AOL "Footer" Class Action
In October of 2008, HLO filed a nationwide class action against AOL. We allege in this case that since 2006, AOL has inserted "footer" ads into the sent E-mails of AOL pay subscribers without notice to or permission from these AOL pay subscribers. This is a class action involving 16 million putative class members. These ads were inserted into hundreds of millions of emails over a three year period. Plaintiffs allege that AOL has made significant monetary gains from the insersion of footer ads.
On November 21, 2008, AOL filed a motion in U.S. District Court to have the class action dismissed / transferred from California to Virginia. On January 5, 2009, the Court denied this motion, allowing for this class action to move forward in Los Angeles.
Plaintiffs filed a motion for class certification (FRCP, Rule 23) on June 17, 2009. This motion will be heard in U.S. District Court in Los Angeles on July 13, 2009.
Below are the relevant documents in this case:
Original Complaint
AOL's Motion to Dismiss
Plaintiff's Opposition to AOL's Motion to Dismiss / Transfer
The Court's Ruling Denying AOL's Motion to Dismiss / Transfer
Plaintiffs' First Ammended Complaint
Update:
This case has tentatively been settled. Additional information coming soon.