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Is Google Plus Data Litigation Settlement Class Action Lawsuit a Scam?

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Aug. 4, 2020 2020-08-04T15:39:14-05:00
Aug. 5, 2020 2020-08-05T09:47:59-05:00
Online Threat Alerts (OTA)

The Google Plus litigation is not a scam. If you have received an email from google-noreply@google.com regarding the 'Notice of Class Action Settlement re Google Plus,' it is because Google’s records indicate that you may be a Settlement Class Member, and you may be eligible to receive a payment from the Settlement. Google operated the 'Google Plus' or Google+ social media platform for consumers from June 2011 to April 2019. In 2018, Google announced that the Google+ platform had experienced software bugs between 2015 and 2018, which allowed app developers to access certain Google+ profile field information in an unintended manner. Plaintiffs Matthew Matic, Zak Harris, Charles Olson, and Eileen M. Pinkowski thereafter filed this lawsuit asserting various legal claims on behalf of a putative class of Google+ users who were allegedly harmed by the software bugs (“Class”). Google denies the Plaintiffs’ allegations, denies any wrongdoing and any liability whatsoever, and believes that no Class Members, including the Plaintiffs, have sustained any damages or injuries due to the software bugs.

Summary of Settlement Terms

Settlement Fund: Under the Settlement, Google will pay $7.5 million which will be used to fund: (1) Class Member Settlement payments; (2) attorneys’ fees not to exceed 25% of the Settlement Fund and costs and expenses not to exceed $200,000.00; (3) four service awards to the Class Representatives in an amount not to exceed $1,500 each for their services on behalf of the Settlement Class and for a general release of all claims they may have against Google; (4) administration fees and costs; and, if necessary, (5) cy pres distribution of any residual funds. No portion of the Settlement Fund can be returned to Google.

Amount of Payments: Class Members who submit a Valid Claim may receive a pro rata share of the Net Settlement Fund up to a cash payment of $12.00 depending on the number of claimants. Each Class Member can submit only one claim. Any funds remaining in the Net Settlement Fund after distribution(s) to Class Members will be distributed to Cy Pres Recipients that have been selected by a neutral third party and approved by the Court.

Method of Payment: The payments above for Class Members who submit a Valid Claim will be made by Electronic Payment (Paypal or Digital Check).

Your Options Under the Settlement

Option 1 - Submit a Claim Form to Be Eligible for a Cash Payment

If you submit a Valid Claim by October 8, 2020, you may receive a payment. You will also give up your rights to sue Google and/or any other released entities regarding the legal claims in this case.

Option 2 - Opt Out of the Settlement

This is the only option that allows you to sue Google and/or other released parties on your own regarding the legal claims in this case. You will not receive a payment from the Settlement. The deadline for excluding yourself is October 8, 2020.

Option 3 - File an Objection with the Court

Write to the Settlement Administrator about why you do not like the Settlement. The deadline for objecting is October 8, 2020. These Objections will be shared with the Court. If you object to the Settlement, you will be bound by the Settlement’s terms and will not be allowed to exclude yourself from the Settlement; you will lose the right to sue Google and/or any other released entities regarding the legal claims in this case.

Option 4 - Do Nothing

If you do nothing, you will not receive any payment. You will be bound by the Settlement’s terms and will lose the right to sue Google and/or any other released entities regarding the legal claims in this case.

Additional Information

How do I know if I am part of the Settlement Class?

The Settlement Class is defined as: “all persons within the United States who (a) had a consumer Google+ account for any period of time between January 1, 2015 and April 2, 2019, and (2) had their non-public Profile Information exposed as a result of the software bugs Google announced on October 8, 2018 and December 10, 2018. Excluded from the Settlement Class are (a) Google and its officers, directors, employees, subsidiaries, and Google Affiliates; (b) all judges and their staffs assigned to this case and any members of their immediate families; (c) the Parties’ counsel in this litigation; and (d) any Excluded Class Member.”

What are the terms of the Settlement?

Under the Settlement, Google has agreed to create a Settlement Fund of $7,500,000.

This Settlement Fund will provide compensation to Settlement Class Members, pay for notice and administration costs, provide for any approved Service Awards to the Class Representatives who filed the case, and compensate the attorneys for any approved fee, cost, and expense awards. If the Settlement is finally approved, Settlement Class Members will be prevented from bringing any further claims against Google for any conduct relating to the software bugs affecting Google+ profile fields.

How will the Settlement Fund be distributed?

The lawyers for the Settlement Class (“Class Counsel”) will ask the Court to approve the following payments from the Settlement Fund:

The costs of providing notice and administration of the Settlement;
Service Awards to each of the Class Representatives, not to exceed $1,500 each, as compensation for their active participation in the case on behalf of the Settlement Class;
Class Counsel’s compensation for the time and effort incurred litigating the case, which will not exceed 25% of the Settlement Fund, and costs and expenses they incurred not to exceed $200,000.00;
Payments to Settlement Class Members who file timely and Valid Claim Forms according to the Plan of Allocation outlined below; and
Any residual funds remaining after payments to Settlement Class Members will be distributed to Approved Cy Pres Recipients as approved and directed by the Court.

More information regarding the Settlement, including the Settlement Agreement, can be found at the Settlement Website, www.GooglePlusDataLitigation.com.

How can I get a Settlement Payment?

If you are a Settlement Class Member and would like to receive a Settlement Payment, you must submit a Claim Form no later than October 8, 2020.

You may complete the Claim Form online at www.GooglePlusDataLitigation.com, or you may mail your Claim Form to the following address:

Google Plus Data Litigation, 1650 Arch Street, Suite 2210, Philadelphia, PA, 19103

If you do not file a Claim Form, you will not receive a payment. Note that for each Valid Claim, the payment method will be the Electronic Payment method specified on the Claimant’s Claim Form.

How much will I receive from the Settlement?

The Plan of Allocation provides for Settlement Payments to Claimants as follows: The Net Settlement Fund shall be allocated to Claimants on a pro rata basis up to an initial maximum distribution of US$5.00 per Claimant. If there are insufficient funds to pay claimants $5.00 based on the number of claimants, the payment to each claimant will be reduced pro ratably. If sufficient funds remain after calculation of the aggregate initial maximum distribution of US$5.00 per Claimant, the allocation shall be recalculated on a pro rata basis up to a maximum distribution of up to US$12.00 per Claimant. For clarity, the maximum Settlement Payment to be made to any single Claimant shall not exceed US$12.00.

How do I get out of the Settlement?

If you do not want to be part of the Settlement, you must submit an Opt-Out Form no later than October 8, 2020. You may obtain the Opt-Out Form at www.GooglePlusDataLitigation.com. Your completed Opt-Out Form may be submitted via e-mail to Info@GooglePlusDataLitigation.com, or via postal mail to the following address: Google Plus Data Litigation, Attn: Opt-Out Requests, P.O. Box 58220, Philadelphia, PA, 19102. If you opt-out of the Settlement, you will not be bound by the Settlement Agreement, you will not receive a Settlement Payment, and you will not be allowed to object to the Settlement.

Do I have a lawyer in this case?

Yes. The Court has appointed Class Counsel to represent you and other Settlement Class Members. In this case, Class Counsel are John A. Yanchunis and Ryan J. McGee of the law firm Morgan & Morgan Complex Litigation Group; Clayeo C. Arnold and Joshua H. Watson of the law firm Clayeo C. Arnold Professional Law Corporation; and Franklin D. Azar and Margeaux R. Azar of the law firm Franklin D. Azar & Associates, P.C. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.

How will the lawyers be paid?

The attorneys representing the Settlement Class have not yet received any payment for their legal services or any reimbursement of the costs or out-of-pocket expenses they have incurred. Class Counsel plans to ask the Court to award attorneys’ fees from the Settlement Fund not to exceed $1,875,000 which is 25% of the Settlement Fund, and reimbursement of costs and expenses in the approximate amount of $200,000.

How do I object to the Settlement?

If you are a Settlement Class Member and do not opt out of the Settlement Class, you may object to any aspect of the Settlement. This includes commenting on the applications for Class Representative Service Awards or the award of attorneys’ fees, costs, and expenses.

Your completed Objection must be submitted no later than October 8, 2020 online at www.GooglePlusDataLitigation.com, or via postal mail to the following address:

Google Plus Data Litigation, Attn: Settlement Objections, P.O. Box 58220, Philadelphia, PA, 19102.

Any Objection must be in writing and must:

Clearly identify the case name and number, In re Google Plus Profile Litigation, Case No. 5:18-cv-06164-EJD;
Include the full name, address, telephone number, and email address of the person objecting;
Include the full name, address, telephone number, and email address of the Objector's counsel (if the Objector is represented by counsel);
State whether the objection applies only to the objector, to a specific subset of the Class, or to the entire Class, and also state with specificity the grounds for the Objection; and
Be verified by an accompanying declaration submitted under penalty of perjury or a sworn affidavit.

Settlement Class Members who fail to submit timely written Objections in the manner specified above will waive their right to object to any aspect of the Settlement.

Do I need to attend the Final Fairness Hearing?

No. Class Counsel will answer any questions the Court may have. However, any Settlement Class Member who timely submits an Objection has the option to appear and request to be heard at the Final Fairness Hearing, either in person or through their counsel. If you choose to make an Objection through an attorney or have an attorney appear at the Final Fairness Hearing on your behalf, you will be solely responsible for paying that attorney’s fees.

How can I get more information?

This Notice summarizes the Settlement. It does not describe all of its details. For the precise terms and conditions of the Settlement, please see the Settlement Agreement and related documents. Additional information about the Settlement, including a copy of the Settlement Agreement, may be obtained by:

Visiting the Settlement Website at www.GooglePlusDataLitigation.com;
Contacting the Settlement Administrator toll-free by phone at 1-833-509-1101 or by email at Info@GooglePlusDataLitigation.com;
Accessing the Court docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at ecf.cand.uscourts.gov; or
Visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 280 South 1st Street, 2nd Floor, San Jose, CA 95113, between 9:00 am and 4:00 pm, Monday through Friday, excluding Court holidays.

Please do not telephone the Court or the Court Clerk’s Office to inquire about the Settlement.

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Pay the safest way

Credit cards are the safest way to pay for online purchases because you can dispute the charges if you never get the goods or services or if the offer was misrepresented. Federal law limits your liability to $50 if someone makes unauthorized charges to your account, and most credit card issuers will remove them completely if you report the problem promptly.

Guard your personal information

In any transaction you conduct, make sure to check with your state or local consumer protection agency and the Better Business Bureau (BBB) to see if the seller, charity, company, or organization is credible. Be especially wary if the entity is unfamiliar to you. Always call the number found on a website’s contact information to make sure the number legitimately belongs to the entity you are dealing with.

Be careful of the information you share

Never give out your codes, passwords or personal information, unless you are sure of who you're dealing with

Know who you’re dealing with

Crooks pretending to be from companies you do business with may call or send an email, claiming they need to verify your personal information. Don’t provide your credit card or bank account number unless you are actually paying for something and know who you are sending payment to. Your social security number should not be necessary unless you are applying for credit. Be especially suspicious if someone claiming to be from a company with whom you have an account asks for information that the business already has.

Check your accounts

Regularly check your account transactions and report any suspicious or unauthorised transactions.

Don’t believe promises of easy money

If someone claims that you can earn money with little or no work, get a loan or credit card even if you have bad credit, or make money on an investment with little or no risk, it’s probably a scam. Oftentimes, offers that seem too good to be true, actually are too good to be true.

Do not open email from people you don’t know

If you are unsure whether an email you received is legitimate, try contacting the sender directly via other means. Do not click on any links in an email unless you are sure it is safe.

Think before you click

If an email or text message looks suspicious, don’t open any attachments or click on the links.

Verify urgent requests or unsolicited emails, messages or phone calls before you respond

If you receive a message or a phone call asking for immediate action and don't know the sender, it could be a phishing message.

Be careful with links and new website addresses

Malicious website addresses may appear almost identical to legitimate sites. Scammers often use a slight variation in spelling or logo to lure you. Malicious links can also come from friends whose email has unknowingly been compromised, so be careful.

Secure your personal information

Before providing any personal information, such as your date of birth, Social Security number, account numbers, and passwords, be sure the website is secure.

Stay informed on the latest cyber threats

Keep yourself up to date on current scams by visiting this website daily.

Use Strong Passwords

Strong passwords are critical to online security.

Keep your software up to date and maintain preventative software programs

Keep all of your software applications up to date on your computers and mobile devices. Install software that provides antivirus, firewall, and email filter services.

Update the operating systems on your electronic devices

Make sure your operating systems (OSs) and applications are up to date on all of your electronic devices. Older and unpatched versions of OSs and software are the target of many hacks. Read the CISA security tip on Understanding Patches and Software Updates for more information.

What if You Got Scammed?

Stop Contact With The Scammer

Hang up the phone. Do not reply to emails, messages, or letters that the scammer sends. Do not make any more payments to the scammer. Beware of additional scammers who may contact you claiming they can help you get your lost money back.

Secure Your Finances

Report potentially compromised bank account, credit or debit card information to your financial institution(s) immediately. They may be able to cancel or reverse fraudulent transactions.
Notify the three major credit bureaus. They can add a fraud alert to warn potential credit grantors that you may be a victim of identity theft. You may also want to consider placing a free security freeze on your credit report. Doing so prevents lenders and others from accessing your credit report entirely, which will prevent them from extending credit:
- Equifax
  - www.equifax.com
  - (800)-525-6285
- Experian
  - www.experian.com
  - (888) 397-3742
- TransUnion
  - fraud.transunion.com
  - (800) 680 -7289

Check Your Computer

If your computer was accessed or otherwise affected by a scam, check to make sure that your anti-virus is up-to-date and running and that your system is free of malware and keylogging software. You may also need to seek the help of a computer repair company. Consider utilizing the Better Business Bureau’s website to find a reputable company.

Change Your Account Passwords

Update your bank, credit card, social media, and email account passwords to try to limit further unauthorized access. Make sure to choose strong passwords when changing account passwords.

Report The Scam

Reporting helps protect others. While agencies can’t always track down perpetrators of crimes against scammers, they can utilize the information gathered to record patterns of abuse which may lead to action being taken against a company or industry.

Report your issue to the following agencies based on the nature of the scam:

Local Law Enforcement: Consumers are encouraged to report scams to their local police department or sheriff’s office, especially if you lost money or property or had your identity compromised.
Federal Trade Commission: Contact the Federal Trade Commission (FTC) at 1-877-FTC-HELP (1-877-382-4357) or use the Online Complaint Assistant to report various types of fraud, including counterfeit checks, lottery or sweepstakes scams, and more.
Identitytheft.gov: If someone is using your personal information, like your Social Security, credit card, or bank account number, to open new accounts, make purchases, or get a tax refund, report it at www.identitytheft.gov. This federal government site will also help you create your Identity Theft Report and a personal recovery plan based on your situation. Questions can be directed to 877-ID THEFT.

How To Recognize a Phishing Scam

Scammers use email or text messages to try to steal your passwords, account numbers, or Social Security numbers. If they get that information, they could get access to your email, bank, or other accounts. Or they could sell your information to other scammers. Scammers launch thousands of phishing attacks like these every day — and they’re often successful.

Scammers often update their tactics to keep up with the latest news or trends, but here are some common tactics used in phishing emails or text messages:

Phishing emails and text messages often tell a story to trick you into clicking on a link or opening an attachment. You might get an unexpected email or text message that looks like it’s from a company you know or trust, like a bank or a credit card or utility company. Or maybe it’s from an online payment website or app. The message could be from a scammer, who might

say they’ve noticed some suspicious activity or log-in attempts — they haven’t
claim there’s a problem with your account or your payment information — there isn’t
say you need to confirm some personal or financial information — you don’t
include an invoice you don’t recognize — it’s fake
want you to click on a link to make a payment — but the link has malware
say you’re eligible to register for a government refund — it’s a scam
offer a coupon for free stuff — it’s not real

About Online Threat Alerts (OTA)

Online Threat Alerts or OTA is an anti-cybercrime community that started in 2012. OTA alerts the public to cyber crimes and other web threats.

By alerting the public, we have prevented a lot of online users from getting scammed or becoming victims of cybercrimes.

With the ever-increasing number of people going online, it important to have a community like OTA that continuously alerts or protects those same people from cyber-criminals, scammers and hackers, who are every day finding new ways of carrying out their malicious activities.

Online users can help by reporting suspicious or malicious messages or websites to OTA. And, if they want to determine if a message or website is a threat or scam, they can use OTA's search engine to search for the website or parts of the message for information.

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Is Google Plus Data Litigation Settlement Class Action Lawsuit a Scam?