Kirby v. McAfee

Case # 14-cv-02475
Case Name Kirby v. McAfee
Jurisdiction US District Court for N.D. CA
Summary

Plaintiffs allege that Defendant, McAfee, improperly auto-renewed consumer subscriptions without their affirmative consent.  They also changed rates on these auto-renewals, charging consumers more than the rates they were originally charged for their subscriptions.

Final Approval Date ongoing
Result
  1. Case is ongoing.
  2. Final Approval Hearing set for January 26, 2017.
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
Class Action Complaint.pdf
Preliminary Approval Order.pdf
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Objection of Joshua D. Holyoak

Objectors Joshua D. Holyoak
Signers Eric M. Lightman
Attorneys Eric M. Lightman
Anna St. John
Summary
  1. Claims process is designed to drive down cash payments.
    • Payments should be sent directly to consumers whose contact information is known.
  2. Vouchers available to other consumers should be considered coupons and will also suffer from a low redemption rate.
  3. Injunctive relief is overvalued.
  4. Attorneys' fees are excessive, when compared to potential recovery by the class.
  5. "Clear sailing" provisions are improper.
  6. "Kicker" clause is improper.
  7. Class representatives, by receiving an incentive award, are inadequate.
Attachments Objection of Joshua D. Holyoak.pdf
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