Dear {full_name}:

This is an Agreement (the “Agreement”) between you and Saad & Andrews, P.C. and Bryson Harris Suciu & DeMay PLLC (collectively, the “Firms”) for legal representation regarding your claim(s) against Move, Inc. (herein “Respondent”) for its violation of your privacy rights because of improper use of tracking technologies.

You understand and authorize the Firms to proceed with filing your claim(s) as an individual arbitration. Arbitration is a simplified means of pursuing legal claims, where the claim is decided by an arbitrator rather than a judge or jury. You authorize the Firms to settle your individual claim(s) with Respondent and execute a release of your individual claim(s) on your behalf. However, this agreement also authorizes the Firms to settle and release your claim(s) as a part of a class action if Respondent chooses to do so. In the event the Firms enter a settlement with your authority, and you choose not to participate in the settlement, you may reject the settlement, and the Firms may withdraw their representation of you. You further authorize the Firms to represent additional individuals who have claims that are the same or similar to yours against Respondent.

The Firms will handle this matter with a contingent fee of the greater of either forty percent (40%), as allowed by state law, of any recovery obtained in this matter or total attorneys’ fees awarded by the arbitrator or court. The Firms reserve the right to associate with co-counsel, but the fee will be split between the Firms and any additional firm(s) they associate with.

The Firms will advance all costs incurred by the Firms during this litigation (e.g., filing fees, travel, settlement distribution costs, etc.). The Firms will be reimbursed for these costs if, and only if, they ultimately obtain a recovery on your behalf. Advanced costs are deducted after the calculation of the contingent fee.

The Firms will keep you informed about the progress of your claim as it moves forward.  They will do so via phone calls, emails, and SMS messages.  By signing this retainer agreement, you consent to the Firms calling and sending case-related SMS messages to the cell phone number you provided when signing up for representation.  If at any time you no longer wish to receive phone calls from the Firms, you can email us at clientcare@saad-andrews.com.  Similarly, if you no longer wish to receive SMS messages from the Firms, you can reply “STOP” to any SMS message to opt out of receiving additional messages.

You authorize the Firms to withdraw from representation if they determine for sufficient reasons that your claim(s) should not continue. Regardless, the Firms will maintain the file on this matter for at least six years. If requested, these will be returned to you after the conclusion of the representation.

Finally, the Firms do not make any promises or guarantees regarding the outcome of your claim(s). If you have any questions about the foregoing, please advise. We would appreciate your returning a signed copy of this engagement letter to us for our files.

 

CERTIFICATION

By signing this Agreement, the undersigned Client certifies that they understand that they will not be able to pursue a claim against Respondent unless they have made an online purchase from Respondent on Respondent’s website or have an account on Respondent’s website (www.realtor.com​). By signing this agreement, Client hereby represents that they have made an online purchase from Respondent or have an account on the Respondent’s website. If necessary, the Client could testify or produce documents confirming that they have made an online purchase from Respondent or have an account on the Respondent website.

Client further certifies that they have not retained any other law firm(s) to pursue their claim(s) against Respondent and that they will not retain any other law firm(s) to do so. Client understands that, if they do retain or have retained another law firm to pursue their claim(s), the Firms may terminate their representation of the Client in connection with their claim(s) against Respondent.

         

COMMUNICATIONS CONSENT

By signing this Agreement, the undersigned Client consents to the Firms keeping them informed about the progress of their claim by calling, emailing, and sending case-related SMS messages to the cell phone number that Client provided to the Firms when signing up for representation. Client understands that, if at any time they no longer wish to receive phone calls from the Firms, they can email clientcare@saad-andrews.com.  Client also understands that, if they no longer wish to receive SMS messages from the Firms, they can reply “STOP” to any SMS message to opt out of receiving additional messages.

Additionally, Client consents to the Firms calling, emailing, and sending them SMS messages concerning other matters, lawsuits, and investigations that may be relevant or of interest to Client.

Please note that the company against which you are retaining the Firms to pursue individual arbitration claims on your behalf may require submission of a notice letter personally signed by you to begin the dispute resolution process.  So that the Firms can start this process, by signing the retainer agreement, it is your intent to provide the Firms with your electronic signature and your consent to include your electronic signature in the notice letter to be sent on your behalf to the company identified in the retainer agreement as the party against whom the Firms have agreed to represent you in connection with your individual arbitration.  This is the sole limited purpose for which you are giving the Firms legal authority to utilize your electronic signature.

 

PRESERVATION OF EVIDENCE AND LITIGATION HOLD

The Firms are required by court rules and caselaw to document that Client has been provided with notice of a party’s continuing obligation to preserve evidence and electronically stored information (“ESI”). This communication, commonly referred to as a “litigation hold,” sets forth certain obligations relating to the preservation and maintenance of documents, ESI, and evidence in the case discussed in this retainer agreement (herein “the lawsuit”). The Firms are required to provide this information and to maintain a copy for their files. Please review this portion of the retainer agreement carefully and advise of any questions with regard to same.

By this communication, the Firms are advising Client (“you”/“your”) not to destroy, conceal or alter any relevant paper or electronic files and other data generated by and/or stored on your computers, mobile devices (such as mobile phones, iPads, etc.) and storage media (e.g., hard disks, floppy disks, backup tapes, flash/thumb drives), or any other electronic data, such as email, or data on social networking sites controlled by you.  This also includes ESI on any cloud-based or third-party remote storage systems, such as, for example, Google Docs, the Amazon Drive, or any other third-party cloud storage systems.

Unfortunately, your failure to comply with this notice can result in severe sanctions being imposed for spoliation of evidence or potential evidence. All data destruction or deletion policies or settings that can potentially impact ESI or other evidence must be suspended or turned off, immediately.

As you know, the arbitration relates to Move, Inc. and your use of both Respondent’s website and your social media accounts, and information regarding same is important in the case. You need to preserve this information, although that does not mean that all of your social media information will be produced in the lawsuit.

Electronic documents and the storage media on which they reside contain relevant, discoverable information beyond that which may be found in printed documents. This data, referred to as metadata, contains information that can be obtained through discovery. Therefore, you may be asked for all documents in their electronic form along with information about those documents contained on the media or storage device. Again, this will be/is an arbitration about Respondent’s website and your use of social media accounts, so that information is important. Please do not delete your social media accounts, your Respondent account, or any emails from Respondent.

Regarding electronic data created after the date of delivery of this letter, relevant evidence is not to be destroyed. Please take whatever steps are appropriate to avoid destruction of evidence.

 

ARBITRATION AGREEMENT

This agreement touches on Interstate commerce. Any dispute arising out of or relating to this agreement will be decided by binding arbitration in Mobile AL by a single disinterested arbitrator, (Arbitrator), including the scope of arbitration. Notice of demand for arbitration shall be made by either party to the other parties and shall generally state the matter to be arbitrated and its nominee to act as Arbitrator.  If the parties do not agree on the nominated Arbitrator within 30 days of the date of the Notice of Demand, each party shall appoint a representative who shall then select a third nominee who will act as Arbitrator. The Arbitrator must be an attorney with no less than 10 years experience as a lawyer and shall not have been employed by or engaged to represent any party in the matter within a period of five years. The Arbitrator shall set the schedule, limits of discovery and shall conduct all hearings and other presentations.  The Arbitrator's decision and award shall be in writing and is final. Each party may have counsel at the party’s expense, and each party shall pay 1/2 the expense for the arbitration. There shall be no class arbitration and no consolidation of more than one arbitration. Judgment on any Arbitrator’s award may be entered in any court having jurisdiction thereof.

 

CHOICE OF LAW AND MODIFICATION

This agreement is governed by the laws of the State of Alabama. This Agreement represents the sole Agreement between Client and Attorneys. No promise or representation has been made to any party other than those contained in these in this Agreement. While common law or, in some cases, statutory law allows oral notification of a written agreement, the parties have waived that ability and specifically agree that this Agreement may not be modified except by a writing signed by both parties.

If this correspondence is in any way unclear, please contact the Firms immediately. This litigation hold obligation will continue while the litigation is ongoing. The Firms will inform you when the hold expires. By signing this Agreement, you are confirming your understanding and commitment to abide by this duty to preserve the evidence.