COURT ORDERED NOTICE OF CLASS ACTION
If you are or have been a subscriber to the services of MyFamily.com or Ancestry.com with an annual subscription billed on a monthly basis, a pending class action lawsuit may affect your rights.
In the United States District Court for the District of Utah (the "Court"), a Class action lawsuit is now pending as RAMER v. MYFAMILY.COM, INC., D. Utah No. 2:05CV359 DB. This notice affects you if you fit within the following Class description: All persons who at any time prior to November 3, 2005, entered into one or more annual subscription agreements with MyFamily.com, Inc. through its Ancestry.com website payable in monthly installments.
This Court-ordered notice is to inform you that the Class has been certified for settlement purposes, that you may be a member of the Class, and that a settlement agreement, which has been preliminarily approved by the Court, (the terms of which are described briefly below) has been reached between MyFamily.com, Inc. and Ancestry.com (the "Defendants") and the Class representatives. This notice is also sent to inform you of the various steps you can take to participate in this settlement, object to its terms or to remove yourself from the Class. If you fit the profile above and do nothing, you will remain in the Class and your rights will be determined by any judgment entered in the case.
In this action, the Plaintiffs allege that the Defendants violated the Truth in Lending Act, 15 U.S.C. Â§ 1638(a), by failing to properly disclose the finance costs associated with their annual subscriptions that were paid for on a monthly basis. Specifically, the Plaintiffs allege that the Defendants failed to disclose the difference between the amount that the subscribers would pay for such a subscription when paid with a one-time payment and when paid in monthly installments.
The Defendants deny all claims and wrongdoing asserted in this action and any liability arising out of the conduct alleged therein, and assert certain defenses to the claims made in this action.
The Court has not ruled on the merits of Plaintiffs' claims or the Defendants' positions. A trial date has not yet been set. There is no assurance that a judgment in favor of the Class will be granted or, if one is, that you would be entitled to any monetary or other benefit.
Subject to the final approval of the Court, the Plaintiffs and the Defendants have reached an agreement to settle the claims brought in this action. The Settlement provides, among other benefits, that each member of the Class will be given access to all of the Defendants' subscription databases for 31 days at no charge.
If you are a member of the Class, your rights will be affected if the Settlement is approved by the Court. You have a number of options in how to proceed, including objecting to the settlement or excluding yourself from the Class.
This notice is only a summary of the issues in the case. For a fuller explanation of the litigation, the terms of the proposed settlement, and your rights and options relative thereto, you may visit the Defendants' website.
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PLEASE DO NOT CONTACT THE COURT OR THE CLERK OF THE COURT. By order of the United States District Court for the District of Utah. November 7, 2005.