San Diego County Superior Court | Case No. 37-2019-00066655-CU-BT-CTL
|IF YOU PURCHASED SOFTWARE OR ANOTHER PRODUCT FROM BITDEFENDER INC., BITDEFENDER S.R.L, AVANGATE, INC., OR AVANGATE B.V. IN RESPONSE TO AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER, YOU MAY BE ENTITLED TO MONEY|
|What is the Litigation about?|
|Defendants Bitdefender Inc. (“Bitdefender”), Avangate, Inc. d/b/a 2Checkout.com (“Avangate”), and their respective parent, subsidiary, or affiliated entities (“Defendants”), market and sell computer- or Internet-related software or products. The Lawsuit alleges that Defendants enrolled certain California consumers in automatic renewal or continuous service programs, and posted charges to the consumers’ credit card, debit card, or third party payment accounts, without first presenting the consumers with all of the automatic renewal offer terms in a clear and conspicuous manner as required by law. The Lawsuit alleges that Defendants have violated the California Automatic Renewal Law, Cal. Bus. & Prof. Code § 17600 et seq., and certain other provisions of California consumer protection law|
|Am I a Class Member?|
|The Lawsuit is brought on behalf of a class defined as follows:|
|All individuals in California who, between December 16, 2015 and September 16, 2020, purchased software or another product from Defendants and to whom Defendants made an automatic renewal offer or continuous service offer. Excluded from the Class are all employees of Defendants, all employees of Plaintiff’s counsel, and the judicial officers to whom this case is assigned.|
|What relief does the Settlement provide?|
|Defendants have agreed to pay the principal Settlement Amount of Nine Hundred Twenty-Five Thousand Dollars ($925,000.00). If the Court grants final approval of the Settlement, each Participating Class Member will receive a pro-rata share of the Net Settlement Amount. The “Net Settlement Amount” is the Settlement Amount reduced by any sums awarded by the Court for attorneys’ fees, litigation expenses, any class representative service payment, and expenses of settlement administration. The Settlement also provides for injunctive relief.|
|What are my options?|
|FILE A CLAIM BY APRIL 19, 2021||
To potentially qualify for a monetary payment and participate in the
Settlement, you must submit a timely Claim on or before APRIL 19, 2021,
which must be validated by the Settlement Administrator.
You may submit a Claim by clicking here
If you miss this deadline, you will not receive any money under the Settlement, but you will be bound by the other terms of the Settlement if you do not request exclusion from the Settlement.
|DO NOTHING||If you do nothing, you will not be a Participating Class Member and you will not qualify to receive a monetary payment, but you will be bound by the release in the Settlement Agreement.|
|REQUEST TO BE EXCLUDED BY APRIL 19, 2021||
Any Class Member who wishes to be excluded from the Settlement must
complete and return a request for exclusion via U.S. Mail, email, or personal
delivery by APRIL 19, 2021 and that request for exclusion must be validated
by the Settlement Administrator.
For more information on excluding yourself from the Settlement, please read the Long Form Notice, by clicking here.
|FILE A WRITTEN OBJECTION TO THE SETTLEMENT BY APRIL 19, 2021||
Any Class Member who wishes to object to the Settlement may do so either
orally or in writing. Any written objection must be filed with the Court and
served on Class Counsel, Defendant’s counsel, and the Settlement
Administrator no later than APRIL 19, 2021. Alternatively, any Class Member
may present an objection to the Court orally at the final approval hearing.
For more information on objecting to the Settlements please read the Long Form Notice, by clicking here.