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发帖数: 60932 | 1 NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
To: All persons who are or were accountholders or prospective accountholders
who provided physical mailing, postal or email addresses to TD Ameritrade,
Inc. on or before September 14, 2007 (the "Settlement Class").
Your rights might be affected by a Class Action Settlement.
Below is a summary of the proposed settlement. In re TD Ameritrade Account
Holder Litigation,
Case No. C 07 2852 VRW
WHAT THIS SETTLEMENT IS ABOUT: These lawsuits were filed against TD
Ameritrade, Inc., et al. (the "Company" or "Defendant") on behalf of the
Settlement Class. The amended consolidated complaint ("Complaint") alleges
that an unauthorized third party acquired email addresses of the Company's
accountholders that were then used by spammers to send unsolicited emails
promoting certain stocks. The Complaint seeks monetary and injunctive relief
for any alleged injuries arising from the data breach, including alleged
receipt of spam and identity theft, if it were to occur. Recovery is sought
based upon the alleged violation of various state and federal laws and
alleged breach of fiduciary duty. The Company denies any liability in the
matter and has no evidence that the data breach has resulted in identity
theft. To resolve this matter without the expense and uncertainties of
litigation, the Parties have reached a proposed settlement. This Settlement
is not an admission of wrongdoing by any party.
WHAT THIS SETTLEMENT PROVIDES: If the Settlement is approved by the Court,
the Settlement will provide various benefits to the Settlement Class,
including compensation for Settlement Class Members who suffered identity
theft. To be eligible for compensation, Settlement Class Members must
complete a Claim Form that will be available as described below and send the
completed Claim Form or submit it electronically to the Claims
Administrator by no later than July 6, 2011. Eligibility and the amount of
compensation will be determined by a Claims Administrator and will depend
upon various factors explained in the Claim Form and the full Notice of
Proposed Class Action Settlement (the "Notice"), which are available as
described below. Compensation paid to an individual claimant can range from
$50 to $2,500. Total compensation paid to all claimants will not exceed $6.5
million, inclusive of any attorneys' fees or cost award. The Company is
required to pay no less than $2.5 million in Settlement benefits. In
addition, the Company will retain an independent information technology
security consultant to assess whether the Company has met certain
information technology security standards.
In return for these benefits, the lawsuits will be dismissed and members of
the Settlement Class who do not exclude themselves from this Settlement
according to the procedures described below will be deemed to have released
all claims against the Company relating to the unauthorized acquisition of
email addresses and any other customer information and/or the receipt of
SPAM emails, identity theft and any increased risk of identity theft.
THIS IS ONLY A SUMMARY NOTICE: The details of how to obtain and complete a
Claim Form, the release, provisions for attorneys' fees and costs, and other
pertinent information about the terms of the Settlement are set forth in
the Notice. You may obtain a copy of the Notice by visiting the Settlement
Web site: www.AccountDataSettl ement.com:
http://www.AccountDataSettlement.com
or by mailing a request for the Notice to the Claims Administrator: TD
Ameritrade Settlement Administrator, P.O. Box 6177, Novato, CA 94948-6177.
WHO REPRESENTS THE MEMBERS OF THE CLASS? The Court has appointed several
lawyers to represent the Settlement Class. The Class Counsel who is
designated to respond to questions is Gretchen M. Nelson of Kreindler &
Kreindler LLP. You may hire your own attorney if you wish; however, you will
be responsible for that attorney's fees and expenses.
FAIRNESS HEARING: A hearing will be held on April 7, 2011, at the U.S.
District Court for the Northern District of California, San Francisco
Division, 450 Golden Gate Ave., San Francisco, CA 94102, to determine the
fairness of the proposed Settlement, including the amount of any award to
Class Counsel for costs and attorneys' fees. The date for the hearing may be
changed without notice. YOU ARE NOT OBLIGATED TO ATTEND THIS HEARING.
TO OBJECT TO THE SETTLEMENT: If you are a member of the Settlement Class and
wish to comment on or object to the Settlement you must timely file your
objection or comments in writing with the Clerk of the U.S. District Court
for the Northern District of California, San Francisco Division, 450 Golden
Gate Ave., San Francisco, CA 94102, on or before March 15, 2011, and follow
other procedures described in the Notice.
TO EXCLUDE YOURSELF FROM THE CLASS: If you are a member of the Settlement
Class, you have the right to exclude yourself from both the Settlement Class
and the Settlement by following certain procedures described in the Notice,
including but not limited to sending a written request for exclusion to the
Claims Administrator at the address above, on or before March 15, 2011.
For more information, or to obtain a copy of the Settlement Agreement and
other documents filed with the Court, you can view the Court file in the
Clerk's Office, visit the Settlement Web site: www.AccountDataSettl ement.
com:
http://www.AccountDataSettlement.com
or contact Class Counsel at 800-331-2782. Please Do Not Contact The Court
Or The Clerk Of The Court Concerning This Notice.
By Order of the Court,
Dated: December 20, 2010
THE HONORABLE CHIEF JUDGE VAUGHN R. WALKER
U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO
DIVISION
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