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This settlement is closed!
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Consumers with Hostway email services may be able to benefit from a recently reached $250,000 settlement that will provide cash payments or vouchers.
The settlement benefits individuals who subscribed to Hostway email services, where their account used Hostway’s shared servers located in Florida that were “blacklisted” from Nov. 1, 2008 to March 31, 2009. Paid users include those who paid for Hostway email services, while unpaid users did not purchase such services.
Legal action against Hostway claimed that the email service provider wrongfully “blacklisted” certain users with email addresses using shared servers in Florida. The blacklisting was allegedly linked to a 2008 data breach where hackers gained access to the plaintiffs’ and other users’ email addresses which they used to send spam.
“In or around November 2008, Defendants’ e-mail servers were hacked by one or more spammers, who sent unauthorized e-mails from e-mail accounts of the Plaintiff and members of the Class,” the Hostway class action lawsuit claims.
“As a result of the hacking and spam activity, Plaintiffs and Class members’ e-mail addresses were blacklisted and their legitimate e-mail transmissions were blocked.”
According to the class action lawsuit, this blacklisting violated Hostway’s own contract terms, along with Florida state law. As a result, the plaintiffs sought compensation for their alleged damages.
Hostway has not admitted any wrongdoing but has agreed to settle the claims against them in a class action settlement of $250,000.
The Hostway email services class action settlement provides two options for compensation: a cash payment or a voucher. Paid users are eligible for either options, while unpaid users are only eligible for a voucher.
The cash payments are $9.95 and will be sent in the mail as a check. The voucher will waive a $15 setup fee for up to five email addresses on one account, if Class Members upgrade an existing Hostway email services to Hostway’s Microsoft 365 Business Basic plan. Upgrading may result in fees such as subscription fees, professional services fees, and more. Vouchers expire within 90 days from the settlement approval date.
In order to benefit from the settlement, Class Members must file a valid claim form by Oct. 5, 2020. Both paid users and unpaid users are required to file a claim form online in order to recover compensation.
The deadline for exclusion and objection is Oct. 5, 2020. The final approval hearing is scheduled for Nov. 6, 2020.
Who’s Eligible
Individuals who subscribed to Hostway email services, where their account used Hostway’s shared servers located in Florida that were “blacklisted” from Nov. 1, 2008 to March 31, 2009. Paid users include those paid for Hostway email services while unpaid users did not pay for such services.
Potential Award
A $9.95 cash payment or $15 setup fee waiver.
The cash payments will be sent in the mail as a check. The voucher will waive a $15 setup fee for up to five email addresses for one account if Class Members upgrade an existing Hostway email services to Hostway’s Microsoft 365 Business Basic plan. Upgrading may result in fees such as subscription fees, professional services fees, and more. Vouchers expire within 90 days from the settlement approval date.
Paid users are eligible for either payment options while unpaid users are only eligible for a voucher.
Proof of Purchase
N/A
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
10/5/2020
Case Name
Golf Clubs Away LLC v. Hostway Corporation, et al., Case No. 09-29596-13, in the Circuit Court for the 17th Judicial Circuit in and for Broward County, Florida
Final Hearing
11/6/2020
Settlement Website
Claims Administrator
Hostway Settlement Administrator
c/o Epiq
P.O. Box 5110
Portland, OR 97208-5110
claims@HostwaySettlement.com
1-855-917-3476
Class Counsel
Mark C. Rifkin
Benjamin Y. Kaufman
Patrick Donovan
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
Adam D. Warden
SAXENA WHITE PA
Defense Counsel
Fredric A. Cohen
CHENG COHEN LLC
Richard S. Davis
FOLEY & LARDNER LLP
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