of legal documents since December
17, 2004, you may be a member of the class. If you paid a fee to LegalZoom before December
17, 2004, you are not a member of the class. Furthermore, if LegalZoom fully refunded fees you
paid, you are not a member of the class. If you did not pay a fee to LegalZoom, then you are not
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a member of this class. To be a member of the class, you must meet all the criteria described
above. If you do not meet the class definition, this notice does not apply to you.
The Court order allowing the case to proceed as a class action does not mean that any
money or other relief will be obtained for the class because there are contested issues that have
yet to be decided. Rather, the ruling means that the final outcome of this lawsuit – whether
favorable to the Plaintiffs or LegalZoom – will apply in like manner to every class member. The
ruling also means that any settlement between the Plaintiffs and LegalZoom will apply to every
class member. In other words, the outcome of this lawsuit will apply to all individuals described
in the Court’s class certification order summarized above who do not timely elect to be excluded
from the class (see below).
YOUR OPTIONS
If you are a class member, you have the choice of staying in the class or excluding
yourself from the class. Each choice has risks and consequences. You have the right to discuss
your decision with Class Counsel or your own attorney.
1.
If you are a class member and do nothing, you will stay in the class. If you stay in
the class, your interests will be represented by Class Counsel appointed by the court and you will
be bound by the result of the lawsuit, whether that result is favorable or unfavorable. If the Court
finds in favor of the class or the Plaintiffs and LegalZoom agree to settle the case, you will be
entitled to a share of any recovery. If the Court finds in favor of LegalZoom, you will recover
nothing and any claim you would have against LegalZoom related to fees paid in connection
with preparation of legal documents will be forever barred. You will not, however, have to pay
any money as a result of staying in the class.
2.
You may also enter an appearance in the case through your own attorney. If you
chose this option, you will be responsible for paying the fees and costs of your own attorney.
You need not enter an appearance through your own attorney to participate in the case. If you do
not enter an appearance through your own attorney and do nothing, paragraph 1 of this section
will apply to you.
3.
You may also exclude yourself from the class. If you exclude yourself from the
class, you will not be bound by the result of this case. Accordingly, should the class recover
money from LegalZoom, whether by settlement or judgment, you will not share in the recovery.
Nor will you be bound by any adverse result in this case. You will retain the right to pursue your
individual claims against LegalZoom and hire your own attorney, unless otherwise barred.
If you wish to exclude yourself from the class, you must prepare a note requesting
exclusion from the class and send it to the Class Administrator at the following address:
Epiq Legal Noticing
P.O. Box 4153
Portland, Oregon 97208
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Or
Email to: [e-mail]

The exclusion request must be received by the Class Administrator on or before
Tuesday, July 19, 2011. If you mail an exclusion request, you bear the risk of any delay or
failure of delivery. If you email a request for exclusion, you should retain a copy of the email
showing the date and time it was sent and to what email address.
CORRECT CONTACT INFORMATION
If this Notice was addressed to you at your current e-mail or mailing address, you do not
have to do anything further to receive further notices about this case. If this notice was not
addressed to you at your current e-mail or mailing address, please contact the Class
Administrator at the above address with your correct e-mail or mailing address. If your e-mail or
mailing address should change in the future, please contact the Class Administrator at the above
address with your new contact information, including both new and old addresses.
WEBSITE CONTAINING ADDITIONAL INFORMATION
Additional information about the case, including orders of the Court and selected
pleadings, may be viewed at the following website: www.jansonclassaction.com.
All papers publicly filed in this case are available for you to inspect and copy during
regular business hours at the office of the Clerk of the Court, United States Courthouse, 131 W.
High Street, Jefferson City, Missouri 65101.
QUESTIONS?
Any questions you have concerning this notice should be sent to the Class Administrator.
Epiq Legal Noticing; P.O Box 4143, Portland, Oregon 97208 or
[e-mail].
On any email you send, state the case name and number. On any letters you send, state
the case name and number, and your name and your return address (not just on the envelope).
DO NOT ADDRESS ANY QUESTIONS ABOUT THIS CASE TO THE CLERK OF THE
COURT, TO THE JUDGE OR TO LEGALZOOM.
Dated: May 20, 2011

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