NOTICE OF CLASS ACTION

[Myzozoa]

If, between the dates of May 14, 2004 and September 11, 2021,
you were barred or banned from any smogon.com forum, discord, and/or pokemon showdown room and either 1) you were not unbanned by midnight of the day you became entitled to an unbanning by reason of expiration of sentence, or 2) you appeared in appeals and the mods and/or staff ordered you unbanned by reason of 'wrongful' banning, and your reputation was tarnished or you were psychologically stressed,

You may be entitled to MONEY.​

There is currently pending a class action lawsuit in the International Criminal Court, The Hague, Netherlands. The court has certified the case as a class action. If the proposed Settlement receives final court approval, CLASS MEMBERS are eligible to receive money.

International Criminal Court records show that you may be a CLASS MEMBER. Therefore, you may be eligible to receive MONEY. To receive any money in this pending Settlement, you must fill out and post a Claim Form.

Your Claim Form must be post-dated no later than February 28, 2022.​

If you wish to "opt out," or be excluded from the settlement, your opt-out post must be post-dated by December 23, 2021.

Even if you do not submit a Claim Post(s) or opt out by the above deadline, you will nonetheless be bound by the Settlement.

If You Wish to Claim Money,
Fill Out and Post the Enclosed Claim Form TODAY.​

If you receive more than one Claim Form, sign and file all Claim Forms you receive.

Per i servizi in lingua italiana contattare l'utente: haunter

 

[Myzozoa]

Below is a series of questions and answers designed to explain to you information about this lawsuit, including how to proceed to file a claim or otherwise participate in the settlement process.

1. What Is The Class Action Lawsuit About?

This lawsuit involves the alleged policy and/or practice of the smogon.com staff.moderators of either
(1) not releasing users a reasonable time after their unban dates, or (2) tarnishing the reputation of wrongfully banned users through their 'bad banned users list' after they appeared in appeals and became entitled to unbanning (3) "destroying users' lives" (4) not practicing habeaus corpus and due diligence when processing users prior to banning.

2. Who Is A Member Of The Class?

You are a member of the class if you meet the class definition (summarized above and set forth fully in the judge's orders) and your claim can be verified from the records obtained by ICC of the smogon.com administration (including the records of the Pokemon Showdown).
The ICC must have a record of your being wrongfully banned or delayed in release from banning such that officials can identify you individually by true name and other methods of identification and ascertain that you qualify as someone who was either detained too long or stripped of their reputation after having become entitled to unbanning. Such records are the final determinant of who qualifies as a member of the class.

3. What Is The Purpose Of This Notice?

You have a right to know about a proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. Your rights may be affected by this lawsuit.
This information is being sent to everyone who is or may be a member of the class based upon the last known address available from the records of the ICC, and otherwise publicized to reach Class Members.
This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are obtained, who is eligible and how to file a claim.
The Court in charge of the case is International Criminal Court The case is known as Tour bros v. smogon.com, et al., Case No. 02-956. The people who brought the case are called Plaintiffs, and the people they sued are called Defendants.

4. Why Is This A Class Action?

In a class action, one or more person(s), called the Class Representative(s), sue on behalf of a group of people who have similar claims - the Class Members. One court then resolves the issues for all Class Members, except for those who exclude themselves from the class.

5. Why Is There A Settlement?

Although the Court has not decided whether the claims in this lawsuit are correct, both sides have agreed to a Settlement. That way, both sides are able to avoid the risks and costs of a trial, the case can be resolved and the benefits of the Settlement can be made immediately available to the Class Members. The Class Representatives and their attorneys think that the proposed Settlement is fair to the Class Members and the parties in the case and think that the terms of the Settlement are a fair, reasonable and adequate resolution of this matter.

6. Are There Lawyers Representing You?

The Court has approved three lawyers (called "Class Counsel") to collectively represent you. You will not be asked to pay your own personal money for the services of these attorneys and their associates and staff in litigating this case and negotiating this Settlement. Instead, the lawyers will seek payment from the fund obtained on behalf of the class, as is described further below. Only Class Counsel may act on behalf of the class. However, that does not prevent you from hiring your own lawyer to advise you personally about your rights, options or obligations as a Class Member in this lawsuit. If you want to be represented by your own lawyer, you may hire one at your own expense.

7. What Does The Settlement Provide?

The Settlement provides for payment of a total of $12,000,000. From the $12,000,000, the following awards will be made:
a) An award of Attorney's Fees and costs, in an amount not to exceed 1/3 of the $12,000,000 total. (In addition, the Class Counsel may seek an award of the costs of litigation, including the costs of this Notice, of other aspects of the administration of the class and of litigating the case before settlement.)
b) Payment of $3,000,000 to be spent on smogon.com programs and services to fund changes necessary to eliminate the over-detentions and process violations that are the subject of this lawsuit. These funds will be for new programs or activities not previously budgeted (and specifically not as a part of the general budget), and may include new staff, services, construction, technology, equipment, programs or other activities otherwise necessary to meet the objective of the elimination wrongful bans and wrongful ban processing and post-release date detentions.
c) Payment of a total not exceeding $200,000 to individuals who sought representation from Class Counsel and whose individual damages could be assessed prior to settlement. These plaintiffs will receive more under the Settlement than other Class Members because of the role that they played in the litigation, and because of individualized damages determinations made in their cases.
d) Payment of the remainder, estimated to be approximately in the range of $4,500,000 - $4,700,000, to the members of the class who file claims for payment, under a formula that takes into account a variety of issues
The Settlement also requires smogon.com and affiliates to release users within 24 hours of the time they become entitled to unbanning, and the smogon.com staff will no longer strip users of their reputations without appeals processing.

8. Will I Receive Anything From The Settlement?

If it is determined that you are a Class Member, and you file a claim within the time set by the Court, you will be entitled to receive compensation.
The amount you will receive if you do file a claim depends on a variety of factors, including whether and for how long you were over-detained, and, if you were reputation stripped, whether this was a first offense or not, whether you were charged or not, and the nature of the matter on which you were arrested. The full description of the proposed system to determine how this determination will be made is contained in the Proposed Final Order of Settlement, which is contained on our website: https://www.youtube.com/channel/UChdnaoyQsiJ_T9tyiLvb7yQ (not a rick roll). No class member who files a valid claim will receive less than $50.00.

9. What Do I Do To Get Money?

If you wish to receive money from the Settlement, you must complete and submit the accompanying Claim Form. Read the instructions on the Claim Form carefully. All Claim Forms must be completed and postmarked no later than February 28, 2022, but it is recommended that you complete and post your Claim Form as soon as possible. If you do not timely and properly submit your Claim Form, you will not receive any money from the Settlement.
To file a Claim Form, you must post it post-dated no later than February 28, 2022, to:

tourbros v. smogon.com, et al Settlement Administrator, user: eoutmortus@smogoffmail.com

If you need a copy of a Claim Form, please call 1-888-809-8820 (toll free), or write to the tourbros v smogon.com, et al Settlement Administrator at the address above.

 

[eden]

crying

 

[Wigglytuff]

You realize, though, that no one would have seen it, and the people affected would have said "oh its accidental, no biggie" and moved on.
By making this class action lawsuit, you're telling everyone what happened, and bringing it constantly into the minds of others.
The lawyer vilifying you is yourself.
Additionally, suing a person for a mistake only makes it worse on you. This isn't Law & Order SVU, stirring drama just digs the hole deeper.

 

[az]

I COULD BE PAID!

 

[boo836]

Thank you for the offer but I will continue to retain my current counsel, Adam R. Johnson, in my own independent suit.

 

[Snessy!]

i'm not banned, but with these rewards, i could learn to be!!!

 

[faint]

Bon giorno,

As an ally, I want it to be known that I will represent any Italian that has or is currently facing the issues outlined in the OP free of charge. Together, we will undo the injustices brought upon the great nation of Italy.

 

[Bughouse]

Bull Of Heaven

 

[Bull Of Heaven]

I was banned for literally no reason.

 

[Hulavuta]

I was banned for literally no reason.

For a wrongful hard deletion, you could get at least twice this settlement

 

[Zirtles]

I got my entire office+school+university complex banned, would it be possible to add them to the case? My classmate got demoted from Random Battles roomvoice due to inactivity and keeps putting bags of dogshit through my letterbox