Mark Kokoszki, et al. v. Playboy Enterprises, Inc.
Playboy Magazine Settlement
2:19-cv-10302-BAF-RSW

Frequently Asked Questions

 

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  • A Court authorized the notice because you have a right to know about a proposed Settlement of the class action lawsuit and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the lawsuit, the Settlement, and your legal rights.

    The Honorable Bernard A. Friedman, of the U.S. District Court for the Eastern District of Michigan, is overseeing the case. The case is called Kokoszki v. Playboy Enterprises, Inc., Case No. 2:19-cv-10302-BAF-RSW. The person who sued is called the Plaintiff. The Defendant is Playboy Enterprises, Inc.

  • In a class action, one or more people called class representatives (in the case, Mark Kokoszki) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who excluded themselves from the Class.

  • The lawsuit claims that Defendant violated Michigan’s Preservation of Personal Privacy Act, M.C.L. § 445.1712 (“PPPA”) between January 1, 2016 and July 30, 2016, by disclosing information related to its customers’ magazine subscriptions to third parties. The Defendant denies it violated any law. The Court has not determined who is right. Rather, the Parties have agreed to settle the lawsuit to avoid the uncertainties and expenses associated with ongoing litigation.

  • The Court has not decided whether the Plaintiff or the Defendant should win the case. Instead, both sides agreed to a Settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Class Members will get compensation sooner rather than, if at all, after the completion of a trial.

  • The Court decided that everyone who fits the following description is a member of the Settlement Class:

    Persons that have a Michigan street address who subscribed to a Playboy Publication between January 1, 2016 and July 30, 2016 to be delivered to a Michigan street address, and who did not opt out of Playboy’s information sharing service.

    Playboy Publications include any magazine published by Defendant or one of its subsidiaries in the United States, including but not limited to Playboy magazine.

  • Monetary Relief: A Settlement Fund has been created totaling $3,850,000.00. Class Member payments, and the cost to administer the Settlement, the cost to inform people about the Settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of the fund (see Question 12).

    A detailed description of the settlement benefits can be found in the Settlement Agreement.

  • The amount of the payment will depend on how many requests for exclusion are submitted. Each Class Member who does not exclude him or herself will receive a proportionate share of the Settlement Fund, which Class Counsel anticipates will be approximately $110. You can contact Class Counsel at (646) 837-7150 to inquire as to the number of requests for exclusion that have been received to date.

  • The hearing to consider the fairness of the settlement is scheduled for August 19, 2020. If the Court approves the settlement, eligible Class Members will receive their payment 28 days after the Settlement has been finally approved and/or after any appeals process is complete. The payment will be made in the form of a check, and all checks will expire and become void 180 days after they are issued.

  • If you are a Class Member who received a Notice via postcard and you want to get a payment, do nothing and you will automatically receive a pro rata share of the Settlement Fund, which Class Counsel anticipates will be approximately $110 sent to the postal address identified in the Notice you received. If you have changed addresses or are planning to change addresses prior to August 19, 2020, please click here to complete and submit a change of address form.

    If you are a Settlement Class Member who did not receive a Notice via postcard and you want to get a payment, you were required to complete and submit a Claim Form. The deadline to submit a Claim Form was July 24, 2020 and has passed.

  • If the Settlement becomes final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by the Settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.24 of the Settlement Agreement. Unless you exclude yourself (see Question 13), you are “releasing” the claims.

    The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 11 for free or you can, of course, talk to your own lawyer if you have questions about what this means.

  • The Court has appointed Bursor & Fisher, P.A. and Hedin Hall LLP to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in the case, you may hire one at your expense.

  • The Defendant has agreed that Class Counsel attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than 35% of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than the amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

    Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000 from the Settlement Fund for his services in helping to bring and resolve the case.

  • The deadline to exclude yourself from the Settlement was July 24, 2020 and has passed.

  • No. Unless you excluded yourself, you give up any right to sue the Defendant for the claims being resolved by the Settlement.

  • No. If you excluded yourself, you will not receive a pro rata share of the Settlement Fund.

  • The deadline to object to the Settlement was July 24, 2020 and has passed.

  • Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

  • The Court will hold the Final Approval Hearing at 11:00 AM on August 19, 2020 via the online platform, Zoom. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class; to consider the Class Counsel’s request for attorneys’ fees and expenses; and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement.

    The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates on this website or calling 1-833-900-1639. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Final Approval Hearing, you will receive notice of any change in the date of the Final Approval Hearing.

  • No. Class Counsel will answer any questions the Court may have. However, you are welcome to listen to the Hearing via Zoom, if you would like. Please read the Court's Order regarding the Hearing here. If you sent an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. 

  • Yes, you could have asked the Court for permission to speak at the Fairness Hearing. To do so, you needed to include in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in Kokoszki v. Playboy Enterprises, Inc., Case No. 2:19-cv-10302-BAF-RSW.” Your objection and notice of intent to appear needed to be filed with the Court and postmarked no later than July 24, 2020. The deadline has passed.

  • The Notice summarizes the Settlement, more details are in the Settlement Agreement. You may also write with questions to Playboy Magazine Settlement, c/o JND Legal Administration, PO Box 91350, Seattle, WA 98111. You can call the Settlement Administrator at 1-833-900-1639 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read the full Notice carefully. You may also find additional information elsewhere on this case website.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Playboy Magazine Settlement
c/o JND Legal Administration
PO Box 91350
Seattle, WA 98111