Cohen Milstein Sellers & Toll Announces Pendency of Class Action In Khoday et al., v. Symantec Corp., et al.

MINNEAPOLIS, July 10, 2014 /PRNewswire/ -- The following statement is being issued by Cohen Milstein Sellers & Toll regarding the class action titled Khoday et al., v. Symantec Corp., et al.(D. Minn.).

To consumers who purchased Extended Download Service ("EDS") for Norton products or Norton Download Insurance ("NDI") between January 24, 2005 and March 10, 2011.  

Consumers who purchased EDS and NDI for their Norton software have sued Defendants, alleging that Defendants a) misrepresented that EDS and NDI were necessary if a customer wanted to redownload their software more than 60 days after purchase; and b) failed to disclose that customers could redownload their Norton software for free on Defendants' own websites or buy EDS later if needed.

The Court has determined that this lawsuit can proceed as a class action on behalf of the following group of persons (the Class): All persons in the United States who purchased Extended Download Service ("EDS") for Norton products or Norton Download Insurance ("NDI") between January 24, 2005 and March 10, 2011 (the "Class Period").

If you are included in the above definition, you are included in the Class unless you exclude yourself.  If you are unsure whether you are included in the Class, you can write the lawyers representing the Class by letter; their contact information is listed below.

IF YOU ARE A MEMBER OF THE CLASS, YOU MUST CHOOSE WHETHER TO REMAIN IN THE CLASS OR OPT OUT. 

What is this lawsuit about? 
This lawsuit alleges that Defendants violated consumer protection laws and the common law – specifically, that Digital River violated the Minnesota Consumer Fraud Act, and that Symantec violated California's Unfair Competition Law and Consumer Legal Remedies Act, by failing to disclose to Class members that free alternative methods to redownload purchased software existed. Defendants have denied the claims in this lawsuit and maintain that Plaintiffs and Class members are not entitled to monetary relief.

What are my options?
You have two options if you are a member of the Class:

Option #1:  Remain in the Class.  If you are included in the Class you do not need to do anything to remain a member of the Class.  If you remain a member of the Class and the Court awards monetary benefits against either Defendant or Defendants settle these claims, you will share in any monetary benefits awarded to the Class.  If you stay in the Class and the Class Representatives obtain money either as a result of a trial or a settlement, Class members will be notified about how to apply for a share (or how to ask to be excluded from any settlement, if the Court permits a second period of exclusion).  If you remain part of the Class, you will be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action, and you will not be able to sue Symantec or Digital River in a separate lawsuit about the same claims in this lawsuit. 

Option #2:  Exclude Yourself.  Excluding yourself – sometimes called "opting out" – from the Class means that you will not participate in the Class.  If the Class is successful at trial or obtains a settlement, you will not receive any money or benefits from the lawsuit.  Likewise, you will not be legally bound by the Court's judgments in this class action and will be able to pursue your own separate lawsuit for these claims. To exclude yourself from the Class, you must send a letter stating that you want to be excluded from Khoday v. Symantec, et al. to Class Counsel.  You must be sure to include your name, address, telephone number, and signature.  You must mail your exclusion request so that it is postmarked no later than September 8, 2014.

Who represents the Class?

The Court has appointed the following law firms to serve as the attorneys for the Class:

Lead Counsel for the Class:
COHEN MILSTEIN SELLERS & TOLL P.L.L.C.
Andrew N. Friedman
Douglas J. McNamara
1100 New York Avenue, N.W.
Suite 500, East Tower
Washington, D.C.  20005-3964

THE WENTZ LAW FIRM
Richard Wentz
Jean Wentz
33 Via Ricardo
Newbury Park, CA  91320

LOCKRIDGE GRINDAL NAUEN PLLP
Karen Hanson Riebel
Kate M. Baxter-Kauf
100 Washington Avenue South
Suite 2200
Minneapolis, MN 55401

McLAUGHLIN & STERN LLP
Lee S. Shalov
260 Madison Avenue
New York, NY  10016

You have the right to hire your own attorney (at your own expense), but if you remain in the Class, you are not required to hire a separate attorney. 

How do I get more information?
This is only a summary of this lawsuit and your rights as a potential Class member.
If you would like additional information, you may obtain case information at DownloadInsuranceClassAction.com or by calling 1 (855) 382-6395. You may also obtain additional information regarding this lawsuit by reviewing the papers on file in this litigation, which may be inspected at the Office of the Clerk of Court, United States District Court for the District of Minnesota, United States Courthouse, 300 South Fourth Street, Suite 202, Minneapolis, MN 55415 during business hours (or may be accessed online for a fee by obtaining a password at www.uscourts.gov). 

PLEASE DO NOT CONTACT THE COURT REGARDING THIS NOTICE.

Dated: July 10, 2014

SOURCE Cohen Milstein Sellers & Toll PLLC