Reset Font to Default Medium Font Larger Font

Commonly Asked Questions


What is this notice?

Answer:

A court authorized this notice to let you know about a proposed settlement of a class action lawsuit with ZeoBIT LLC. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. This notice explains the lawsuit, the settlement, and your legal rights.

Judge Joy Flowers Conti of the U.S. District Court for the Western District of Pennsylvania is overseeing this class action. The case is known as Yencha v. ZeoBIT LLC, No. 14-cv-00578 (the "Action"). The person who sued is called the "Plaintiff." The company she sued, ZeoBIT LLC, is called the "Defendant." You need not live in Pennsylvania to participate.

What is a class action lawsuit?

Answer:

In a class action, one or more people, called class representatives sue on behalf ofpeople who have similar claims.  All ofthe people with similar claims comprise the “class” and are referred to as “class members”, except for those who exclude themselves from the class. 

What is this lawsuit about?

Answer:

The lawsuit alleges that ZeoBIT deceptively advertised and sold MacKeeper software as capable of enhancing an Apple Macintosh computer’s speed, performance, and security by detecting and eliminating harmful errors and threats, but that it does not and cannot perform all of the functions advertised. The lawsuit seeks damages for breach of contract and unjust enrichment.

ZeoBIT denies Plaintiff’s claims of wrongdoing or liability against it and asserts that its conduct was lawful.

Why did I receive a notice?

Answer:

A court authorized the notice to let you know about a proposed settlement of a class action lawsuit with ZeoBIT LLC. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. The notice explains the lawsuit, the settlement, and your legal rights.

Who is included in the Class?

Answer:

You are included in the Settlement if you live in the United States or its territories and purchased MacKeeper software on or before July 8, 2015.

What rights am I giving up under the Settlement?

Answer:

Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement, unless otherwise ordered by the Court. For a more detailed description of the claims that you will be releasing if you do not request to be excluded from the Settlement, see paragraph 1.24 on pages 7–8 of the Settlement Agreement.

What are my options as a Class Member?

Answer:

You have four options: 

  • File a claim.  Your claim must be submitted online or mailed postmarked no later than November 30, 2015.
  • Exclude yourself from the settlement class.  Your request for exclusion must be postmarked no later than September 21, 2015.
  • Object to the settlement.  Your objection must be filed with the Court no later than September 21, 2015.
  • Do nothing.  If you do nothing, you will not receive the benefits of the settlement but you will be bound by the terms of the settlement.

How do I file a claim?

Answer:

 If you are a Class Member and you want to participate in the settlement, you must submit a completed Claim Form online or by mail postmarked by November 30, 2015.

 

You can submit an electronic Claim Form online at, or obtain a copy of the Claim Form by clicking on the following link, or by writing to the Settlement Administratorat the following address:

MacKeeper Settlement Administrator

C/o Rust Consulting, Inc.

PO Box 2242

Faribault, MN 55021-1642

How do I request exclusion?

Answer:

To exclude yourself from the Settlement Class, you must send a letter or email saying that you want to be excluded from the Settlement Class in Yencha v. ZeoBIT LLC, Case No. 14-cv-00578. Your letter or email must also include your name, address, the e-mail address you used in connection with your purchase of MacKeeper, your phone number, and your signature. If you choose to exclude yourself by mail, your request for exclusion must be postmarked no later than September 21, 2015, and sent to:

 

MacKeeper Settlement Administrator

c/o Rust Consulting, Inc.

PO Box 2242

Faribault, MN 55021-1642

 

If you choose to exclude yourself by email, your request for exclusion must be sent to info@yenchasoftwaresettlement.com   no later than September 21, 2015.

 

You cannot exclude yourself by phone.

How do I object to the Settlement?

Answer:

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you like or don’t like any part of it. You can give reasons why you think the Court should not approve it by filing an objection. The Court will consider your views. You must also send a copy to attorneys for the Parties at the addresses below. If you are represented by an attorney, your objection must be filed through the Court’s Case Management/Electronic Case Filing (CM/ECF) system.

 

The objection must be in writing and include the case name Yenchav. ZeoBIT LLC, Case No. 14-CV-00578. It must also include:

·        your name, address, and phone number,

·        the e-mail address that you used in connection with your purchase of MacKeeper,

·        an explanation of the basis upon which you claim to be a Settlement Class Member,

·        the specific grounds for the objection , including all arguments, citations, and evidence supporting the objection, if you have any),

·        the name and contact information of any and all attorneys representing, advising, or inany way assisting you in connection with the preparation or submission of your objection or who may profit from the pursuit of your objection, and

·        your physical signature.

 

The Court will consider all properly filed objections from Settlement Class Members.

Your objection must be filed with the Court or postmarked to the Court’s address no later than September 21, 2015 and mailed to the following addresses:

Court

Class Counsel

Defendant’s Counsel

Clerk of the Court

United States Courthouse

W.D. of Pennsylvania

Pittsburgh Division

700 Grant Street

Pittsburgh, Pennsylvania 15219

Benjamin H. Richman

Edelson PC

350 North LaSalle, Suite 1300

Chicago, IL 60654

Mathew D. Brown

Cooley LLP

101 California Street, 5th Floor

San Francisco, CA 94111

What is the difference between objecting and asking to be excluded?

Answer:

Objecting is simply telling the Court that you do not like something about the settlement. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

Will the Defendant retaliate against me?

Answer:

No.  Retaliation against class members for exercising their rights under a class action settlement is strictly prohibited by state and federal law.

What are the benefits of the settlement?

Answer:

Defendant has agreed to create a $2,000,000 Settlement Fund.In addition to paying for valid claims of Class Members, the Settlement Fund will be used to pay the costs to administer the settlement, any Court-ordered award to Class Counsel for reasonable fees and expenses, and any incentive award to the Class Representative.

If there is money left in the Settlement Fund after providing payments to every Settlement Class Member with a valid claim, paying the costs to administer the Settlement, the award of attorneys’ fees and expenses, and any incentive award to the Class Representative, the remaining money will be donated to the following nonprofit organizations:

·        Carnegie Mellon CyLab: Carnegie Mellon University’s CyLab establishes public-private partnerships to develop new technologies for measurable, available, secure, trustworthy, and sustainable computing and communications systems, as well as to educate individuals at all levels equipping them to meet the demands and challenges of being responsible computer users and cybercitizens. For more information visit www.cylab.cmu.edu .

·        NationalConsumer Law Center: The NCLC has dedicated itself to consumer justice issues since its founding in 1969 and has taken a leadership role in the development of laws aimed at protecting consumers, such as the Credit CARD Act of 2009. The NCLC also works closely with nonprofit organizations, legal service organizations, attorneys, policymakers, and state and federal governments to stop exploitive consumer practices, help consumers build and retain wealth, and advance economic fairness. The NCLC’s expertise has focused on a broad range of consumer issues, including deceptive acts and practices, and privacy rights. For more information visit www.nclc.org .

How much will I receive?  When will I be paid?

Answer:

If you are included in the settlement, you are eligible to submit a claim to receive a payment of up to $39.95 from a $2,000,000 settlement fund, after the payment of the costs of administering the settlement, the attorneys’ fees award, and any incentive award to the plaintiff.

 

The amount each claimant will be paid depends upon the number of valid claims submitted. There are approximately 513,000 individuals in the Settlement Class. Based upon class member participation in other similar settlements, the Parties anticipate that each Settlement Class Member that submits an approved claim in this case will receive a payment of $39.95.  If the amount required to pay each class member with a valid claim exceeds the amount of the Settlement Fund (after paying fees and expenses), then each Settlement Class Member who filed a valid claim will receive a proportionally reduced share of the Settlement Fund.

When will I receive my payment?

Answer:

If you submitted a valid and approved claim, a check will be sent to you. Checks are set to be mailed on March 4, 2016.

Will my payment be taxable?

Answer:

Please consult a tax advisor with any questions about whether any payment you receive is taxable.

Do I have a lawyer in this case?

Answer:

The Court has appointed lawyers Rafey S. Balabanian, Benjamin H. Richman, and Courtney C. Booth of Edelson PC as Class Counsel. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

How will Class Counsel be paid?

Answer:

Class Counsel will ask the Court for attorneys’ fees and expenses of up to one-third (1/3) of the Settlement Fund. The Court will determine the proper amount of any attorneys’ fees and expenses to award Class Counsel. The Court may award less than the amount requested.

 

Class Counsel will file with the Court and post on the settlement website their request for attorneys’ fees and expenses and request for an incentive award to the Class Representative two weeks before the objection deadline of September 21, 2015.

Who are the Class Representatives?

Answer:

The Class Representative is Holly Yencha.

What will the Class Representative receive?

Answer:

Class Counsel will also request a service award (also known as an “incentive” award) for the Class Representative of up to $1,000 from the Settlement Fund for her services as Class Representative and her efforts in bringing this case. The Court will determine what amount will be paid to the Class Representative. The Court may award less than the amount requested.

When and where will the Court decide whether to approve the Settlement?

Answer:

A hearing has been set for October 16, 2015 at 1:30 P.M., before The Honorable Joy Flowers Conti at the United States Courthouse, Pittsburgh Division, 700 Grant Street, Pittsburgh, Pennsylvania 15219 in Courtroom 5A.

 

The date and time of the fairness hearing are subject to change by Court Order, but any changes will be posted at on this website or through the Court’s Public Access to Court Electronic Records (PACER) system.

Do I have to come to the hearing?

Answer:

You do not need to attend this hearing. 

May I speak at the Hearing?

Answer:

If you do not exclude yourself from the Settlement class, you may speak at the Hearing. 

How do I get more information?

Answer:

The Notice contains a summary of the Class Action Litigation and the proposed Compromise and Settlement Agreement.

 

You may also view or download the Compromise and Settlement Agreement and related documents on by following the below link. 

Contact information for the settlementadministrator is:

MacKeeper Settlement Administrator

c/o Rust Consulting, Inc.

PO Box 2242

Faribault, MN  55021-1642

 

PLEASE DO NOT CALL THE COURT OR THE COURT CLERK’S OFFICE FOR INFORMATION.

Disclaimer

Please do not contact either the Defendant or the Court about this Settlement. Any and all callers will be directed to this website. If you have questions, please refer to the Commonly Asked Questions and the other information posted here. This site is not operated by Plaintiff or the Defendant.

This class action settlement is supervised by the Court and is administered by a claims administration firm that handles all aspects of claims processing.

View the Privacy Policy