Case No. 2:15-cv-01243 (E.D. Pa.)
If you received a Notice of the Settlement directly by e-mail or mail, then you have been identified as a potential member of the Settlement Class through Angie’s List’s membership records.
A federal court authorized the Notice because you have the right to know about a proposed settlement that may affect you. You have legal rights and choices to make before the Court decides whether to approve the proposed settlement.
Judge Stewart J. Dalzell of the United States District Court for the Eastern District of Pennsylvania is overseeing this class action. The case is known as Moore v. Angie’s List, Inc., No. 2:15-cv-01243 (E.D. Pa.). The person who filed the lawsuit is called the “Plaintiff” and the company she sued, Angie’s List, is called the “Defendant.”
This settlement will also resolve two similar lawsuits currently pending in other courts. Those lawsuits are Glick v. Angie’s List, Inc., No. 16-cv-00546-MCA-MAH (D.N.J.), and Zygelman v. Angie’s List, Inc., No. 16-cv-00276-SK (N.D. Cal.). All three lawsuits are referred to as the “the Actions.”Back To Top
The Actions allege that Angie’s List does not adequately disclose that it accepts advertising payments from service providers or that the payments may affect service providers’ letter-grade ratings, reviews, and placement in search-result rankings. The Actions also allege that Angie’s List misstates that “businesses do not pay” to be on Angie’s List when eligible businesses can pay to advertise promotions and discounts through Angie’s List.
Angie’s List denies the claims and allegations made in the Actions. Angie’s List is settling to avoid the expense, inconvenience, risk, and disruption of litigation. It is not an admission of any wrongdoing.
The Court has not decided whether Angie’s List violated any laws. The Notice is not an expression of any opinion by the Court on the claims in the Actions.Back To Top
In a class action, one or more people or businesses called “class representatives” sue not only for themselves, but also on behalf of other people or entities who have similar claims. If the Court finds that the legal requirements for establishing a class are met, then all of these people or businesses with similar claims and interests form a class. In this settlement, the class representatives are Janell Moore, Gary Glick, and Michelle Zygelman.
When a court decides a class action case or approves a class action settlement, it is applicable to all members of the class (except class members who exclude themselves). In this case, the Court has given its preliminary approval to the Settlement and to the Settlement Class defined below in FAQ 4. You can download a copy of the Court’s order granting preliminary approval by going to the Case Documents page.Back To Top
You are a member of the Settlement Class if you were a paying member of Angie’s List at any time between March 11, 2009 and July 12, 2016. Excluded from the Settlement Class are (i) Angie’s List, its officers, directors, affiliates, legal representatives, employees, successors, and assigns, and entities in which Angie’s List has a controlling interest, and (ii) judges, justices, magistrates, or judicial officers presiding over the Actions.Back To Top
You can receive cash or free membership to Angie’s List, as explained below. The complete terms of the Settlement, which is subject to final approval by the Court, are set forth in the written Settlement Agreement dated June 24, 2016.
If you paid to purchase or renew an Angie’s List membership between March 11, 2009 and December 31, 2013, you can choose to receive either an estimated payment of $10.00 or up to four free months of membership to Angie’s List (depending on how long you were a member). Cash payments will be paid out of a $966,000 fund established by Angie’s List in this Settlement. Actual cash payments to you may increase or decrease depending on how many people submit a timely and valid Claim.
If you paid to purchase or renew an Angie’s List membership between January 1, 2014 and July 12, 2016, you can choose to receive either an estimated payment of $5.00 or up to two free months of membership to Angie’s List (depending on how long you were a member). Cash payments will be paid out of a $434,000 fund established by Angie’s List in this Settlement. Actual cash payments to you may increase or decrease depending on how many people submit a timely and valid Claim.
If you paid to purchase or renew an Angie’s List membership during both time periods above, you can receive both estimated cash payments, or up to four months of free membership.
In addition, Angie’s List has also agreed as part of the Settlement to add disclosures about service-provider advertising and revenue generated from service providers to Frequently Asked Questions on the Angie’s List website and to Angie’s List’s Membership Agreement. This agreement will be in place for five (5) years and is set forth more specifically in the Settlement Agreement.
In exchange for the elected benefits and other relief described above, the Settlement Class Members and certain other persons or entities (the “Releasing Parties”) release all claims against Angie’s List and certain other related persons or entities (the “Releasing Parties”), arising out of the conduct alleged in the Actions through the date this Settlement is finally approved by the Court. The Settlement Agreement contains the full text of the Release for your review.Back To Top
You must complete and submit a Claim Form by November 15, 2016. Claim Forms must be submitted online or via U.S. mail to Moore v. Angie’s List Settlement Administrator, P.O. Box 4109, Portland, OR 97208-4109. Claims Forms are also available by calling (888) 293-9919, or by writing to Moore v. Angie’s List Settlement Administrator, P.O. Box 4109, Portland, OR 97208-4109. You can file a Claim Form online by going to the Submit a Claim page.
You can also download a printable version of the Claim Form.Back To Top
The Court will hold a hearing at 9:30 a.m. on December 5, 2016 to decide whether to grant final approval to the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. The settlement payments and membership benefits will be distributed to eligible claiming Settlement Class Members as soon as possible, if and when the Court grants final approval of the Settlement. See Question 17 for more information about the hearing.Back To Top
Unless you exclude yourself, you are staying in the Settlement Class. If the settlement is approved and becomes final, all of the Court’s Orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against Angie’s List about the legal issues in this case, but you will be able to submit a Claim Form to receive a payment or benefit from this settlement.
The rights you would be giving up are called Released Claims. Generally, if and when the Settlement Agreement becomes final, Settlement Class Members will be subject to the Release, which reads as follows:
All Releasing Parties agree to dismiss with prejudice all claims against the Released Parties, and to grant each the broadest release and covenant not to sue allowed by law, which shall unconditionally and forever bar the Releasing Parties from bringing, prosecuting, or participating in any and all claims, known or unknown, accrued or unaccrued, present or future, that were brought or could have been brought against Angie’s List as of the Final Approval Date, that arise, in whole or in part from, or relate in any way to, the subject matter of, or the conduct, omissions, transactions, or occurrences alleged, or that could have been alleged, in the Complaints filed in Actions, including, without limitation, claims regarding representations, statements, alleged omissions and/or conduct relating in any way to service-provider ratings, reviews, rankings and/or revenue Angie’s List derives from service providers, further including but not limited to service-provider advertising.
The Released Claims include known and unknown claims relating to the Actions, and this settlement is expressly intended to cover and include all such injuries or damages, including all rights of action thereunder. Settlement Class Members, on behalf of all Releasing Parties, will be deemed by the Final Order and the Final Judgment to acknowledge and waive Section 1542 of the Civil Code of the State of California, which provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Plaintiffs and the Settlement Class Members, on behalf of all Releasing Parties, expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable or equivalent to Section 1542, to the fullest extent they may lawfully waive such rights or benefits pertaining to the Released Claims. In connection with such waiver and relinquishment, the Settlement Class Members hereby acknowledge that the Releasing Parties are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to Released Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Released Claims known or unknown, suspected or unsuspected, that they have against the Released Parties. In furtherance of such intention, the release herein given by the Releasing Parties to the Released Parties shall be and remain in effect as a full and complete general release notwithstanding the discovery or existence of any such additional different claims or facts. Each of the parties expressly acknowledges that it has been advised by its attorney of the contents and effect of Section 1542, and with knowledge, each of the parties hereby expressly waives whatever benefits it may have had pursuant to such section. Plaintiffs acknowledge, and the Releasing Parties shall be deemed by operation of the Final Order and the Final Judgment to have acknowledged, that the foregoing waiver was expressly bargained for and a material element of the settlement of which this release is a part.Back To Top
Yes, you can get out of the proposed settlement and the Settlement Class. This is called excluding yourself, or “opting out.” To exclude yourself, you can complete the Opt-Out Form, which is available on the Case Documents page, and submit it both to the Settlement Administrator and the Court via first class U.S. mail. If you want to exclude yourself but you do not want to use the Opt-Out Form, then you must send a signed letter including your name, address, and telephone number that clearly states that you want to be excluded from the settlement of the lawsuit Moore v. Angie’s List, Inc., No. 15-cv-01243-SD (E.D. Pa.), that you do not wish to be a Settlement Class Member, and that you elect to be excluded from any judgment entered pursuant to the settlement. If you decide not to use the Opt-Out Form, any statement or submission by you that could be interpreted as both an objection and opt-out shall be treated as an opt-out request.
Mail the Opt-Out Form or letter request to: Moore v. Angie’s List Settlement Administrator, P.O. Box 4109, Portland, OR 97208-4109, and to the Court at the address provided in Question 12. Your opt-out request must be postmarked no later than October 24, 2016.Back To Top
No. If you exclude yourself from the Settlement Class, you will not get to share in the settlement, including any of the monetary and non-monetary benefits, and you cannot object to the settlement.Back To Top
No. If you do not exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Angie’s List relating to conduct challenged in this case. The Court’s orders will apply to you and legally bind you. If the settlement receives final Court approval, you will also be bound by the Final Order and the Final Judgment entered in the case.Back To Top
If you are a Settlement Class Member and don’t exclude yourself, you can tell the Court you don’t like the settlement or some part of it. The Court will consider your views.
To object, you must file with the Court at the address below a written statement setting forth and identifying the aspect of the settlement, request for an Attorneys’ Fee and Expense Award, or Plaintiffs’ Service Awards being challenged and the specific grounds of your objection along with any supporting law and evidence that you want to bring to the Court’s attention. Be sure to include your name, address, telephone number, your signature, and the specific reasons you object to the settlement. In addition, if you plan to appear at the Fairness Hearing on your own or through counsel you hire, you must expressly say so in your objection by including a “Notice of Appearance” at the time you file your objection with the Court.
In addition to timely filing your objection with the Court, you must also send a copy of your objection to Plaintiffs’ Class Counsel and Defense Counsel at the addresses below so that it is received by October 24, 2016:
|Plaintiffs’ Class Counsel||Defense Counsel||The Court|
|Ruben Honik, Esq.
David J. Stanoch, Esq.
GOLOMB & HONIK, P.C.
1515 Market Street
Philadelphia, PA 19102
J. Gordon Cooney, Jr.
Franco A. Corrado
MORGAN LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
|Chambers of Judge Stewart Dalzell
U.S. District Court
Eastern District of Pennsylvania
James A. Byrne U.S. Court House
601 Market Street
Philadelphia, PA 19106
Remember, your objection must be received by the Court, Plaintiffs’ Class Counsel, and Defense Counsel no later than October 24, 2016 to be considered.Back To Top
Objecting is the way to tell the Court what you don’t like about the proposed settlement. You can object only if you stay in the Settlement Class and don’t exclude yourself.
Excluding yourself is the way to tell the Court you do not want to be a part of the Settlement Class and the proposed settlement, and that you want to keep the right to file your own lawsuit. If you exclude yourself, you cannot object or claim a benefit because the proposed settlement no longer will affect you.Back To Top
The Court has appointed the lawyers listed below to represent you as Plaintiffs’ Class Counsel. They are experienced in handling similar cases against other companies. You will not be charged for these lawyers.
|Richard M. Golomb
Kenneth J. Grunfeld
David J. Stanoch
GOLOMB & HONIK
1515 Market Street
Philadelphia, Pennsylvania 19102
Kirk J. Wolden
CARTER WOLDEN CURTIS
1111 Exposition Blvd.
Sacramento, CA 95815
|Clerk of Court
W. Daniel “Dee” Miles, III
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C.
272 Commerce Street
P.O. Box 4160
Montgomery, AL 4160
You do not need to hire your own lawyer because Plaintiffs’ Class Counsel are working on your behalf. However, if you wish to do so, you may retain your own lawyer at your own expense. If you hire your own lawyer to appear in this case, then you must tell the Court and send a copy of your notice to Plaintiffs’ Class Counsel and Defense Counsel at the addresses in Question 12 above.Back To Top
That is up to the Court, but Plaintiffs’ Class Counsel will ask the Court to approve payment of attorneys’ fees and expenses of no more than $937,500. Plaintiffs’ Class Counsel also will ask the Court for service awards not to exceed $7,500 for Janell Moore; $2,500 for Gary Glick; and $2,500 for Michelle Zygelman. Angie’s List will pay the amounts awarded by the Court up to these figures. The proposed settlement benefits won’t be affected or reduced by Angie’s List’s payment of Plaintiffs’ Class Counsel’s attorneys’ fees and expenses or any service award payments to the Plaintiffs.Back To Top
The Court will hold a Fairness Hearing at 9:30 a.m. on December 5, 2016, in Courtroom 6A at the James A. Byrne Courthouse at the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106. 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 listen to people who asked to be heard at the hearing in accordance with the procedures specified in the Notice. At or after the hearing, the Court will decide whether to approve the settlement and may also decide how much to award to Plaintiffs’ Class Counsel for their fees and expenses and any class representative service awards. We do not know how long the decision will take.
Important! The time and date of this hearing may change without additional e-mailed, mailed, or published notice. Continue to visit this website for updated information on the hearing, and the other deadlines discussed herein.Back To Top
No. Plaintiffs’ Class Counsel will answer questions posed by the Court. But, you and/or your lawyer are welcome to come at your own expense. If you or your counsel wish to be heard at the hearing, you must file a Notice of Appearance as explained in response to Question 12. If you send an objection on time, you do not have to come to the hearing for the Court to consider it. Moreover, attendance is not necessary to receive a settlement benefit.Back To Top
You can ask the Court to allow you (or your lawyer) to speak at the Fairness Hearing. To do so, you or your lawyer must include in your objection a Notice of Appearance that says you wish to speak. You can find how to file an objection and Notice of Appearance, and the due date for filing, in Question 12 of this Notice. If you submit an objection and wish to speak about it at the Fairness Hearing, you must include that information in your objection (see Question 12).
You cannot speak at the hearing if you exclude yourself.Back To Top
If you do nothing:
If you have questions about this case or want to get additional information, you may also call (888) 293-9919, call or write to the lawyers listed in answer to Question 14, or review the complete Settlement Agreement, exhibits and other important documents located on the Case Documents page. This is only a summary of the proposed settlement and is qualified in its entirety by the terms of the actual Settlement Agreement. You can also look at all of the documents filed in the lawsuit at the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106-1797 during normal business hours.Back To Top
The deadlines described in these Frequently Asked Questions, the Notice, and this website, may be moved, modified, or cancelled. Other aspects of the settlement may be updated, revised, or amended as well. You should periodically check this Settlement Website for updates about the settlement.Back To Top
James A. Byrne Courthouse at the
United States District Court for the
Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106