It's been just over a month since Judge Cote okayed the settlement agreement between Apple and the DOJ over Apple's role in the 2010 conspiracy to raise and fix ebook prices, and the first legal notices are starting to go out to consumers affected by the settlement.
Amazon sent out an email to Kindle customers early this morning. I got a copy, and it is quoted below. It's quite long, and if you haven't been following this topic closely it is worth a read. The letter is a legal notice that details a consumer's rights under the settlement, as well as how and when consumers might receive a share of the settlement.
That settlement could range anywhere from $70 million to as much as $450 million, but that will only happen if Apple loses their appeal. Should Apple win the appeal and the case be remanded back to Judge Cote’s court, Apple would only have to pay a total of $70 million (according to the terms of the settlement, which were announced in July). And of course should Apple win their appeal outright, they will have to pay nothing.
Dear Kindle Customer,
We previously emailed you about Settlements between several eBook publishers, State Attorneys General and private plaintiffs. On March 25, 2014, Amazon made credits from the proceeds of those publishers’ Settlements available to eligible customers. You can learn more about those publishers’ Settlements by clicking here.
The Attorneys General and private plaintiffs have now settled similar claims against Apple Inc. The court where those claims are pending has directed us to send the following legal notice to you to advise you of your rights in the Apple Settlement. If you have any questions about this notice, or your legal rights, please visit the E-book Lawsuits website or call the phone number listed at the end of this notice. Amazon’s customer service will not be able to answer questions about your legal rights in the Apple Settlement.
Thanks for being a Kindle customer.
Notice ID Number:
Benefits from E-books Settlement with Apple
Para una notificación en Español, llamar o visitar nuestro website.
Records indicate that you are 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”). Amazon 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 District 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 credit can be used for the purchase of products or services sold by Amazon. The amount of your payment, if any, will be determined based on the qualifying E-book purchases identified by Amazon in your customer account.
How to Receive your Benefit
If Apple is required to make a payment to Eligible Consumers, you do not need to do anything to receive your credit unless you change your email address. (If you do change your email address, you should update your Amazon profile or visit www.EbookLawsuits.com and click on the “Update Your Contact Information” link.) Because you are pre-qualified, your credit will be applied to your account by Amazon automatically, and you will receive another email letting you know when it’s available. 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 will 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 2:00 p.m. to consider whether to approve the Apple 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.
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