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They later learned that clicking on "Try It Now" authorized McAfee to transfer their billing information to Arpu, enrolled them in a 30-day free trial of a non-McAfee product called PerfectSpeed (alternatively "Arpu software" or "the software"), and authorized Arpu to charge them a $4.95 monthly subscription fee after the expiration of the free trial period.
#KRAMER FERRINGTON CASE SOFTWARE#
Believing that clicking on "Try It Now" would download the McAfee software they had just purchased, Plaintiffs clicked on the button. After they completed their transactions, but before they downloaded the McAfee product, an Arpu pop-up ad with a button reading "Try It Now" appeared on their computer screens. Named Plaintiffs in this action, Melissa Ferrington and Cheryl Schmidt, purchased McAfee's anti-virus program from the McAfee website on August 18, 2009, and November 30, 2009, respectively. If a customer chose to subscribe to the product or service offered in the Arpu ad, McAfee transmitted the customer's billing information to Arpu for use in the purchase of the Arpu product. These ads were targeted to entice a customer to purchase an Arpu product using the billing information that had been provided to McAfee for the purchase of the McAfee product. Arpu is a company that places online advertisements that enable consumers to purchase products "with a single click, using credit card information already on file." In 2007, Arpu partnered with McAfee to place ads on McAfee's website that would appear after a customer completed a purchase of a McAfee product. McAfee is a provider of computer security software whose products may be purchased and downloaded from the McAfee website. ("Arpu") arising out of a partnership between the two companies. This is a class action against McAfee, Inc. After considering the briefs filed by the parties and the papers filed by the objector, and hearing oral argument on the matter, the Court DENIES final approval of the class settlement, and DENIES Plaintiffs' counsel's motion for attorneys' fees for the reasons discussed below. A fairness hearing on the motions was held on December 15, 2012.
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ORDER DENYING FINAL APPROVAL WITHOUT PREJUDICEīefore the Court is Plaintiffs' motion for final approval of a class action settlement, and Plaintiffs' counsel's motion for attorneys' fees.
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McAfee, Inc., a Delaware corporation, Defendant, represented by Daniel Kirk Slaughter, Stein & Lubin LLP.Īrpu, Inc., Defendant, represented by Scott Robert Raber, Rimon Law Group.
#KRAMER FERRINGTON CASE PRO#
Ramirez, Cohen Milstein Sellers and Toll, PLLC, PRO HAC VICE & Victoria S Nugent,, Cohen Milstein Sellers and Toll PLLC, PRO HAC VICE. Friedman, Cohen Milstein Sellers & Toll PLLC, PRO HAC VICE, Matthew Nimy Metz, Metz Law Group, PLLC, Shirley Huey, Rosen, Bien & Galvan, LLP., Stefanie M. Ramirez, Cohen Milstein Sellers and Toll, PLLC, PRO HAC VICE & Victoria S Nugent,, Cohen Milstein Sellers and Toll PLLC, PRO HAC VICE.Ĭheryl Schmidt, dividually and on behalf of the class they represent, Plaintiff, represented by Gay Crosthwait Grunfeld, Rosen, Bien & Galvan, LLP, Andrew N.
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Melissa Ferrington, individually and on behalf of the class they represent, Plaintiff, represented by Gay Crosthwait Grunfeld, Rosen, Bien & Galvan, LLP, Andrew N.