OMS V. Yahoo Settlement - is this legit?

[BlizzGirl]

I received an email today on behalf of a client titled
"Notice of Class Action Settlement (OMS v. Yahoo!)" - has anyone else received this? It looks a bit strange and takes you to this website omsbudgetingsettlement.com

Any news?
Thanks
~Carrie

[Vural Cifci]

I actually received a regular mail (whatever that means) from US Distrct cout about the case between Checkmate Strategic Group vs. Yahoo case. Checkmate claims that Yahoo has brreached its contracts with Class Persons and committed unfair business practices under .......
I think it is the same as you received since the title on web page mentions OMS
www.checkmatesettlement.com

[BlizzGirl]

We had received the "Checkmate" notices also - was curious why they changed to this "OMS" or if it was a different settlement - doesnt look like it.

[Stevesko]

my partner recieved the email... yahoo does not have his email adddress - just mine. I think its a scam - it even was filtered by my spam filter...

Steve

[danielanaidu]

I called Yahoo about it. Both class action suits are legitimate and separate (checkmate and OMS). They claim different things, and they cover different dates. Read them carefully and you will see.

[YahooSarah]

Hi-
I wanted to confirm that the two settlements are for separate allegations brought in two distinct cases and they are both legitimate (as Daniel points out).

The Checkmate settlement is related to traffic quality and alleged click fraud, and, in part, provides for Yahoo! to offer a one-time extended claims period during which advertisers can submit click fraud claims for specific clicks back through January 2004. Visit http://www.checkmatesettlement.com for settlement information.

The OMS settlement is related to Yahoo!’s operation of and disclosures regarding the budgeting feature in its search marketing system. Visit www.omsbudgetingsettlement.com for settlement information.

YahooSarah

[Starr]

First of all Yahoo's lawyers are all for this class action. Want to know why?

If you read the section entitled "What I am Giving Up if I Participate in the Settlement", you'll see that IF you participate you give up all rights to any legal ADDITIONAL legal action against Yahoo from 1998 thru 2006 and this reliquishment of rights will extend to everyone involved with the service during that time.In other words, if you were paying for advertising and got roasted by illegal clicks, you are bound by whatever pittance you may or may not get as a result of this settlement proposal.

Let's say you paid for $500 worth of clicks that were pure BS...your competitors driving up your clicks with phony bids that they got their families and friends to do...regularly on your site.

Then via this settlement you get a paltry $32 bucks back. That's it..you're done. You can't sue Yahoo or even complain about it to any legal authority because by NOT formally excluding yourself from this class action...you have joined it.

There are those who believe that there is no "real" click protection system in Yahoo Search Marketing..it's based mostly on cookies and if the illegal clicker doesn't allow himself to be tracked or has an IP who assigns random IPs, there is no way to know if the clicker is the same or someone else each time. Yahoo makes money on illegal clicks and can't explain their click system. SO, they get away with millions because of unqualified clicks....simply because by this lawsuit..."the Final Judgment shall have fully, finally and forever released, relinquished and discharged all Released Claims."

Once done, Yahoo may never be challenged again for clicks during those years by anyone who does not write in and exclude themselves. So Yahoo gets off with a judge's penalty of a couple hundred grand. Big deal. They made millions.

Of course "counsel" is recommending this. Do you note that it doesn't say whose counsel??? Yahoo's counsel would love it if everyone got on the class action bandwagon! The more the better for Yahoo! Note that the information we receive in the mail doesn't discuss click protection or how it is or is not faulty.

This bogus class action simply buys off the advertisers and saves Yahoo's butt from the hit they'd really take if there was a bonafide investigation.


You are automatically opted in to this class action unless you formally opt out..in writing. Now why would Yahoo do that?

Think about it.
Starr

[Starr]

The OMS one is a different name but same parties.

Same old ruse...you are opted in and Yahoo gets a slap on the wrist against any future complaints for which they stand to lose millions.

This class action is a preventative measure. They are taking the small self-imposed punishment to prevent the larger. They assume that most people are too legally unaware to see what's really happening.

Again, you must OPT OUT formally in both actions or you give up any future claims.

Apparently there have been a lot of dissatisfied advertisers lately and they need to cut any trouble off at the knees. While the actions may be legit in the world of legalese, they haven't been initiated by advertisers..In fact they've been engineered totally by Yahoo to "defang" the advertisers.

[Discovery]

YSM's behavior is very dissapointing.

I realize this is a legalese thing and they have the legal right to conduct business in this manner, but from a pure business relationship stand point this is very offensive.

I find it interesting that we as marketers have strict guidelines and laws to follow about privacy, opt in marketing and using the Do Not Call list. This is all based on the premise that consumers dont need to opt out of your solicitations, YOU as the marketer have to first have thier permission to market to them. And I fully support this stance. Yet this lawsuite forces advertisers to opt out of it?!!! I almost cant believe that this is legally possible.

Not suprisingly, they have made it difficult to find and process an opt out request. I could find no links, no forms and very little intructions on how to do so. While, all the other options to support their lawsuite have links, forms and detailed information. Shocker..

So here it is, if you want to opt OUT of these lawsuites you have to:

Checkmate opt out:
10. WHAT IF I DO NOT WISH TO PARTICIPATE IN THE SETTLEMENT?
A. Your Right to Exclude Yourself from the Settlement
As a Class Person, you may elect to exclude yourself from the class settlement. If you wish to exclude yourself from the class, you must submit a written statement requesting exclusion from the Class on or before October 14, 2006 (hereinafter “Request for Exclusion”). Such request to be excluded must be personally executed by the Class Person, contain the full name, address, telephone number, and account number(s) of the class Person requesting exclusion and the date(s) of the advertising campaign with Yahoo!, and must be returned to the Claims Administrator at Claim Administrator, PO Box 1340, Minneapolis, MN 55440-1340, by
certified or registered mail. If you exclude yourself from the Class and the proposed settlement with Yahoo! is finally approved, you will not be entitled to receive any benefits of the settlement and will remain free to pursue
any legal rights you may have against Yahoo! at your own expense, but the representative plaintiff and their lawyers will not represent you as to any claims against Yahoo!.

Do as you wish - We will not be participating in this sham.

Discovery

[BlizzGirl]

As with most things Yahoo this whole class action mess has been poorly managed and a royal pain in the fanny. Certified snail mail? Why no online opt in/opt out option? Is this the dark ages??

It's not even worth the certified mail fee - We've mostly ignored this as most of our clients havent spent enough with this company to justify it.

By the way, Yahoo - thanks for turning ALL of my campaigns back to advanced match, it was lots of fun charging my clients to go back in and fix that yet again.

C'mon MSN - increase your market share so I can turn these accounts OFF!

~Carrie