People of the State of California v j2 Global, Inc. Frequently Asked Questions

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Questions

Answers

1. Why Did I Get A Notice?

Answer:

As more fully detailed below, Plaintiff, the People of the State of California, and Defendant, j2 Global, Inc. (“j2”), the ultimate parent company of the company operating eFax.com, MyFax.com and metroFax.com stipulated to the entry of a final judgment.  The parties voluntarily entered into this stipulated final judgment without any admission or proof of wrongdoing.  The Court never decided who is right or wrong in the action.  

As part of the stipulated final judgment, you have been identified as a potential paying fax service consumer customer of eFax.com, MyFax.com, or metroFax.com, who signed up during April 1, 2012 through November 30, 2016 with a California billing address and who did not already receive a refund for your payment.

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2. What's This Stipulated Final Judgment/Action About?

Answer:

Plaintiff, the People of the State of California and Defendant, j2 Global, Inc. (“j2”) reached a stipulated final judgment in their Los Angeles lawsuit captioned as People of the State of California v. j2 Global Inc., Case No. 19-ST-CV06851.  In the lawsuit, Jackie Lacey, District Attorney of Los Angeles County; Summer S. Stephan, District Attorney of San Diego County; Jeffrey F. Rosen, District Attorney of Santa Clara County; Jeffrey S. Rosell, District Attorney of Santa Cruz County; and Lane H. Dilg, City Attorney of Santa Monica represented Plaintiff.  

Pursuant to this stipulated final judgment, j2, the ultimate parent company of the company operating efax.com, MyFax.com and/or metrofax.com, agreed to change how it advertises automatically renewing and continuous service subscriptions on its websites.  Under the stipulated final judgment, j2 also agreed to provide money to eligible California Consumer customers and stipulated to terms of certain injunctive relief.


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3. What Are the Terms of the Injunction?

Answer:

Under the terms of the stipulated final judgment, and pursuant to Business and Professions Code sections 17203 and 17535, the parties agreed that j2 Global, Inc. would be permanently enjoined from making Automatic Renewal  and Continuous Service contracts with consumers in California in the following manner:

Required Disclosure

a. Fail to present the Automatic Renewal Offer Terms in a Clear and Conspicuous manner before the subscription or purchase agreement is fulfilled and in visual proximity, or in the case of an offer conveyed by voice in temporal proximity, to the request for consent to the Automatic Renewal Offer Terms.

Affirmative Consent

b. Charge a California Consumer’s credit or debit card or account with a third party for an Automatic Renewal or Continuous Service without first obtaining their affirmative consent to the Automatic Renewal Offer Terms.  Once the initial consent is obtained, separate consents for each renewal shall not be required.  For online and written orders, this consent shall include the following:
1) The consent is obtained by express act by the California Consumer through a check-box, signature, button, or other substantially similar mechanism that the California Consumer must select, sign, or click to give consent.  This mechanism cannot relate to consent for anything other than the Automatic Renewal Offer Terms.
2) Immediately adjacent to the consent mechanism, the Automatic Renewal Offer Terms shall be disclosed.  This disclosure shall contain no additional information and shall be Clear and Conspicuous.

Acknowledgment

c. Fail to provide an email confirmation of the transaction immediately after the contract is made.  The subject line of the email must clearly identify it as a confirmation of the transaction, and the email discloses the Automatic Renewal Offer Terms in a Clear and Conspicuous manner.

Cancellation

d. Fail to provide the following mechanisms for a California Consumer to cancel the Automatic Renewal or Continuous Service:
1) A toll-free telephone number, electronic mail address, a postal address, or other cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described or made available in the acknowledgement in “c” above.
2) In addition, a California Consumer who accepts an Automatic Renewal or Continuous Service contract online shall be allowed to terminate said contract exclusively online, which may include a termination email formatted and provided by Defendant that the California Consumer can send to Defendant without additional information.
3) All cancellations must be effective upon request, subject to validation of the California Consumer making the request.  The provisions in paragraph (d)(l) and (d)(2) shall terminate without any further acts by any party or the Court five (5) years after the Effective Date of Judgment.

Sales Flow and Online Practices

e. Using a web page or other online sales flow for the purchase of goods or services that is materially misleading.
f. Using an online button or hyperlink for obtaining consumers’ payments that is misleading or not clearly named to indicate that payment is being taken.
g. Obtaining payment for goods or services without first giving the consumer a chance to review a summary of the pending order and the opportunity to make changes to the order (such as during the shopping flow, through a separate mechanism prior to the completion of the order, or other similar means).
h. Completing and processing the order other than through express affirmative language (e.g., a “place order” or “process order” button) in compliance with paragraph 4.f.

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4. Who is an Eligible Recipient under the Stipulated Final Judgment?

Answer:

You are an Eligible Recipient that can participate in this Judgment if (a) you are a California Consumer (an individual consumer with a California billing zip code) who enrolled in a paid subscription with efax.com, MyFax.com and/or metrofax.com at any time between April 2012 and November 2016, (b) were charged for at least one automatically-renewed cycle, without sending or receiving a fax using efax.com, MyFax.com and/or metroFax.com and (c) have not previously received a refund for payment for eFax.com, MyFax.com and/or metroFax.com services.

If you were mailed or emailed a notice you are part of the stipulated final judgment and can receive a monetary benefit under the stipulated final judgment by submitting a Claim Form.

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5. What Can I Get under the Stipulated Final Judgment?

Answer:

j2 Global, Inc. is making available $585,000 total in cash to fund restitution claims for Eligible Recipients.  If you are an Eligible Recipient and you submit a valid Claim Form by Wednesday, August 7, 2019, you can be eligible to receive a cash refund equal to the amount of the paid but unreimbursed subscription with efax.com, MyFax.com and/or metrofax.com.

If the total amount of valid cash claims by all Eligible Recipients exceeds the total amount of the fund, the per-person payment will be reduced pro rata so the $585,000 fund is shared proportionately by the final list of Payees.

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6. How Do I Get Money under the Stipulated Final Judgment?

Answer:

To receive a refund pursuant to the stipulated final judgment, you must complete and submit a valid Claim Form by Wednesday, August 7, 2019, online here or by mailing your Claim Form to j2 Global, Inc. Judgment, c/o Claims Administrator, P.O. Box 58700 Philadelphia, PA 19102-8700 by no later than August 7, 2019.

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7. If I Submit a Claim Form, When Will I Receive My Money?

Answer:

This process will take some time.  Please be patient.  All Claim Forms must be reviewed for validity and potential claimants with deficient Claim Forms will be given an opportunity to cure any defects.  When all claims have been validated and approved to receive payment under the terms of the stipulated final judgment, a Final List of Payees will be generated.  Class Members who submitted a valid Claim Form will be issued checks.

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8. What if I Do Nothing?

Answer:

If you do nothing, you will not receive a refund and you will give up your right to sue j2 Global, Inc. and related persons for any potential claims related to the Automatic Renewal or Continuous Service of your paid subscription(s) with efax.com, MyFax.com and/or metrofax.com at any time between April 2012 and November 2016 without your use after the trial period.

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9. How are My Legal Rights Affected by This Stipulated Final Judgment?

Answer:

The refund benefits available to you in this Judgment are compensation for you as a California Consumer with paid subscription(s) (without refund) for efax.com, MyFax.com and/or metrofax.com at any time between April 2012 and November 2016 that were automatically renewed or service continued for an additional term or terms without your use after the trial period.  In exchange for these benefits, you will be releasing any claims you might have regarding your continued enrollment in one of the plans.  When claims are “released,” it means that you cannot sue Defendant, or related persons or entities based on the facts or legal theories that are involved in or related to this lawsuit.

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10. Where Can I Find More Information?

Answer:

The Notice and this website summarize the stipulated final judgment.  This Website contains answers to frequently asked questions about the Judgment, and copies of all pertinent Court documents in the Documents section, including the stipulated final judgment.

You may also contact the Claims Administrator through this Website at the Contact Page, or by calling 1-844-271-4784.

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11. Is Anyone Representing My Interests in This Case?

Answer:

Plaintiff in the case, the People of the State of California, are represented by Jackie Lacey, District Attorney of Los Angeles County; Summer S. Stephan, District Attorney of San Diego County; Jeffrey F. Rosen, District Attorney of Santa Clara County; Jeffrey S. Rosell, District Attorney of Santa Cruz County; and Lane H. Dilg, City Attorney of Santa Monica.

You can also retain your own individual attorney.

Do not contact Defendant j2 Global, Inc. directly about the stipulated final judgment.

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12. How Will the Lawyers and Costs Be Paid?

Answer:

According to the stipulated final judgment, j2 Global, Inc. agreed to pay the following amounts:

Administrative Costs:                                                            $125,000

($25,000 each to the Office of the District Attorney of Los Angeles County, the Office of District Attorney of San Diego County, the Office of District Attorney of Santa Clara County, the Office of District Attorney of Santa Cruz County, and the Santa Monica City Attorney’s Office)

Restitution

$585,000

Claims Administration

$50,000

Civil Penalties

$440,000

TOTAL

$1,200,000


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This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator. This is the only authorized website for this case.

For more information please call 1-844-271-4787

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

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Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Claim Form Deadline

    Saturday, August 17, 2019

    You must submit your Claim Form online no later than Wednesday, August 17, 2019, or mail your completed paper Claim Form so that it is postmarked no later than August 17, 2019.

Important Documents

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