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Submitted URL: http://email.mg.abdataclassactionmail.com/c/eJyEj81q9CAYha9GNx8E_5KYhYuP0pSUYZhbeKOviYzGoLb08st0UdpVdwcO5_A8T1DxCgnNJRx3dMtB55LTc4IQzY7xJI...
Effective URL: https://go.hammerco.ca/linkedinclassaction/
Submission: On July 11 via manual from PL — Scanned from PL
Effective URL: https://go.hammerco.ca/linkedinclassaction/
Submission: On July 11 via manual from PL — Scanned from PL
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NOTICE OF PROPOSED SETTLEMENT AND SETTLEMENT APPROVAL HEARING A class action settlement has been reached between the parties in Robert Andrew Cronk v. LinkedIn Corporation, SCBC Vancouver Registry No. VLC-S-S-205247. Capitalized terms used herein but not defined have the same meanings as are ascribed to them in the Settlement Agreement. The Supreme Court of British Columbia has certified the class action for the purposes of implementing the proposed settlement. The proposed settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault by the defendant. The settlement is subject to the approval of the Court. The defendant is LinkedIn Corporation. THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS WHAT IS THE PROCEEDING ABOUT? © 2023 Hammerco. All rights reserved DID YOU REGISTER FOR OR USE THE LINKEDIN PLATFORM IN BRITISH COLUMBIA, SASKATCHEWAN, MANITOBA, AND/OR NEWFOUNDLAND AND LABRADOR BETWEEN JULY 1, 2011 AND MAY 22, 2023? The claim alleges that LinkedIn Corporation used the names, portraits, and likenesses of the Plaintiff and the Class Members without their consent in breach of the privacy laws of British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador. The plaintiff sought to recover damages for Class Members for alleged losses as a result of this conduct. LinkedIn Corporation denies all of the allegations. WHO ARE IN THE CLASS AND AFFECTED BY THE SETTLEMENT? The Class consists of “all persons located in British Columbia, Saskatchewan, Manitoba, and Newfoundland and Labrador who were registered users of LinkedIn between July 1, 2011 and May 22, 2023”. The court has appointed Robert Andrew Cronk as a representative on behalf of the Class. Class Counsel are Hammerco Lawyers LLP. WHAT ARE THE TERMS OF THE SETTLEMENT? The settlement provides for the payment of CDN $510,000 (five hundred and ten thousand dollars) by LinkedIn Corporation in exchange for a full release of all claims against it by the Class. The payment of the settlement amount is not an admission of liability, wrongdoing or fault by LinkedIn Corporation. A further hearing will be held on September 7, 2023 to seek approval of the Settlement Agreement by the Court. The hearing will take place in at 800 Smithe Street, Vancouver, B.C., before the Honourable Justice Francis. If approved, the settlement will be binding on all members of the Class who do not opt out of the proceeding. HOW DO I PARTICIPATE? If you want to be a member of this class action and participate in the settlement, you do not need to do anything. You are automatically included as a member of the Class unless you opt out of the applicable proceeding. WHAT IF I DO NOT WANT TO PARTICIPATE? If you do not want to participate in the class action, you may exclude yourself (“opt out”). In order to opt out, you must complete and sign an opt-out form and deliver it to Class Counsel by mail, courier, or email no later than August 9, 2023. Details on how to submit the opt-out form can be found in section 12 of the settlement agreement and the opt-out form. The opt-out form must be emailed to linkedinclassaction@hammerco.ca or mailed or couriered to: Hammerco Lawyers LLP 400 – 2233 Columbia St Vancouver, BC V5Y 0M6 Attention: Alexia Majidi WILL I RECEIVE COMPENSATION FROM THIS SETTLEMENT? No. The settlement agreement provides for cy-près donations to be made to The Law Foundation of British Columbia. WHAT ARE THE FEE ARRANGEMENTS? Under the terms of their retainer agreement with the representative plaintiff, Class Counsel will seek approval of a fee of up to 35% of the settlement amount, plus disbursements and applicable taxes. Class Counsel will also seek payment of up to $1,500 as honorarium for the representative plaintiff. Class Counsel fees, disbursements and any payments to the representative plaintiff are subject to court approval. OBJECTIONS All members of the Class have the right to let the court know of any objection they have to the approval of the Settlement Agreement, Distribution Protocol, Class Counsel fees or honorarium to the representative plaintiff by delivering a letter or written objection to Class Counsel on or before August 23, 2023. If a class member wishes to object, the following information must be included in the letter or written objection delivered to Class Counsel to the address above: (a) The objector’s full name, current mailing address, telephone number and email address; (b) A brief statement of the nature and reasons for the objection; (c) That the objector is a member of the Class in the form of their LinkedIn profile URL; (d) Whether the objector intends to appear at the court hearing on their own behalf or through a lawyer, and if by a lawyer, the name, address, telephone number and email address of the lawyer; and (e) A statement that the foregoing information is true and correct. You may also contact Class Counsel at 604-269-8500 or via email or mail at the address above. This notice has been authorized by order of the Supreme Court of British Columbia. Toll Free: 1.888.LAW.5544 Email: info@hammerco.ca COPY OF SETTLEMENT AGREEMENT & SETTLEMENT DOCUMENTS * SETTLEMENT AGREEMENT (PDF) * NOTICE - LONG-FORM (PDF) * NOTICE - SHORT-FORM (PDF) * AVIS DÉTAILLÉ (PDF) * AVIS ABRÉGÉ (PDF) OPT-OUT FORMS * OPT-OUT FORM (WORD) * FORMULAIRE DE RETRAIT (WORD) COPY OF RELEVANT COURT DOCUMENTS & COURT ORDER * NOTICE OF APPLICATION - CERTIFICATION & NOTICE APPROVAL (PDF) * ORDER MADE AFTER APPLICATION(PDF) * NOTICE OF CIVIL CLAIM (PDF) * RESPONSE TO CIVIL CLAIM (PDF)