Valentine v NebuAd, Inc.

THIS WEBSITE IS TO PROVIDE NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

To learn whether you are in the class and how the Settlement affects you, click here for the full Notice of Pendency of Class Action and Proposed Settlement.

The Case against NebuAd
The Lawsuit contends that NebuAd’s services included displaying behaviorally targeted advertisements to website visitors. The Lawsuit further contends that NebuAd determined which advertisement to target to a visitor by analyzing the visitor’s communications with websites visited by using devices (“Appliances”) installed in the networks of the visitors’ Internet Service Providers (ISPs) that were NebuAd clients. In addition, the Lawsuit contends that NebuAd stored and read browser cookies on the computers of website visitors, as part of the process of serving advertisements and collecting information for profiling users. (Ordinarily, users who do not want third parties’ cookies can set their browser controls to block them. Users also can delete third-party cookies after those cookies have been delivered to them.)

The Lawsuit alleges, and NebuAd denies, that it used the Appliances to intercept and alter consumers’ communications with websites they visited and that the Defendant did not provide adequate notice or choice about the use of the Appliance and thereby violated Class Members’ privacy rights. The Lawsuit alleges that NebuAd violated the following federal statutes, California statutes, and common-law legal rights: the Computer Fraud and Abuse Act, Title 18, United States Code 1030; the Electronic Communications Privacy Act, Title 18, United States Code, Section 2510; the Computer Crime Law, California Penal Code, Section 502; Civil Conspiracy; and Unjust Enrichment.

The Settlement
The Court is considering approval of a mediated settlement agreement reached between the parties. Click on the following links to view the Stipulation of Settlement and Release and the full Notice of Pendency of Class Action and Proposed Settlement.

Under the pending settlement—

Certain former directors and officers of NebuAd, Inc., on a reasonable basis, will provide sworn testimony relating to the allegations of the Lawsuit for use in other actions against ISPs that were NebuAd clients, for claims related to or arising out of such clients’ relationships with NebuAd, and testify at trial in any related lawsuits.
NebuAd, Inc., will establish a settlement fund of $2.41 million. The majority of the Settlement Fund will be dedicated to “cy pres” relief—money that will be donated to Court-approved non-profit organizations to fund research education or activities to promote consumer awareness and choice regarding the privacy, safety, and security of electronic information from and about consumers. Plaintiffs’ attorneys’ fees and costs of litigation, the named plaintiffs’ incentive awards and the costs of administering the Settlement will also be paid for from the fund. (Court-appointed Class Counsel are the firms of KamberLaw, LLC and Panish Shea & Boyle LLP. Other counsel for plaintiffs in this matter are the Law Office of Joseph H. Malley, P.C. and Parisi & Havens LLP.)
Class members will not receive compensation and do not need to file claims.
The case against NebuAd, Inc. will be dismissed.
Class members may comment in support of or in opposition to the proposed settlement by mailing or delivering (email not permitted) signed, written comments. Your comments must include:
- the case name, Valentine, et al. v. NebuAd, Inc., No. 3:08-cv-05113 (TEH)(EMC)
- your name and mailing address
- your signature
Your comments must be received by December 1, 2011, by:

    Valentine v NebuAd, Inc. Settlement Administrator
    c/o Kurtzman Carson Consultants
    P.O. Box 6177
    Novato, CA 94948-6177

This site provides the following information: