AT&T, Apple Begin Paying $40 to U.S. iPad 3G Purchasers After Unlimited Data Lawsuit

[shenan1982]

Oh, and I had to affirm that by accepting the class action payout that I wouldn't further sue ATT or Apple.....they would miss out on me waiving any future rights if they just sent checks.....there's always a claim form!

No, MOST of the time there's no claim forms, that's the purpose of the "class action" certification in a court. The plaintiff and defendant determine the class, the judge certifies it. In 99% of class action cases the claim form is only used to opt out. However if it's for something where you bought a faulty air freshener or in this case where apple has your email address but not an address to send a check to, I could see having to supply them with the info.

 

[BruiserB]

No, MOST of the time there's no claim forms, that's the purpose of the "class action" certification in a court. The plaintiff and defendant determine the class, the judge certifies it. In 99% of class action cases the claim form is only used to opt out. However if it's for something where you bought a faulty air freshener or in this case where apple has your email address but not an address to send a check to, I could see having to supply them with the info.

I have received many letters from lawyers for different class actions over the years and there is ALWAYS a claim form to fill out. I have NEVER just received a check out of the blue. I challenge you to show me any class action where checks were automatically delivered.

The purpose of the claim form is for you to certify that you are a member of the class. By opting in to the class you agree to the settlement and give up your right to sue on your own. Since you didn't personally hire the class action lawyers, you can opt out and choose to sue for higher damages on your own, but most people realize their individual costs to litigate would exceed any award they would get....I do seem to recall some tobacco victims who were able to get high individual awards though. You also agree to the compensation the lawyers have charged for the case. If you don't sign the claim form you won't just get paid. The only thing that is automatically delivered to you is the notice of class action with directions on how to claim.

 

[shenan1982]

I have received many letters from lawyers for different class actions over the years and there is ALWAYS a claim form to fill out. I have NEVER just received a check out of the blue. I challenge you to show me any class action where checks were automatically delivered.

The purpose of the claim form is for you to certify that you are a member of the class. By opting in to the class you agree to the settlement and give up your right to sue on your own. Since you didn't personally hire the class action lawyers, you can opt out and choose to sue for higher damages on your own, but most people realize their individual costs to litigate would exceed any award they would get....I do seem to recall some tobacco victims who were able to get high individual awards though. You also agree to the compensation the lawyers have charged for the case. If you don't sign the claim form you won't just get paid. The only thing that is automatically delivered to you is the notice of class action with directions on how to claim.

The last Priceline suit. The last Netflix suit. I'm sorry, but you're WRONG. You clearly don't understand how a class action suit works. Plaintiff says "the class is XXXX" and the defendant either agrees or objects. The plaintiff is a representative acting on behalf of the defined class. The judge certifies the class saying all named people under the classification agreed on between parties are part of the class. The purpose of the form they sent out is to give the option to OPT OUT, never ever opt-in, that defies the definition of a class action.

Where you may be confused is the distribution claim form. You are auto-opted into the class, but in some settlements, the terms of the distribution of the settlement varies by each class member's involvement.

You may want to look up class action process. Your comments indicate you don't understand how it works.

 

[BruiserB]

AT&T, Apple Begin Paying $40 to U.S. iPad 3G Purchasers After Unlimited Data ...

The last Priceline suit. The last Netflix suit. I'm sorry, but you're WRONG. You clearly don't understand how a class action suit works. Plaintiff says "the class is XXXX" and the defendant either agrees or objects. The plaintiff is a representative acting on behalf of the defined class. The judge certifies the class saying all named people under the classification agreed on between parties are part of the class. The purpose of the form they sent out is to give the option to OPT OUT, never ever opt-in, that defies the definition of a class action.



Where you may be confused is the distribution claim form. You are auto-opted into the class, but in some settlements, the terms of the distribution of the settlement varies by each class member's involvement.



You may want to look up class action process. Your comments indicate you don't understand how it works.

Look right here:



http://www.turbotaxclassaction.com



It says....



You can make a claim for a portion of the $6,550,000 Settlement Fund (net of any deductions for fees and expenses). Your claim amount depends on the total number of persons making claims. To receive benefits from the Settlement, you must fill out a claim form, as described in part 4 of the Notice, and submit it by October 28, 2013;



It also says.....



You can exclude yourself from the Settlement (and receive no money from the Settlement but retain your right to bring a lawsuit). Your request to exclude yourself must be postmarked no later than September 23, 2013. You must follow the process described in part 8 of the Notice. If the Settlement is approved and you do not exclude yourself, you will be bound by the Settlement and will release certain claims described therein.



Then there's the actual claim form:



http://www.turbotaxclassaction.com/documents/claim-form.pdf



Where you must state what years you used TurboTax....this confirms that you are properly a member of the class. Yes, the court determines the class and until you certify that you fit the definition of the class you are only a probable/potential member of the class. I'll agree "opting in" to the class was probably a misstatement. I should have stated that you must "certify" that you are in fact a member of the class. But that doesn't change the fact that this affirmation must be made before receiving the settlement.


I agree with you that the class is set up by the lawyers and the court. But you don't then just get a check in the mail. You have to fill out a claim form to get the check. Part of the claim form confirms that you are a member of the class. And you must also be given the option to opt out of the class action and preserve your right to sue individually. Show me an example where checks were just mailed out without having to fill in the claim form.