UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Global Education Services, Inc.
v.
Intuit Inc.
, et al., Case No. C09-944RSL


NOTICE OF CLASS ACTION SETTLEMENT

TO ALL PERSONS IN THE STATE OF WASHINGTON who have received a pre-recorded phone message soliciting the purchase of any Intuit-related products or services by automatic dialing and announcing device ("ADAD"):

PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR RIGHTS.

By order of the U.S. District Court, Western District of Washington (the “Court”), YOU ARE NOTIFIED AS FOLLOWS:

A class action lawsuit is now pending in the Court. A class action is a lawsuit in which one or more persons sue on behalf of other similarly situated persons. This notice briefly describes this lawsuit and your participation as a potential member of the Class of Plaintiffs.

I. DESCRIPTION OF LAWSUIT

A class action lawsuit is pending in the Court against Intuit Inc., International Card Services, LLC, Albion Management Group, LLC, Voice Marketing, Inc., and SBN Peripherals, Inc. This lawsuit is brought on behalf of anyone in Washington who received a pre-recorded phone message soliciting the purchase of Intuit’s products or services. The lawsuit alleges one or more Defendants’ use of ADADs to deliver such messages violated federal and Washington laws. Defendants deny this claim. The Court has not ruled on the merits of the lawsuit. The Plaintiff, Global Education Services, Inc., (“GES” or “Class Representative”) has investigated the facts and law related to this case. GES and the attorneys representing GES and the Class (“Class Counsel”) have concluded that resolving this lawsuit pursuant to the terms of the Stipulation of Class Action Settlement and Release (“Settlement”) on file with the Court is in the best interests of the Class.

II. SUMMARY OF PROPOSED SETTLEMENT

If the Court approves the Settlement, one or more Defendants shall contribute $600,000 to the Legal Aid for Washington (LAW) Fund to support civil legal-aid programs and $400,000 to the Jump$tart Washington Coalition to support financial literacy. Class Members may submit a claim for up to $100 for each pre-recorded solicitation by ADAD delivered by or on behalf of Intuit. Subject to the Court’s approval, GES will request one or more Defendants pay fees and costs incurred by GES and Class Counsel (not to exceed $2.2 million) (“Fee Award”) and a payment to GES for its efforts in prosecuting the lawsuit (not to exceed $10,000) (“Incentive Award”). This is only a summary of the Settlement’s basic terms. For precise terms, please review the detailed agreement on file with the Court clerk and available here. You can also request a copy by calling toll-free: 866-257-0054.

III. WHAT ARE MY OPTIONS AS A CLASS MEMBER?

The Court has certified the following Class: All Persons who at any time since June 9, 2005, through the date of the Preliminary Approval Order [May 27, 2011] received on a Washington phone number a pre-recorded or artificial voice message for the purpose of commercial solicitation associated with, or delivered in whole or in part by, or on behalf of, Intuit. If you are a Class Member, your options are as follows:

A. Do Nothing and Remain a Member of the Class

If you wish to remain in the Class, do nothing. Your interests will be represented by the Class Representative and Class Counsel. You will be bound by the Settlement and any related Court orders or judgments, and will be deemed to have released certain claims against all of the Defendants as described in Section V below. As part of approving the Settlement, the Court may approve the Fee Award and Incentive Award, both of which will be paid by Defendants; you will not be responsible for payment of any Fee Award or Incentive Award.

B. Object to the Settlement

If you remain in the Class, you can object to the Settlement or Class Counsel’s petition for the Fee Award or the Incentive Award before the Court’s final approval. Class Counsel’s petition will be posted on this website no later than August 5, 2011. However, if the Court rejects your objection, you will be bound by the Settlement. To object, you must file your written Notice of Objection and/or Notice of Intent to Appear, and any materials you intend to discuss at the Fairness Hearing (see Section VI below), with the Court at the following address:

Clerk of the Court, U.S. District Court
Attn: Global Education Services, Inc. v. Intuit Inc., et al.;
Class Action Objections, Case No. C09-944RSL
700 Stewart Street
Seattle, WA 98101

You must also serve a copy on the following attorneys:

Roblin Williamson, Esq.
WILLIAMSON & WILLIAMS LLP
17253 Agate Street NE
Bainbridge Island, WA 98110
Brian D. Buckley, Esq.
FENWICK & WEST LLP
1191 Second Ave., 10th Floor
Seattle, WA 98101

Your written objection should include the reason(s) for your objection (including any legal support), your full name, and the date and phone number on which you received a pre-recorded phone solicitation by or on behalf of Intuit. To be valid and effective, your objection must be filed with the Court and served on the above attorneys by September 2, 2011. If you remain a Class Member, but do not wish to be represented by Class Counsel, you may personally appear or appear through your own attorney. However, you will be solely responsible for the fees, expenses and costs of your attorney, unless the Court otherwise orders.

C. Exclude Yourself From the Class

You can exclude yourself from the Class. To do so, you must send by certified mail a written request for exclusion to the following address:

Global Education Services Exclusion Request
c/o The Garden City Group, Inc.
PO Box 9738
Dublin, OH 43017-5638
(866) 257-0054

You must personally sign your request for exclusion. If you are a corporation or other entity, your authorized representative must sign the request. Your exclusion request must state your full name, address, phone number and email address. You must state that you request exclusion from the Settlement Class in Global Education Services, Inc. v. Intuit Inc., et al., Case No. C09- 944RSL. To be valid, your written request must be postmarked by September 2, 2011.

IV. HOW DO I FILE A CLAIM?

If you are a Class Member, you may be eligible to receive a monetary award. To submit a claim, you can contact the Claims Administrator or click here to obtain a copy of the Claim Form. Follow the Claim Form’s instructions for completing and submitting your claim. Your Claim Form will be subject to verification and approval by the Claims Administrator. Please note that your Claim Form must be postmarked by August 16, 2011 to be considered.

V. WHAT DO I GIVE UP UNDER THE SETTLEMENT?

The Settlement is intended to settle and release all claims that Class Members have alleged or could have alleged in this lawsuit regarding any pre-recorded phone solicitations delivered before May 27, 2011 by or on behalf of Intuit. The Settlement will extend to Intuit, including each of Intuit’s past and present subsidiaries, affiliated entities and agents, including each of their respective past and present employees, officers, directors, attorneys, agents, shareholders, partners, joint venturers, insurers and sureties. For the specific language of the released claims, please see the detailed Settlement or on file with the Court clerk. If you do not exclude yourself from the Class, you will be deemed to have entered into this Settlement and to have settled and released the above-described claims. If the Settlement is finally approved by the Court, it will be consummated. If the Settlement is not finally approved by the Court, or does not become final for any other reason, the lawsuit will continue.

VI. FAIRNESS HEARING

The Court will hold a final settlement approval hearing (“Fairness Hearing”) at the U.S. District Court, Western District of Washington, Seattle Courthouse in the Honorable Robert S. Lasnik’s courtroom, 700 Stewart Street, Seattle, WA 98101, on September 22, 2011 at 8:30 a.m., to determine whether the Settlement should be finally approved as fair, reasonable and adequate. If comments or objections have been received, the Court will consider them at this time. The hearing may be continued without further notice to the Class. You need not attend this hearing unless you wish to appear and object to the terms of the Settlement.

VII. ADDITIONAL INFORMATION

Complete records may be examined during business hours at the clerk’s office at the courthouse at 700 Stewart Street, Seattle, WA 98101. If you have any questions about this notice or the Settlement, please direct your questions to Class Counsel: Roblin Williamson, Esq., WILLIAMSON & WILLIAMS, 17253 Agate Street NE, Bainbridge Island, WA 98110, Phone: (206) 780-4447.

PLEASE DO NOT CONTACT THE COURT OR THE DEFENDANTS ABOUT THIS LAWSUIT.

PUBLISHED BY ORDER OF THE U.S. DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON AT SEATTLE, WASHINGTON.



Important Dates
DateDeadline
August 5, 2011 Class Counsel's Petition for Approval
of the Fee Award & Incentive Award
will be posted on this website
August 16, 2011
[Expired]
Claim Form Deadline
September 2, 2011
[Expired]
Exclusion/”Opt Out” Deadline
(postmarked – to the Claims Administrator)
September 2, 2011
[Expired]
Objection Deadline
(postmarked – filed with the
Clerk of Court, copies to Counsel)
September 2, 2011
[Expired]
Deadline to Submit Notice of Intent to Appear and Speak at the Fairness Hearing
(postmarked – filed with the Clerk of Court, copies to Counsel)
September 22, 2011
at 8:30 a.m.
Fairness Hearing

Your Options