1. INTRODUCTION

   If you paid Final Value Fees for selling items in the vehicle-related Parts and Accessories categories on eBay Motors between April 21, 2005, and August 26, 2009, you should have received a formal legal notice by email or postal mail. If so, and your name mail address is correct, you will be entitled to a partial refund of those fees (net of any previous refunds) under a settlement agreement if it is approved as described below.

   The settlement relates to the Lawsuit, which is a class action alleging that eBay charged the incorrect amount of Final Value Fees for the sale of Parts and Accessories in the time period above.

   Details about the Lawsuit can be found on the Court Documents page of this site: Court Documents Page. The following summarizes how a proposed settlement of the Lawsuit may affect you.

2. WHO IS COVERED BY THE SETTLEMENT?

   On July 27, 2010, the Court allowed the individual plaintiffs Yingling and Scott to represent the following people, who are known as “Class Members”:

   All persons who paid so-called Final Value Fees in conjunction with a listing of an item within eBay, Inc.’s defined category of “Parts & Accessories” on the eBay Motors website, which listing was placed between April 21, 2005, and August 26, 2009.

   This ruling also allows the law firm of Figari & Davenport LLP to act as “Class Counsel” and to represent the Class Members as their attorneys. The Court’s ruling does not mean that the Court views the claims in this Lawsuit as having merit or not.

   This Settlement applies to the same persons defined above; however, all listings made using eBay’s Store Inventory Format are excluded from the Settlement. This group of persons is the “Settlement Class.” eBay’s records were used to send email or postal mail notice to all members of the Settlement Class.

   If you believe you are a member of the Settlement Class but you did not get an email or postal mail notice, please double-check your inbox, any spam filters you may have, and your postal mail deliveries. If your name and address has changed during the period from April 21, 2005 to the present, please update your information on the change of address page by clicking here.

3. WHAT ARE THE TERMS OF THE SETTLEMENT?

   On December 20, 2010, the Court preliminarily approved the following Settlement and ordered that Notice be sent to all Settlement Class Members. The Court will hold a hearing on March 28, 2011 to decide whether to grant final approval to the Settlement, which will affect all Settlement Class Members.

   What Settlement Class Members Will Get In the Settlement If It Is Approved: Under the Settlement, eBay will establish a Settlement Fund in the amount of $30 million. The Settlement Fund will be used to (1) reimburse, in part, Final Value Fees paid (net of any previous refunds) by the Settlement Class; (2) pay all expenses to provide this notice to the Settlement Class; (3) compensate Class Counsel and the Class Representatives (as discussed further below); and (4) distribute any leftover funds will be paid to entities to be approved by the Court.Settlement payments of less than $0.50 will not exceed processing and postage costs, so Class Counsel intends to seek Court approval to eliminate all settlement payments to Settlement Class Members that do not exceed $0.50. Whether such deminimus payments may be eliminated will be addressed by the Court at the final settlement hearing described in paragraph H below.

   Payment to Settlement Class members will be proportional to the total amount of Final Value Fees (net of any previous refunds) each Class Member paid between April 21, 2005 and August 26, 2009 for selling Parts and Accessories, excluding listings in eBay Store Inventory Format. According to eBay’s calculations, which are subject to finalization and revision, it is estimated that Settlement Class Members will be refunded approximately 6.67% of the Final Value Fees (net of any previous refunds) they paid for these listings.

   For details of the terms of the Settlement Agreement, please review the Settlement Agreement available for download by clicking here.

   What Class Counsel Will Ask For From The Court: Class Counsel will ask the Court for an award of attorneys’ fees and costs to be paid from the Settlement Fund. eBay has agreed not to oppose a request for fees of up to twenty-five percent (25%) of the Settlement Fund and reimbursement for its costs and expenses. Class Counsel will file its application for fees and costs on February 4, 2011, and the application will be available on the Court Documents page of this website after it is filed with the Court. Class Counsel will also ask the Court to award $15,000 to plaintiffs Yingling and Scott for acting as class representatives.

   What eBay Will Get In the Settlement If It Is Approved: In exchange for the payments above, the Settlement Class members will release all claims they have against eBay related to the allegations in the Lawsuit. The release means that all Settlement Class Members will give up any right to file a separate lawsuit on their own behalf in any way related to the claims in the Lawsuit. The scope of the release is quite broad and is specified in the Settlement Agreement, available for download by clicking here.

4. WHAT ARE THE OPTIONS RELATED TO THE SETTLEMENT?

   Settlement Class Members have the following options related to the Settlement:

   1. Settlement Class Members can do nothing, in which case they will automatically receive a payment in the amount calculated as described in Section C above and as determined based on eBay’s records. Payment will be sent to each Settlement Class Member using the name and address in eBay’s records. Settlement Class Members may update their names and mailing addresses by clicking here. The amount of payment will be determined based on eBay’s records, and Settlement Class Members will be bound by the terms of the Settlement, including the release of claims against eBay as described in Section C above.
      
      
   2. Settlement Class Members can opt out of the settlement, as explained below in Section F.
      
      
   3. Settlement Class Members can object to the settlement, as explained below in Section G.

5. HOW TO RECEIVE A SETTLEMENT PAYMENT

   Receiving a settlement payment is easy. The amount owed to Settlement Class Members will be calculated based on eBay’s records and will be mailed using the name and address associated with the eBay user ID under which covered sales were made. It is not necessary for Settlement Class Members to do anything if their legal name and address on file with eBay is already correct. If you are a Settlement Class Member and your name and address with eBay is not current, or you want to check to be sure your legal name is on file, please click here to complete th address update process by no later than March 28, 2011. The only information Settlement Class Members need to provide in order to update their address and check the name on file with the Settlement Class Administrator is their current contact information, including all eBay user IDs used between April 21, 2005, and August 26, 2009; e-mail address; and physical address—you do not need to give any passwords or account numbers. If your legal name is not the same as the information in the field called “NAME TO BE DISPLAYED ON CHECK” when updating your address, follow the instructions on that page to contact the Settlement Class Administrator.

   IF YOU ARE A SETTLEMENT CLASS MEMBER AND YOUR CURRENT ADDRESS AND LEGAL NAME IS NOT IN EBAY’S RECORDS AND YOU DO NOT UPDATE YOUR INFORMATION AS DESCRIBED ABOVE, YOUR SETTLEMENT PAYMENT MAY NOT BE DELIVERABLE TO YOU OR BE ABLE TO BE CASHED. Undeliverable and/or otherwise uncashed settlement payments will be disbursed to certain charities or other organizations approved by the Court.

6. HOW TO OPT OUT AND THE EFFECT OF OPTING OUT

   Instead of receiving a payment as part of the Settlement, Settlement Class Members may opt out of the Settlement Class. If you are a Settlement Class Member, you may opt out by sending a written notice of exclusion by First-Class Mail, postmarked not later than February 14, 2011, to Yingling v. eBay Class Action, EXCLUSIONS, Settlement Class Administrator, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8042. Your written notice of exclusion must (1) include your name, address, email address, telephone number, and each eBay user ID utilized by you during the Class Period; (2) state that you wish to be excluded from the Settlement Class; and (3) be signed by you.

   If you are a Settlement Class Member and opt out of the Settlement Class, you (1) will not receive any of the cash payments to be made as part of the Settlement; (2) will not be bound by the final order of dismissal and release in the Lawsuit; and (3) may, if you wish and at your own expense, pursue on your own behalf whatever legal rights you believe you may have. You will also not be allowed to object to the Settlement if you opt out of the Settlement Class.

7. HOW TO SUBMIT AN OBJECTION

   If you are a Settlement Class Member and have any objections to the Settlement, you must file them with the Court by February 14, 2011. You cannot do this online nor can you simply mail something to the Settlement Class Administrator. The objection must include the Class Member’s name; current address; current telephone number; current email address; each eBay user ID utilized by the Class Member during the Class Period; the basis of the objection; all arguments, citations, and evidence supporting the objection and that he or she is a member of the Class; and whether the objector intends to appear at the final fairness hearing, either with or without counsel. Please also note that you must send copies of the objections you file to Class Counsel and Defense Counsel. Neither Class Counsel nor Defense Counsel may assist you in asserting objections; you will have to object on your own or hire, at your own expense, your own lawyer. In order to obtain the necessary addresses for the Court, Class Counsel, and Defense Counsel, please click here to review the page regarding objections.

8. WHEN WILL THE COURT CONSIDER THE SETTLEMENT?

   At 9:00 a.m., PST, on March 28, 2011, the Court will conduct a hearing to determine the fairness of the Settlement and may enter an order finally approving the Settlement. The hearing will take place in the Courtroom of the Honorable James Ware, Courtroom 8, 4th Floor, Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002. Class Counsel will appear on behalf of the Settlement Class.

9. HOW TO GET MORE INFORMATION

   If, after you have read all of the contents of this website, you have further questions about the Lawsuit and Settlement you may contact the Settlement Class Administrator by email at info@ebaymotorsfeeclassaction.com or call 888-206-2123 toll free Monday through Friday, 8:00 a.m. to 5:00 p.m., Central Time. In addition, all of the court documents are on file with the Clerk of the Court, United States District Court for the Northern District of California, Mr. Richard W. Wieking, Court Clerk, 2112 Robert F. Peckham Federal Bldg. and United States Courthouse, 280 South First Street, San Jose, CA 95113-3002, for inspection and copying at your own expense during regular business hours. The pleadings in the case can also be viewed online through PACER, the Federal Court’s online pleadings database. PACER can be accessed at http://pacer.psc.uscourts.gov, and instructions for how to search for pleadings are provided at that website.

PLEASE DO NOT CONTACT THE COURT, THE CLERK OF THE COURT,
OR THE JUDGE ABOUT THIS LITIGATION.
PLEASE ALSO DO NOT CONTACT EBAY OR PAYPAL CUSTOMER SERVICE ABOUT THIS LITIGATION.
THEY ARE NOT PERMITTED TO ANSWER YOUR QUESTIONS.

Please use the links below for a copy of the full Notice emailed to potential Settlement Class Members and a copy of the Postcard Notice, which was mailed to any party whose last known email address was not valid.

• Email Notice
• Postcard Notice

Below are certain links to Court documents relating to the Settlement.

• Plaintiffs’ First Amended Class Action Complaint
• Defendant eBay, Inc.’s Answer to Plaintiffs’ First Amended Class Action Complaint
• Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss
• Order Granting Plaintiffs’ Motion for Class Certification
• Order Modifying Class End Period; Requesting Submission of Proposed Form of Class Notice and Dissemination for Court’s Approval
• Settlement Agreement
• Order Preliminarily Approving Proposed Settlement
• Notice of Motion and Plaintiffs' Motion for Award of Attorneys' Fees and Expenses and Class Representative Incentive Compensation Awards, and Memorandum of Points and Authorities in Support Thereof
• Declaration of Keith Verges
• Exhibit A to Declaration of Keith Verges
• Exhibit B to Declaration of Keith Verges
• Exhibit C to Declaration of Keith Verges
• Final Order and Judgment

Unless you provide the Class Administrator with an updated address, your settlement payment will be mailed to the address in eBay’s records that is associated with each User ID that made a covered sale during the class period. If you used an eBay User ID that is no longer active for the sale of a parts and accessories item at any time from April 21, 2005 through August 26, 2009, or if you used multiple User IDs during that time, eBay’s records may not contain your current address for each User ID. It is imperative that you update your current address here for all eBay User IDs used during the class period.

IF YOUR CURRENT ADDRESS IS NOT IN EBAY’S RECORDS FOR ALL OF YOUR PRESENT AND FORMER USER ID’S AND IF YOU FAIL TO UPDATE YOUR ADDRESS AS DESCRIBED ABOVE, YOUR SETTLEMENT PAYMENT MAY NOT BE DELIVERABLE TO YOU. Undeliverable and/or otherwise uncashed settlement payments will be disbursed to certain charities or other organizations approved by the Court.

Because all settlement payments will be mailed to the name and address associated with each eBay user ID that made a covered sale during the class period as shown in eBay’s records, it is imperative that the Settlement Class Administrator have your current legal name and mailing address for all eBay User IDs you used during the class period.

To update your name or address currently on file with the Settlement Class Administrator, enter the email address you used at the time you were an eBay Motors seller (if you received your notice of the eBay class settlement by email, this is the same email address the Notice was sent to), or if your email address has changed or you received your notice by postcard only, enter your eBay user ID that was in use during the Class Period (April 21, 2005 through August 26, 2009); Your eBay password will not be required.

You may also update your name or address by using the Notice ID that was provided in your Notice email or on the Notice postcard you received (it is the 7 digit number in the subject line of the email or printed along with your name on the front of the postcard).

If a match is found among the known class members for your user ID, email address, or Notice ID you will be prompted to provide your current mailing address through the interactive address update feature; your address on file will not be displayed. NOTE THAT YOUR DISTRIBUTION CHECK, IF YOU ARE ELIGIBLE TO RECEIVE A PAYMENT UNDER THE SETTLEMENT, WILL BE ISSUED TO THE NAME DISPLAYED. If the name displayed is not correct, you must contact the Settlement Class Administrator toll free at 888-206-2123 and be prepared to verify your user ID during the Class Period, the address you had on file with eBay during the Class Period, and your Notice ID contained in the email or postcard Notice you received.

If the email or user ID you enter does not match a record, please contact the Settlement Class Administrator toll free at 888-206-2123 for further assistance in determining if you are indeed a Settlement Class Member.

If you do not wish to complete your address update over the Internet, you may mail or email your information including your name, email address during the Class Period noted above, eBay user ID during the Class Period, prior address, and current address to:

YINGLING V. EBAY CLASS ACTION
SETTLEMENT CLASS ADMINISTRATOR
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI 53217-8042
or
info@ebaymotorsfeeclassaction.com

Remember to include “eBay Motors Fee Class Action” on any correspondence, envelope, and/or subject line.

Instead of receiving a payment as part of the Settlement, you may opt out of the Settlement Class. You may do so by sending a written notice of exclusion by First-Class Mail, postmarked not later than February 14, 2011, to:

Yingling v. eBay Class Action
Settlement Class Administrator
EXCLUSIONS
c/o A.B. Data, Ltd.
PO Box 170500
Milwaukee, WI 53217-8042

Your written notice of exclusion must (1) include your name, address, email address, telephone number, and each eBay user ID utilized by you during the Class Period; (2) state that you wish to be excluded from the Settlement Class; and (3) be signed by you.

If you opt out of the Settlement Class, you (1) will not receive any of the cash payments to be made as part of the Settlement; (2) will not be bound by the final order of dismissal and release in the Lawsuit; and (3) may, if you wish and at your own expense, pursue on your own behalf whatever legal rights you believe you may have. You will also not be allowed to object to the Settlement if you opt out of the Settlement Class.

If you are a Settlement Class Member and you have any objections to the Settlement, you must file them with the Court by February 14, 2011. You cannot do this online nor can you simply mail something to the Settlement Class Administrator.

The objection must include the Class Member’s name; current address; current telephone number; current email address; each eBay user ID utilized by the Class Member during the Class Period; the basis of the objection; all arguments, citations, and evidence supporting the objection and that he or she is a member of the Class; and whether the objector intends to appear at the final fairness hearing, either with or without counsel.

Please also note that you must send copies of the objections you file to Class Counsel, Defense Counsel, and the Court by February 14, 2011, at the addresses below:

Attorneys for Plaintiffs Brice Yingling d/b/a Alamo Autosports and Andy Scott

Keith Verges
Parker D. Young
Raymond E. Walker
FIGARI & DAVENPORT, L.L.P.
901 Main Street, Suite 3400
Dallas, TX 75202

Attorneys For Defendant eBay, Inc.

Michael G. Rhodes
Benjamin F. Chapman
COOLEY GODWARD KRONISH LLP
4401 Eastgate Mall
San Diego, CA 92121

Whitty Somvichian
COOLEY GODWARD KRONISH LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800

Clerk of Court

United States District Court for the Northern District of California
Richard W. Wieking, Court Clerk
2112 Robert F. Peckham Federal Bldg. and United States Courthouse
280 South First Street
San Jose, CA 95113-3002

Make sure that your filing with the Court includes the case name and number, Brice Yingling d/b/a Alamo Auto Sports and Andy Scott vs. eBay, Inc., Case No. C 09 01733. You must also comply with all court rules and procedures for filing and any appearance.

Neither Class Counsel nor Defense Counsel may assist you in asserting objections; you will have to object on your own or hire, at your own expense, your own lawyer.

FOR PARTIES THAT PROVIDED A FULL LEGAL NAME TO EBAY IN SETTING UP YOUR ACCOUNT AND HAVE SINCE HAD A LEGAL NAME CHANGE DUE TO:

Marriage:

If your name has changed due to marriage, please send a copy of your marriage certificate.

Divorce:

If your name has changed due to divorce, please send a copy of your divorce decree.

Court Proceedings for Change of Legal Name:

If your name has changed due to court proceedings to legally change your name, please send a copy of the court order of legal name change.

Please mail or email the appropriate documentation to:

YINGLING V. EBAY CLASS ACTION
SETTLEMENT CLASS ADMINISTRATOR
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI 53217-8042

or

info@ebaymotorsfeeclassaction.com

Remember to include “eBay Motors Fee Class Action” on any correspondence, envelope, and/or subject line.

FOR PARTIES THAT DID NOT PROVIDE A FULL LEGAL NAME TO EBAY IN SETTING UP YOUR ACCOUNT:

You must contact the Settlement Class Administrator toll-free Monday through Friday 8:00 a.m. to 5:00 p.m. at 888 206 2123 and be prepared to verify the following pieces of information in order to update your name for issuance of your distribution check, if eligible to receive one:

1. eBay User ID during the Class Period
2. Notice ID included in the subject line of the Notice email or above your name in the Notice postcard if your email address associated with your eBay account during the Class Period was no longer valid
3. Address associated with your eBay account during the Class Period

If you are an heir of a deceased Class Member or would like to file a claim on behalf of an heir, please send copies of the following documents to the Class Administrator:

1. Death certificate;


and


2. Order from probate court establishing beneficiary(ies)


or


3. Statement showing the eBay account was a joint tenancy with right of survivorship account from month of the decedent's death (if applicable)

Please mail or email the appropriate documentation to:

YINGLING V. EBAY CLASS ACTION
SETTLEMENT CLASS ADMINISTRATOR
C/O A.B. DATA, LTD.
PO BOX 170500
MILWAUKEE, WI 53217-8042
or
info@ebaymotorsfeeclassaction.com

Remember to include “eBay Motors Fee Class Action” on any correspondence, envelope, and/or subject line.