Jordan Kissel v. Code42 Software, Inc., et al.
Kissel Settlement Administrator
8:15-cv-01936

Frequently Asked Questions

 

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  • You or someone in your family may have purchased an automatically renewing service from Code42 between November 19, 2011 and November 19, 2015, inclusive. 

    The Court sent you a notice because you had a right to know about a proposed settlement of a class action lawsuit, and about all of your options, before the Court decided whether to approve the settlement.  The Court approved it, objections and appeals were resolved, and the settlement administrator appointed by the Court made the payments that the settlement allowed.

    The Class Notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

    The Court in charge of the case is the United States District Court for the Central District of California, and the case is known as Jordan Kissel v. Code42 Software, Inc., et al., Case No. 8:15-cv-01936.  The person who sued is called the Plaintiff, and the company she sued is called the Defendant.

  • The lawsuit claimed that Code42 did not comply with a California law that requires companies selling automatically renewing services to provide certain information to consumers.  Specifically, Plaintiff alleges that Code42 failed to present its automatic renewal offer terms and/or continuous service offer terms “clearly and conspicuously” and in “visual proximity” “to the request for consent to the offer” in violation of California’s Business & Professions Code § 17602(a)(1).  Plaintiff similarly alleges Code42 failed to obtain Plaintiff’s and the Class’s affirmative consent before the subscription was fulfilled in violation of Business & Professions Code §§ 17602(a)(1) and 17603, and failed to provide an acknowledgment with the automatic renewal offer terms and information regarding Defendant’s cancellation policy in violation of Business & Professions Code §§ 17602(a)(3) and 17602(b)(2).  Code42 denied that it did anything wrong.

  • In a class action, one or more people called Class Representatives (in this case Jordan Kissel) sue on behalf of people who have similar claims.  All these people are a Class or Class Members.  One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.  U.S. District Judge Josephine L. Staton is in charge of this class action.

  • The Court did not decide in favor of Plaintiff or Defendant. The Plaintiff thinks she could have won at trial and obtained a greater recovery. The Defendant thinks the Plaintiff would not have won anything from a trial. But there was no trial.  Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the settlement is best for all Class Members. 

  • To see if you will get money from this settlement, you first have to decide if you are a Class Member. Judge Staton decided that everyone who fits this description is a Class Member:

    All consumers within the State of California who purchased any product or service from Code42 as part of an “Automatic Renewal” or “Continuous Service” plan or arrangement between November 19, 2011 and November 19, 2015, inclusive, and who were subsequently charged by and paid Code42 one or more fees for the renewal of the product or service beyond the original term.

  • You are not a Class Member if you are an officer or director of Code42, a member of an immediate family of an officer or director of Code42, or one of their legal representatives, heirs, successors or assigns, or any entity in which they have or have had a controlling interest.

  • If you are still not sure whether you are included, you can ask for free help.  You can call 1-844-859-6770, or review the Settlement Agreement on this website for more information. You may also contact the lawyers for the Class at (949) 706-6464.

  • Code42 has agreed to create a $400,000 fund to pay Class Members, as well as the fees and costs of the attorneys representing the Class and the expenses of settlement administration. 

    In addition, in November 2015 Code42 modified the information that it provides to California consumers about its automatically renewing services.  Code42 has agreed to continue to provide this information, either in the form that Code42 has used since November 2015, or in some other form that complies with California law, for automatically renewing services that it offers to California consumers.

  • Your share of the fund was estimated to be approximately $7.00 - $7.50, but the final amount was $8.34.  Here’s how it works:

    There are approximately 32,200 Class Members.  After a payment to Class Counsel (which the Court approved) and the expenses of settlement administration are deducted from the settlement fund, the remainder was divided equally among all Class Members (except for those who exclude themselves from the settlement). Class counsel asked the Court to approve payment from the settlement fund of up to $100,000 for attorneys’ fees and expenses and payment of $2,500 to Jordan Kissel for her services as Class Representative.  The fees paid Class Counsel for investigating the facts, litigating the case, and negotiating the settlement.  The Court awarded $100,000 to Class Counsel and $1,000 to Jordan Kissel.  The costs of settlement administration were also paid from the settlement fund.

    All papers filed in this action, including the fee application by Class Counsel, are available for review via the Public Access to Court Electronic Resources System (PACER), available online at http://www.pacer.gov. Copies of the application for fees and costs can also be viewed in person at the Courthouse.

  • If you are a Class Member and received a notice by email, a payment was made to you automatically after the Court approved the settlement.  If you received a notice by email, you did not have to submit a claim form in order to receive a payment.  If, however, you did not receive a notice by email, you were required submit a Claim Form to receive a payment. 

  • The Court held a hearing on February 9, 2018 at 2:30 p.m., to decide whether to approve the settlement.  Judge Staton approved the settlement, and there were no appeals.  Payments were issued to Class Members on May 18, 2018.

  • Unless you excluded yourself, you stayed in the class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Code42 about the legal issues in this case.  It also means that all of the Court’s orders apply to you and legally bind you.

  • The deadline to exclude yourself from the Settlement was December 18, 2017 and has passed.

  • No.  Unless you excluded yourself, you gave up any right to sue Code42 for the claims that this settlement resolves.  If you have a pending lawsuit speak to your lawyer in that case immediately.  You must have excluded yourself from this Class to continue your own lawsuit.  The exclusion deadline was December 18, 2017. For Postcard Notice recipients, the exclusion deadline was December 26, 2017.

  • No.  If you excluded yourself, you did not receive a payment from the settlement of this lawsuit.  But, you may sue, continue to sue, or be part of a different lawsuit against Code42. 

  • The Court approved the request of the law firm of Pacific Trial Attorneys of Newport Beach, California to represent you and the other Class Members.  These lawyers are called Class Counsel.  These lawyers were paid from the settlement fund; you will not otherwise be charged for these lawyers.  If you wanted to be represented by your own lawyer, you could have hired one at your own expense.

  • Class counsel asked the Court to approve payment from the settlement fund of $100,000 for attorneys’ fees and expenses and payment of $2,500 to Jordan Kissel for her services as Class Representative.  The fees paid Class Counsel for investigating the facts, litigating the case, and negotiating the settlement.  The Court awarded $100,000 to Class Counsel and $1,000 to Jordan Kissel.  Code42 agreed not to oppose these fees and expenses.  The costs of settlement administration were also paid from the settlement fund.  All papers filed in this action, including the fee application by Class Counsel, are available for review via the Public Access to Court Electronic Resources System (PACER), available online at http://www.pacer.gov.

  • The deadline to object to the Settlement was December 18, 2017 and has passed.

  • Objecting is simply telling the Court that you don’t like something about certification of the class or about the settlement.  You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

  • The Court held a Fairness Hearing at 2:30 p.m. on February 9, 2018, at:

     

    United States District Court for the Central District of California
    411 West Fourth Street
    Santa Ana, California 92701
    Courtroom 10A, 10th Floor

     

    You may have attended and asked to speak, but you did not have to.  At this hearing the Court considered whether the settlement was fair, reasonable, and adequate.  If there were objections, the Court considered them.  Judge Staton listened to people who may have asked to speak at the hearing.  The Court also decided how much to pay Class Counsel.  After the hearing, the Court decided to approve the settlement.

  • No.  Class Counsel answered any questions Judge Staton had.

  • You could have asked the Court for permission to speak at the Fairness Hearing, but the deadline has passed.

  • If you did nothing and you received a notice by email, a payment was sent to you on May 18, 2018.

  • This notice summarizes the settlement.  More details are in a Settlement Agreement.  You can get a copy of the Settlement Agreement, more information about the settlement, and information about the current status of the court proceedings by visiting the Important Documents page or by writing to: 

    Class Counsel Settlement Administrator

    Scott Ferrell
    Pacific Trial Attorneys
    4100 Newport Place Dr., Suite 800
    Newport Beach, CA 92660

    Kissel Settlement Administrator
    c/o JND Legal Administration
    P.O. Box 6878
    Broomfield, CO 80021
    Phone: 1-844-859-6770

     

    Additionally, all papers filed in this action are also available for review via the Public Access to Court Electronic Resources System (PACER), available online at http://www.pacer.gov. 
     
    Please do not contact the Court, the judge, or the Defendant Code42 with questions about the settlement. 

For More Information

Visit this website often to get the most up-to-date information.

Mail

Kissel Settlement Administrator
c/o JND Legal Administration
P.O. Box 6878
Broomfield, CO 80021