BN Email from Sep 2014 You had to read the fine print.
Important information regarding benefits from the Apple Inc. settlement
Dear Xxxxxxxx,
We are contacting you because you may be eligible for certain benefits that could result from a lawsuit and contingent settlement involving Apple Inc.
Please be advised that:
Apple Inc. is appealing the result of the lawsuit and no benefits may be forthcoming.
ANY BENEFITS YOU MAY RECEIVE FROM THE APPLE SETTLEMENT WOULD BE SEPARATE FROM, AND IN ADDITION TO, the benefits you received as a result of the settlements between the States Attorneys General, Class Plaintiffs and five e-book publishers, for which you and millions of other Barnes & Noble customers received an electronic credit gift certificate.
Please note: The credit you previously received from the settlements involving the e-book publishers is not affected by the Apple settlement. If you have not already made a purchase with your credit from the first settlements, it is still available in your Barnes & Noble account until March 31, 2015. Once the credit has been activated to make a purchase, any balance remaining has no expiration date and can be used at any time.
Barnes & Noble is not a party to this lawsuit and settlement involving Apple, but as a Barnes & Noble customer you may be able to take advantage of the potential benefits that may result.
There is nothing you need to do to receive the potential benefits from this contingent settlement with Apple, should they occur.
You may decide not to participate in the Apple settlement. If you want to consider this option, we recommend that you review the steps you can take, as well as your rights, which are explained in the attached legal notice.
As always, we appreciate your business and thank you for being a valued NOOK and Barnes & Noble customer.
Sincerely,
Barnes & Noble
Settlement ID Number: BNxxxxxxxxx
Benefits from E-books Settlement with Apple
Para una notificación en Español, llamar o visitar nuestro website.
Records indicate that you may be eligible for a payment from a Settlement reached by State Attorneys General and Class Plaintiffs with Apple Inc. ("Apple"). The Apple Settlement resolves Plaintiffs' claims for money damages against Apple in antitrust lawsuits about the price of electronic books ("E-books"). Barnes & Noble has not been sued in these cases. It is providing this notice as a service to its customers.
What the Apple Settlement Provides
The Apple Settlement provides for three possible outcomes, depending on the decision of an appeal of the Court's July 10, 2013 finding that Apple violated the antitrust laws ("Liability Finding"). First, if the Court's Liability Finding is upheld, Apple will pay $400 million to Eligible Consumers. Second, if the Liability Finding is sent back to the District Court for further consideration of whether Apple violated the antitrust laws, Apple will pay $50 million to Eligible Consumers. Third, if the Liability Finding is reversed, Apple will make no payments.
If Apple is required to pay Eligible Consumers under either of the first two options and if the Court approves the Apple Settlement, you will receive an automatic credit to your customer account. The amount of your payment, if any, will be determined based on the qualifying E-book purchases identified by Barnes & Noble in your E-reader account.
How to Receive your Benefit
If Apple is required to make a payment to Eligible Consumers, you do not need to do anything at this time to receive your credit unless you change your email address. (If you do change your email address, you should update your Barnes & Noble profile or visit
www.EbookLawsuits.com and click on the "Update Your Contact Information" link.) If the Court approves the Apple Settlement, you will receive another email letting you know how to activate your credit. Once you activate the credit, it will be applied to your account by Barnes & Noble. If you bought E-books from more than one retailer, you may receive other notices with different instructions on how to receive a payment.
If Apple is required to make a payment to Eligible Consumers, you also have the option to receive a check instead of your credit. You can request a check by calling 1-866-686-9333, or going to the Apple Settlement website listed below, and clicking on the Check Request Option link on or before October 31, 2014. Be sure to reference the Settlement ID number found at the top of this email. Customers who received a check from the earlier E-books settlements do not have to re-submit a check request for the Apple Settlement. However, if your mailing address changes before you receive your check, please visit
www.EbookLawsuits.com and click on the "Update Your Contact Information" link to update your mailing address.
Your Other Rights
You can choose to exclude yourself from the Apple Settlement and keep your right to sue Apple on your own. If you exclude yourself, you can’t receive any benefits from the Apple Settlement. Your written Exclusion Form must be postmarked by October 31, 2014.
If you don't exclude yourself, you can submit objections about the Apple Settlement. Your written objections must be postmarked by October 31, 2014.
Please visit the Apple Settlement website below for detailed information on how to submit a valid Exclusion Form or objection.
The Court will hold a hearing on November 21, 2014, at 2:00p.m. to consider whether to approve the Settlement. You or your own lawyer may ask to appear and speak at the hearing. The hearing may be moved to a different date or time without additional notice, so please check the website below for additional information.
For more detailed information:
Call 1-866-686-9333 or visit
www.EbookLawsuits.com
© 2014 Barnes & Noble. All Rights Reserved.
Barnes & Noble, Inc., 122 Fifth Avenue, New York, NY 10037