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Proposed Settlement of Class Action Announced Regarding America Online, Inc.

Posted on: Friday, 6 January 2006, 09:00 CST

BELLEVILLE, Ill., Jan. 6 /PRNewswire/ -- The following statement is being issued by The Garden City Group, Inc., court appointed settlement administrator, regarding the O'Leary et al. v. America Online, Inc. and ICT Group, Inc. Proposed Settlement and Fairness Hearing for Compensation and Release of Claims. If you believe you were charged by or through AOL for accounts, services and/or goods that you did not request or that you had previously canceled, you may be entitled to compensation under this proposed settlement.

A proposed class action settlement has been reached in Illinois state court, entitled O'Leary et al. v. America Online, Inc. and ICT Group, Inc., No. 03-L-491. The proposed settlement covers claims that AOL wrongfully billed consumers for (1) online services, such as additional and "spun-off" AOL accounts, and other services, and (2) products, such as AOL Desk Planner, without first receiving consumers' consent or authorization. The settlement also covers claims that AOL and their customer service representatives wrongfully billed consumers for accounts, services or goods after the consumer tried to cancel the account or service or return the unordered product. AOL strenuously denies the plaintiffs' allegations, or that a class manageable for trial is certifiable.

After a lengthy investigation, litigation, and extensive mediation with a federal judge (retired), Settlement Class Counsel and Additional Settlement Class Counsel believe that the Settlement is fair and equitable to the Settlement Class Members, especially because of the nature of the possible compensation provided by the settlement, both on an aggregate and individual basis. AOL is settling this Action simply to avoid the burden and expense of litigation. Under the proposed settlement, persons who incurred unauthorized charges, did not later receive full compensation from AOL, and file a claim form certifying under oath that the charges were unauthorized, will receive compensation. AOL will pay cash compensation of up to $25,000,000. AOL also will provide benefits in the form of AOL account credits, forgiveness of amounts owed for unauthorized charges, and a charitable donation of AOL services.

In addition to compensating claimants, and without any reduction of benefits to the claimants, AOL will pay the costs of notice to the Settlement Class, administrative expenses, and the Attorneys' Fees and Costs. As explained in more detail in the Official Notice (available online at http://www.unauthorizedchargeslitigation.com/ or by calling toll-free at 1-800-409-3089), the amount of compensation for any particular valid claim will depend upon whether you previously complained to AOL or its customer service representatives about these charges and whether you provide documentation of the billing (as explained in the Official Notice). The amount of cash paid on any particular valid claim may depend upon the number and amount of valid claims received.

A hearing will be held on February 22, 2006, at 10:00 a.m., before the Honorable Michael J. O'Malley, the Circuit Court, Twentieth Judicial Circuit, St. Clair County Illinois, located at 10 Public Square, Room 403, Belleville, IL 62220. The purpose of the hearing is to decide whether the proposed settlement should be approved. If you are a member of the Settlement Class, you do not need to do anything to remain in the Settlement Class. You will be bound by all proceedings, orders, and judgments entered in connection with the settlement, whether favorable or unfavorable. If you do not exclude yourself from the Settlement Class, and the settlement is granted final approval, a judgment will be entered, releasing any and all claims you may have against AOL and ICT Group, Inc. and their respective designees, relating in any manner to this action. The released claims are described in Paragraphs 39-40 of the Settlement Agreement.

Those interested can obtain the Official Notice, Claim Form and Instructions online at http://www.unauthorizedchargeslitigation.com/, or by calling 1-800-409-3089. The deadline to submit Claim Form is April 24, 2006, unless otherwise noted on the website. For those who fail to complete a Claim Form and return it by the deadline, their claim will be rejected and they will lose all rights to these benefits.

If people exclude themselves from the Class, they will not participate in the settlement, and they will not receive the benefits of the settlement, including the ability to participate in an Expedited Arbitration potentially allowing uncapped compensation for allegedly unauthorized charges. They will not be bound by the judgments to be entered pursuant to the settlement, and none of your claims will be released. To be excluded, one must mail or deliver, such that it is postmarked on or before February 6, 2006, a written request for exclusion to the Claims Administrator at the following address: Unauthorized Charges Settlement Administrator, Attn: Exclusion Department, P.O. Box 9000 #6304, Merrick, NY 11566-9000. The exclusion request must comply with the other requirements set forth in the Official Notice.

Those interested may comment in support of or in opposition to the settlement. To object to the settlement, one must comply with the filing and service requirements detailed in the Official Notice no later than February 6, 2006. Any objection must also comply with the other substantive requirements set forth in the Official Notice referred to above.

There has been no expression by the Court as to the fairness or adequacy of the Settlement at this time. Please do not direct inquiries to the Court.

The Garden City Group, Inc.

CONTACT: Wayne Pines of The Garden City Group, Inc., +1-202-256-5455

Web site: http://www.gardencitygroup.com/http://www.unauthorizedchargeslitigation.com/

Source: PRNewswire

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