These answers are written for this redesign. They summarize the settlement in plain language and do not replace the official notice, the settlement agreement, or the orders of the Court.
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What is this settlement about?
The settlement resolved a class action that accused ZeoBIT of misleading buyers about what MacKeeper could do. ZeoBIT denied the claims. The Court approved the settlement on November 5, 2015.
What is a class action?
A class action lets one or more people sue on behalf of a larger group with similar claims. The group is the class. The person who files is the class representative. Federal Rule 23 sets the general framework for these cases.
Why did the Court authorize a notice?
The Court wanted class members to know that a settlement could affect their rights. The notice described the case, the settlement terms, and the choices available before the deadlines.
Who was in the settlement class?
MacKeeper buyers who lived in the United States or any U.S. territory and made the purchase on or before July 8, 2015. People who asked to be excluded are not in the class.
What did the lawsuit claim?
The lawsuit claimed that ZeoBIT marketed MacKeeper as able to improve an Apple computer's speed, performance, and security, and to find and remove harmful errors and threats, when the software could not do all of those things. The plaintiff also raised Pennsylvania consumer protection, fraud, and contract claims.
Did ZeoBIT admit wrongdoing?
No. ZeoBIT denied the claims and said its conduct was lawful. The settlement ended the case without a trial and without a court finding that either side was right.
What rights did class members give up?
Unless they excluded themselves, class members released the claims covered by the settlement. That means they could not sue ZeoBIT later over the same issues. The settlement agreement defines the released claims.
What choices did class members have?
They could submit a claim, exclude themselves, object, attend the fairness hearing, or do nothing. Each choice had a different effect. All deadlines have passed.
How could someone file a claim?
By submitting the claim form online or by mail with a postmark no later than November 30, 2015. The claim period is closed, so new claims cannot be filed now.
How could someone ask to be excluded?
By sending a written request to the settlement administrator by September 21, 2015. The request had to identify the case and include the required contact details and signature. The exclusion period is closed.
How could someone object to the settlement?
By filing a written objection with the Court and sending a copy to the lawyers for the parties by September 21, 2015. The objection had to explain the reasons and include the required information. The objection period is closed.
What is the difference between objecting and exclusion?
An objection tells the Court that you oppose the settlement but want to stay in the class. Exclusion removes you from the class, so you receive no payment and keep your own rights. The two paths are different.
Could ZeoBIT retaliate against class members?
No. State and federal law prohibit retaliation against class members for using their rights in a class action settlement.
How large was the settlement fund?
$2,000,000. The fund paid valid claims, administration costs, any fee award to class counsel, and any service award to the class representative approved by the Court.
How much could a claimant receive?
Up to $39.95 for a valid claim. The actual amount depended on the number of approved claims and the costs paid from the fund. If claims exceeded the available money, payments would be reduced proportionally.
When were payments expected?
The settlement materials said approved claimants should expect a check within about 60 to 90 days after final approval and any appeals. The same materials said checks would expire 90 days after they were issued.
Are payments taxable?
The settlement materials did not give tax advice. A recipient should consult a tax adviser about their own situation.
Who represented the class?
Edelson PC served as class counsel. The Court appointed Rafey S. Balabanian, Benjamin H. Richman, and Courtney C. Booth of the firm.
How was class counsel paid?
Class counsel asked the Court for a fee and expense award capped at one third of the settlement fund. The Court decided the actual amount and could award less. The fees came from the fund, not from a separate charge to class members.
Who was the class representative?
Holly Yencha.
What did the class representative receive?
Class counsel asked the Court for a service award of up to $1,000 for the class representative's work. The Court decided the actual amount and could award less. The award came from the fund.
When and where was the fairness hearing?
1:30 p.m. Eastern on October 16, 2015, before Judge Joy Flowers Conti at the U.S. Courthouse, Pittsburgh Division, 700 Grant Street, Pittsburgh, Pennsylvania 15219, in Courtroom 5A.
Did class members have to attend the hearing?
No. Attendance was optional. A class member could speak at the hearing if they did not exclude themselves, but no one had to appear.
Could class members speak at the hearing?
Yes, if they stayed in the class. The hearing was the place to ask the Court to consider views about the fairness of the settlement. The hearing has already taken place.
What happened to money left in the fund?
After valid claims and approved costs were paid, any remaining money was to go to Carnegie Mellon CyLab and the National Consumer Law Center. The settlement materials described those gifts as a further public benefit.
Where can I find more information?
The settlement administrator is the first stop for questions about a past claim or payment. Official filings are available through the Court and PACER. The filing index on this site explains the main documents. For general legal help, try LawHelp.org.
Still need a person?
The settlement administrator can answer questions about a past claim, a payment, or the record. Please do not contact ZeoBIT or the Court about the settlement.