If You Rented Online DVDs from
Netflix
A Class Action and a Settlement with Wal-Mart May Affect Your Rights
Para una notificación en Español,
llamar 1-877-389-4469 o visitar www.OnlineDVDclass.com
Records show that you paid a subscription fee to rent DVDs online from
Netflix anytime from May 19, 2005 to September 2, 2011. We are emailing
to tell you about a Settlement and lawsuit that may affect your legal
rights. You may be eligible to receive a cash payment or gift card from
the Settlement. Please read this email carefully. Go to
www.OnlineDVDclass.com for more information.
There is a lawsuit against Wal-Mart
Stores Inc. and Walmart.com USA LLC (together called “Wal-Mart”) and
Netflix, Inc. (“Netflix”) involving the price of online DVD rentals. The
Class Action seeks money for current and former Netflix subscribers. A
Settlement has been reached with Wal-Mart. Netflix and Wal-Mart believe
that the lawsuit has no basis. Netflix has not settled the lawsuit and
the litigation continues against it.
What is the lawsuit about?
The lawsuit claims that Wal-Mart and
Netflix reached an unlawful agreement under which Wal-Mart would
withdraw from the online DVD rental market and Netflix would not sell
new DVDs. Wal-Mart and Netflix deny that they entered into such an
agreement or that they have done anything wrong, that the Plaintiffs
have been harmed in any way, or that the price of online DVD rentals was
raised or inflated by any agreement between Wal-Mart and Netflix. The
Court has not decided who is right.
The Litigation Class Against Netflix
Who’s included in the Netflix
Litigation Class? Any person or entity in the United States that paid a
subscription fee to Netflix anytime from May 19, 2005 to September 30,
2010.
What are my rights in the Netflix
Litigation Class?
Remain in the Litigation: If you wish
to remain in the Litigation, you do not need to take any action at this
time.
Get out of the Litigation: If you wish
to keep your individual right to sue Netflix about these claims you must
exclude yourself. To ask to be excluded, send a letter to the address
below, postmarked by February 14, 2012, that says you want to be
excluded from In re: Online DVD Rental Antitrust Litigation, MDL No.
2029. Include your name, address, and telephone number.
The Wal-Mart Settlement Class
Who’s included in the Wal-Mart
Settlement Class? Any person or entity living in the United States or
Puerto Rico that paid a subscription fee to rent DVDs online from
Netflix anytime from May 19, 2005 to and including September 2, 2011.
What does the Settlement provide?
Wal-Mart will pay $27,250,000, in cash and gift cards, to settle the
lawsuit. If you qualify, you can get a cash payment or a gift card that
can be used at www.walmart.com. The actual amount paid in cash and in
gift cards depends on the total number of valid claims filed.
Class Counsel will ask the Court to
award the following: (1) attorneys’ fees up to 25% of the Settlement
Fund, plus costs that Class Counsel estimate at up to $1.7 million, (2)
administration and notice costs, and (3) $5,000 for each of the Class
Representatives (up to $80,000 total which could include the class
representatives from cases filed in California state courts). After
these fees and costs are deducted from the Settlement Fund, the
remaining amount will be equally divided amongst the Wal-Mart Settlement
Class Members who file valid claims.
How to get Settlement benefits? You
must submit a Claim Form to get benefits. You can submit a Claim Form
online (for gift cards only) or by mail. The deadline to submit a Claim
Form is February 14, 2012. Click here to get a Claim Form or call
1-877-389-4469.
What are my rights in the Wal-Mart
Settlement Class?
Remain in the Settlement: If you wish
to remain in the Wal-Mart Settlement Class and get benefits, you need to
file a claim.
Get out of the Settlement: If you wish
to keep your right to individually sue Wal-Mart about the claims in this
case you must exclude yourself by February 14, 2012 from both the
Wal-Mart Settlement Class and the Netflix Litigation Class. See the
instruction on how to “Get out of the Litigation” above.
Remain in the Wal-Mart Settlement
Class and Object: If you stay in the Wal-Mart Settlement Class you can
object to it by February 14, 2012.
The detailed notice, available at
www.OnlineDVDclass.com or by calling 1-877-389-4469, explains how to
exclude yourself or object.
The Court will hold a hearing on March
14, 2012 to consider whether to approve the Settlement, and a request
for attorneys’ fees, costs, and expenses. If you wish, you or your own
attorney may ask to appear and speak at the hearing at your own cost.
For More Information: 1-877-389-4469
www.OnlineDVDclass.com
Netflix Lawsuit, PO Box 2602, Faribault, MN 55021-9602
