A Court authorized the Notice because you have a right to know about a proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.
The Honorable George Caram Steeh, of the U.S. District Court for the Eastern District of Michigan (Detroit), is overseeing this case. The case is known as Perlin v. Time Inc., Case No. 2:16-cv-10635-GCS-MKM. The person who sued is called the Plaintiff. The company that got sued is called the Defendant, which is Time Inc. in this case.Top
In a class action, one or more people called class representatives (in this case, Carolyn Perlin) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Class.Top
This lawsuit claims that Defendant violated Michigan’s Video Rental Privacy Act, M.C.L. § 445.1712 (“VRPA”) by disclosing information related to its customers’ magazine subscriptions to third parties. The Defendant denies it violated any law. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.Top
The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation now rather than, if at all, years from now.Top
The Court decided that everyone who fits this description is a member of the Settlement Class:
All persons with Michigan street addresses who purchased a subscription to a Time Publication directly from Time, but in a manner other than through a Time website, between February 19, 2013 and February 19, 2016.
Most Class Members purchased their subscriptions to Time Publications by mailing in a postcard to Time Inc. Such postcards typically include discounts off the cover price when buying a subscription. Time Publications include: Cooking Light, Coastal Living, Health, Southern Living, Sunset, This Old House, All You, Big Picture, Essence, Edge, Entertainment Weekly, Fortune, Golf, InStyle, Travel & Leisure, Time, Time for Kids, People, People En Español, People Style, Money, Sports Illustrated, Sports Illustrated Kids, Real Simple, Food & Wine, and Wallpaper.
Based on Defendant’s records, there are approximately 719,000 potential Class Members.Top
Monetary Relief: Defendant has created a Settlement Fund totaling $7,400,000.00. Class Member payments, as well as the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees and an award to the Class Representative will also come out of this fund (see Question 13).
Privacy Protections: In addition to this monetary relief, for a period of two (2) years following Preliminary Approval, the Defendant has agreed not to disclose any Michigan Subscriber Information to any third-party companies without the prior express written consent of the affected subscribers. A detailed description of the settlement benefits can be found in the Settlement Agreement.Top
If you are member of the Settlement Class you may submit a Claim Form to receive a portion of the Settlement Fund. The amount of this payment will depend on how many of the Settlement Class Members file valid claims. Each Settlement Class Member who files a valid claim will receive a proportionate share of the Settlement Fund, which Class Counsel anticipates will be approximately $25–50. You can contact Class Counsel at 1-866-354-3015 to inquire as to the number of claims filed.Top
You should receive a check from the settlement administrator within 60 days after the Settlement has been finally approved and/or after any appeals process is complete. The hearing to consider the final fairness of the Settlement is scheduled for October 15, 2018. All checks will expire and become void 90 days after they are issued.Top
If you are a Class Member and you want to get a payment, you must complete and submit a Claim Form by November 29, 2018. Claim Forms can be found and submitted on-line or you may have received a Claim Form in the mail as a postcard attached to a summary of the notice. To submit a Claim Form on-line or to request a paper copy, go to File a Claim or call toll free, 1-844-593-1080.
We also encourage you to submit your claim electronically. Not only is it easier and more secure, but it is completely free and takes only minutes!Top
If the Settlement becomes final, you will give up your right to sue the Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates described in Section 1.26 of the Settlement Agreement. Unless you exclude yourself (see Question 14), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the “Court Documents” link on this website.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Questions 12 & 17 for free or you can, of course, talk to your own lawyer if you have questions about what this means.Top
If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement.Top
The Court has appointed Eve-Lynn Rapp, Ari J. Scharg, and Benjamin S. Thomassen of Edelson PC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.Top
The Defendant has agreed to pay Class Counsel attorneys’ fees and costs in an amount to be determined by the Court. The fee petition will seek no more than 40% of the Settlement Fund; Class Counsel may ask for and the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.
Subject to approval by the Court, Defendant has agreed to pay $5,000 to the Class Representative from the Settlement Fund for her services in helping to bring and settle this case.Top
To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Perlin v. Time Inc., Case No. 2:16-cv-10635-GCS-MKM settlement. Your letter or request for exclusion must also include your name, your address, the name of the Time publication(s) to which you subscribed, your signature, the name and number of this case, and a statement that you wish to be excluded. You must mail or deliver your exclusion request no later than September 14, 2018 to:
Magazine Subscriber Privacy Settlement
PO Box 404075
Louisville, KY 40233-4075Top
No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement.Top
No. If you exclude yourself, you should not submit a Claim Form to ask for benefits because you won’t receive any.Top
If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Perlin v. Time Inc., Case No. 2:16-cv-10635-GCS-MKM and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a Class Member (including the name of the Time Publication to which you are or were a subscriber), the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.
Class Counsel will file with the Court and post on this website its request for attorneys’ fees by August 31, 2018.
If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (explained below in the answer to Question Number 21), you must say so in your letter or brief. File the objection with the Court and mail a copy to these three different places postmarked no later than September 14, 2018.
The Hon George Caram Steeh
231 W. Lafayette Blvd.
Detroit, Michigan 48226
Ari J. Scharg
350 North LaSalle St. Suite 1400
Chicago, Illinois 60654
Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
The Court will hold the Final Approval Hearing at 2:00 p.m. Eastern on Octobert 15, 2018 in Room 1080 on the 10th floor at the Theodore Levin U.S. Courthouse, 231 W. Lafayette Blvd., Detroit, Michigan. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-844-593-1080. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of such Final Approval Hearing.Top
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required.Top
Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Perlin v. Time Inc., Case No. 2:16-cv-10635-GCS-MKM.” It must include your name, address, telephone number and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked no later than September 14, 2018, and be sent to the addresses listed in Question 17.Top
The Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement here. You may also write with questions to Magazine Subscriber Privacy Settlement, P.O. Box 404075, Louisville, KY 40233-4075. You can call the Settlement Administrator at 1-844-593-1080 or Class Counsel at 1-866-354-3015, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this website.Top