Frequently Asked Questions

• What is the class action about?
  
  
• What is the settlement?
  
  
• Who is representing the Settlement Class in this litigation?
  
  
• Who is a member of the Settlement Class?
  
  
• How does a Settlement Class Member determine if it is a Current or Former Customer under the Settlement?
  
  
• When were Claim Forms due?
  
  
• How does a Settlement Class Member inquire about the status of a timely-submitted Claim Form?
  
  
• What if a Class Member timely excluded itself from the class?
  
  
• What if a Class Member did not timely exclude itself from the Class and filed no Claim Form?
  
  
• Can a Class Member still object to the Settlement?
  
  
• Has the Settlement been approved?
  
  
• When will benefits be received by Settlement Class Members?
  
  

What is the class action about?

The Plaintiff in the class action alleged that Yellow Book made false statements concerning phone directory possession, usage and preference. Yellow Book denied each and every one of the allegations, but Yellow Book agreed to settle the case to avoid the time, expense, and distraction of protracted litigation. This settlement is not an admission of wrongdoing and does not indicate a violation of any law. The Plaintiff agreed to settle the lawsuit to avoid the uncertainty, expense, and delay of continued litigation.

What is the settlement?

The deadline for submitting a Claim Form under this Settlement passed on September 22, 2005, and no additional Claim Forms will be accepted.

Under the Settlement, Yellow Book will make available to members of the Settlement Class who timely submitted a valid Claim Form and are Current Customers of Yellow Book, a credit toward the purchase of future Yellow Book advertising. Settlement Class Members are Current Customers of Yellow Book if, as of April 1, 2005, they had one or more contracts with Yellow Book currently in effect. A contract is considered currently in effect if it provides for an advertisement that was included in a Yellow Book directory in current distribution as of April 1, 2005, or for an advertisement scheduled to be published in a Yellow Book directory after April 1, 2005. A Settlement Class Member who signed one or more Yellow Book Contracts during the Class Period, who is a Current Customer of Yellow Book, and who timely submitted a valid Claim Form, will receive a credit toward the purchase of future Yellow Book advertising. The amount of the credit depends on the total amount of Yellow Book directory advertising purchased under the Yellow Book Contract(s) signed by the Class Member during the Class Period. Please see Section 4 of the Notice of Proposed Settlement of Class Action and Hearing for further information.

Yellow Book will also make available to Settlement Class Members who timely submitted a valid Claim Form and are Former Customers of Yellow Book, the option to receive (a) a credit toward the purchase of future Yellow Book advertising or (b) a cash payment, as selected by the Class Member on their submitted Claim Form. A Former Customer is a Settlement Class Member who, as of April 1, 2005, was no longer a Current Customer of Yellow Book (as defined above). A Settlement Class Member who signed one or more Yellow Book Contracts during the Class Period, who is a Former Customer of Yellow Book, and who timely submitted a valid Claim Form will receive either a credit towards the purchase of future Yellow Book advertising or a cash payment, based on the option selected by each eligible Class Member in their Claim Form. The amount of the credit or cash payment depends on the total amount of Yellow Book directory advertising purchased under the Yellow Book Contract(s) signed by the Class Member during the Class Period. Please see Section 4 of the Notice of Proposed Settlement of Class Action and Hearing for further information.

Who is representing the Settlement Class in this litigation?

The Settlement Class is being represented by Settlement Class Counsel Lerach Coughlin Stoia Geller Rudman & Robbins LLP, 58 South Service Road, Suite 200, Melville, NY 11747, and Giskan & Solotaroff, 207 West 25th Street, 4th Floor, New York, NY 10001.

Who is a member of the Settlement Class?

The Settlement Class consists of all individuals and businesses (collectively called "Persons") who, between the dates of May 7, 2002 and July 5, 2004, inclusive, signed one or more contracts (called "Yellow Book Contracts") pursuant to which they paid money to Yellow Book to publish one or more advertisements or listings in any Yellow Book directory in the United States.

In addition, the Settlement Class also includes Persons who, between the dates of May 7, 2002 and July 31, 2004, inclusive, signed one or more Yellow Book Contracts pursuant to which they paid money to Yellow Book to publish one or more advertisements or listings in any of the following Yellow Book directories (the "Select Yellow Book Directories"):

Excluded from the Settlement Class are: (1) Yellow Book’s National Account Customers, (2) any Person that, as of May 13, 2005, is a party to a litigation, arbitration, or mediation proceeding in which Yellow Book is seeking to collect past due amounts owing on that Person’s account or whose account has been referred by Yellow Book to an attorney for collection of past due amounts, (3) any Person that has resolved or released the claims on which this settlement is based, (4) any entity in which Yellow Book has or had a controlling interest, and directors, officers, and employees of Yellow Book and/or (5) the legal representatives, heirs, estates, successors or assigns of any such excluded Person or entity. Also excluded from the Settlement Class are those Persons who timely and validly requested exclusion from the Settlement Class as described in Section 6 of the Notice of Proposed Settlement of Class Action and Hearing.

The deadline for submitting exclusions passed on August 2, 2005, and no additional exclusions will be accepted.

How does a Class Member determine if it is a Current or Former Customer under the Settlement?

Under the Settlement, a Class Member is a “Current Customer” of Yellow Book if, as of April 1, 2005, it had one or more contracts with Yellow Book currently in effect. A contract is currently in effect if it provides for an advertisement that was included in a Yellow Book directory in current distribution as of April 1, 2005, or for an advertisement scheduled to be included in a Yellow Book directory after April 1, 2005. A Class Member is a "Former Customer" of Yellow Book if, as of April 1, 2005, it no longer had any contracts with Yellow Book currently in effect.

When were Claim Forms due?

The deadline for submitting a Claim Form under this Settlement passed on September 22, 2005, and no additional Claim Forms will be accepted.

How does a Settlement Class Member inquire about the status of a timely-submitted Claim Form?

To participate in the Settlement, Class Members were required to submit a Claim Form postmarked by September 22, 2005, to the address provided on the Claim Form. For further information regarding timely-submitted Claim Forms, call the Claims Administrator toll free 1-800-406-6204.

What if a Class Member timely excluded itself from the Class?

The deadline for Class Members to exclude themselves from the Class passed on August 2, 2005, and no additional exclusions will be accepted. Class Members who timely excluded themselves from the Class have forfeited the right to participate in the Settlement. They are free to pursue any claims they have against Yellow Book on their own behalf, but they are not represented by Settlement Class Counsel.

What if a Class Member did not timely exclude itself from the Class and submitted no Claim Form?

A Class Member who did not timely exclude itself from the Class will be bound by the final Judgment, whether or not it submitted a Claim Form. Under the terms of the Trial Court’s Judgment, Class Members who did not exclude themselves from the Class are deemed to have released all claims against Yellow Book which were made or which could have been made in the class action. Please see Section 4(c) of the Notice of Proposed Settlement for more information regarding released claims.

Can a Class Member still object to the Settlement?

The deadline for objecting to the Settlement passed on August 2, 2005, and no additional objections will be accepted.

Has the Settlement been approved?

Following a Final Approving Hearing on August 26, 2005, the Trial Court approved the Settlement in a Judgment dated October 24, 2005. A few Class Members subsequently appealed the Court’s Judgment. By Decision dated May 1, 2007, the Superior Court of New Jersey Appellate Division, affirmed the Trial Court's approval of the Settlement. The time within which any motion for leave to appeal the Appellate Division Decision to the New Jersey Supreme Court has not yet expired. This website will be updated when more information is available.

When will benefits be received by Class Members?

Under the terms of the Settlement, credit vouchers and cash payments to eligible Class Members who submitted timely Claim Forms are to be distributed within 90 days after the date the Settlement is finally approved. The Trial Court approved the Settlement in a written Judgment on October 24, 2005. A few Class Members subsequently appealed the Court’s Judgment. By Decision dated May 1, 2007, the Superior Court of New Jersey Appellate Division, affirmed the Trial Court's approval of the Settlement. The time within which any motion for leave to appeal the Appellate Division Decision to the New Jersey Supreme Court has not yet expired. Settlement benefits cannot be made available unless and until any motions for leave to appeal that may be filed are resolved. Please be patient. This website will be updated when more information is available.