NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
United States District Court for the Northern District of California
Berman, et al. v. Forbes Media LLC, Case No. 3:24-cv-09287-WHO
If you are a California resident and you accessed Forbes’ websites from
December 20, 2023 to June 11, 2026, you may be entitled to a payment from a
class action settlement.
A Federal court authorized this Notice. You are not being sued. This is not a solicitation from a lawyer.
A Settlement has been reached with Forbes Media LLC (“Forbes”/ “Defendant”) in a class action
lawsuit which alleges that from December 20, 2023 through June 11, 2026, Forbes collected
Settlement Class Members’ IP addresses and/or unique identifiers without their consent using
trackers present on Forbes’ websites (“Trackers”) and shared that data with third parties, in violation
of Section 638.51(a) of the California Invasion of Privacy Act (“CIPA”) and the California Unfair
Competition Law. Forbes denies these allegations and denies any wrongdoing.
The Settlement Class includes all California residents who, from December 20, 2023 to June 11,
2026, accessed websites owned or controlled by Forbes and had their IP addresses and/or unique
identifiers shared with third parties as a result of the Trackers present on Forbes’ websites.
Under the proposed Settlement, Forbes will pay $10,000,000 into a Settlement Fund to resolve the
lawsuit. The Settlement Fund will be used to pay for Administration Costs, any Court-awarded
Attorneys’ Fees and Costs and Incentive Awards, and payments to Settlement Class Members.
Your rights are affected whether you do or do not act. Please read this Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS DEADLINE
SUBMIT A The only way to receive a payment from this Settlement November 9,
CLAIM is to submit a valid and timely Proof of Claim form. 2026
EXCLUDE If you exclude yourself (or “opt out”), you will not be September 24,
YOURSELF bound by the terms of the Settlement and you keep the 2026
FROM THE right to sue the Defendant about the claims resolved by
SETTLEMENT this Settlement. You will not receive a payment from
the Settlement.
OBJECT TO THE If you do not opt out of the Settlement, you may object September 24,
SETTLEMENT to it and tell the Court what you do not like about it. 2026
AND/OR ATTEND You may also ask the Court for permission to speak
A HEARING about your objection at the Final Approval Hearing. If
you object, you can still submit a Proof of Claim form.
DO NOTHING If you do nothing, you will not get a payment and you No deadline
give up the right to sue the Defendant about the claims
resolved by this Settlement.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
The Court in charge of this case still must decide whether to approve the Settlement.
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
1
WHAT THIS NOTICE CONTAINS
Basic Information 3
1. Why was this Notice issued? 3
2. What is this Action about? 3
3. What is a class action? 3
4. Why is there a Settlement? 3
Who is in the Settlement? 3
5. Who is included in the Settlement? 3
6. Are there exceptions to being included? 3
The Settlement Benefits 4
7. What does the Settlement provide? 4
8. How much will my payment be? 4
9. What claims am I releasing if I stay in the Settlement? 4
How to get Benefits – Submitting a Proof of Claim 4
10. How do I submit a Proof of Claim form to get a payment? 4
11. When will I get a payment? 4
The Lawyers Representing You 4
12. Do I have a lawyer in this case? 4
13. Should I get my own lawyer? 5
14. How will the lawyers be paid? 5
Excluding Yourself From the Settlement 5
15. How do I opt out of the Settlement? 5
Objecting to the Settlement 5
16. How do I tell the Court if I do not like the Settlement? 5
17. What is the difference between objecting and opting out? 6
The Court’s Final Approval Hearing 6
18. When is the Court’s Final Approval Hearing? 6
19. Do I have to come to the Final Approval Hearing? 6
If You Do Nothing 6
20. What happens if I do nothing at all? 6
Getting More Information 6
21. How do I get more information? 6
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
2
BASIC INFORMATION
1. Why was this Notice issued?
A Court authorized this Notice because you have a right to know about the proposed Settlement of this class
action and about all of your options before the Court decides whether to grant final approval of the
Settlement. This Notice explains the Action, your legal rights, what benefits are available, and who can
receive them.
The Action is called Berman, et al. v. Forbes Media LLC, Case No. 3:24-cv-09287-WHO pending in the
United States District Court for the Northern District of California. The people who filed this Action are
called the “Plaintiffs” and the company they sued, Forbes Media LLC (“Forbes”), is the “Defendant.”
2. What is this Action about?
This Action alleges that, from December 20, 2023 through June 11, 2026, the Defendant, Forbes Media
LLC (“Forbes”) collected Settlement Class Members’ IP addresses and/or unique identifiers, without their
consent using trackers present on Forbes’ websites (“Trackers”) and shared that information with third
parties. The collected information is used by Forbes and third parties to optimize targeted advertising
campaigns. Plaintiffs allege this was in violation of the California Invasion of Privacy Act, Cal. Pen. Code
§ 638.51, and the California Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200. Forbes denies
these allegations and denies any wrongdoing.
3. What is a class action?
In a class action, one or more individuals sue on behalf of other people with similar claims. These
individuals who sue are known as “Class Representatives” or “Plaintiff Class Representatives.” Together,
the people included in the class action are called a “Settlement Class” or “Settlement Class Members.” One
court resolves the lawsuit for all Settlement Class Members, except for those who exclude themselves
(sometimes called, “opting out”) from a settlement. In this Settlement, the Class Representatives are
Domenica Berman and Abygael Piehl.
4. Why is there a Settlement?
The Court has not decided in favor of the Plaintiffs or the Defendant. The Defendant denies all claims and
contends that it has not violated any laws. The Plaintiffs and the Defendant agreed to a Settlement to avoid
the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to claim a
payment. The Plaintiffs and their attorneys, who also represent Settlement Class Members as “Settlement
Class Counsel,” believe the Settlement is in the best interests of all Settlement Class Members.
WHO IS IN THE SETTLEMENT?
5. Who is included in the Settlement?
The Settlement Class consists of all California residents who, from December 20, 2023 to June 11, 2026,
accessed websites owned or controlled by Forbes and had their IP addresses and/or unique identifiers shared
with third parties as a result of the Trackers present on Forbes’s websites.
6. Are there exceptions to being included?
Yes. Excluded from the Settlement Class are: (1) Forbes and its parents, subsidiaries, and affiliates, and the
officers, directors, employees, and agents of any of them; (2) members of the immediate families of any
officers or directors of Forbes, and the heirs, successors, or assigns of any of the foregoing; (3) anyone
employed by Settlement Class Counsel’s law firms; (4) any judicial officer to whom this Action is assigned,
and his or her immediate family members and (5) any Person who timely and validly requests exclusion
from the Settlement Class in accordance with the procedures set forth in the Settlement Agreement.
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
3
THE SETTLEMENT BENEFITS
7. What does the Settlement provide?
Under the proposed Settlement, Forbes will pay $10,000,000 into a Settlement Fund to resolve the lawsuit.
After paying Administration Costs, any Court-awarded Attorneys’ Fees and Costs and Incentive Awards,
the remaining balance of the Settlement Fund will be used for payments to Settlement Class Members.
8. How much will my payment be?
If you are a Settlement Class Member, you may submit a Proof of Claim form to receive a portion of the
Settlement Fund. The amount of this payment will depend on how many Settlement Class Members timely
submit valid Proof of Claim forms. Each Settlement Class Member who files a valid Proof of Claim form
will receive a pro rata (proportional) share of the remaining balance of the Settlement Fund after costs,
fees, and awards are deducted (see Question 7).
9. What claims am I releasing if I stay in the Settlement?
Unless you exclude yourself from the Settlement, you cannot sue, continue to sue, or be part of any other
lawsuit against the Defendant about any of the legal claims this Settlement resolves. The Settlement
Agreement describes the “Released Claims” that you give up if you remain in the Settlement Class. The
Settlement Agreement is available at www.MediaSiteTrackerSettlement.com.
HOW TO GET BENEFITS –SUBMITTING A PROOF OF CLAIM
10. How do I submit a Proof of Claim form to get a payment?
You must submit a Proof of Claim on or before November 9, 2026 to receive a payment from this
Settlement. You may submit your Proof of Claim online at www.MediaSiteTrackerSettlement.com or by
mail, postmarked on or before November 9, 2026, to the Claims Administrator at:
Berman, et al. v. Forbes Media LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
11. When will I get a payment?
The short answer is – after the Settlement is “finally approved” and any challenges to that approval are
finally resolved. The Court is scheduled to hold the Final Approval Hearing on December 2, 2026 at 2:00
p.m. PT, to decide whether to approve the Settlement, the Attorneys’ Fees and Costs for Settlement Class
Counsel for representing the Settlement Class, and an award to the Plaintiff Class Representatives who
brought this Action on behalf of the Settlement Class.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be
filed and, if so, how long it will take to resolve them. Payments will be distributed as soon as possible, if
and when the Court grants final approval of the Settlement and after any appeals are resolved.
THE LAWYERS REPRESENTING YOU
12. Do I have a lawyer in this case?
Yes, the Court has appointed Krysta Kauble Pachman of Susman Godfrey L.L.P. and Don Bivens of Don
Bivens, PLLC to represent you and other members of the Settlement Class as Settlement Class Counsel.
You will not be charged directly for these lawyers; instead, they will receive compensation from the
Settlement Fund (subject to Court approval). If you want to be represented by your own lawyer, you may
hire one at your own expense.
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
4
13. Should I get my own lawyer?
It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you
want to be represented by your own lawyer, you may hire one at your own expense.
14. How will the lawyers be paid?
Settlement Class Counsel is entitled to ask the Court to approve attorneys’ fees of up to 25% of the
Settlement Fund ($2,500,000), plus reimbursement of expenses and costs of prosecuting the Action, as well
as a $2,500 Incentive Award for each of the Plaintiff Class Representatives for helping to bring and settle
the Action. However, the Court may award less than these amounts.
EXCLUDING YOURSELF FROM THE SETTLEMENT
15. How do I opt out of the Settlement?
If you do not want to receive a payment from the Settlement, and you want to keep your right to separately
sue the Defendant about the legal issues in this case, you must take steps to exclude yourself from the
Settlement Class. This is called “opting out” of the Settlement Class.
To exclude yourself from the Settlement, you must submit a written request for exclusion stating that you
want to be excluded from the Settlement in Berman, et al. v. Forbes Media, LLC, Case No. 3:24-cv-09287-
WHO. Your letter must include your full name, address, telephone number, email address (if any), and
signature.
Your request for exclusion must be mailed to the Claims Administrator at the address below, postmarked
no later than September 24, 2026.
Berman et al. v. Forbes Media, LLC
c/o Kroll Settlement Administration LLC
ATTN: Request for Exclusion
P.O. Box 225391
New York, NY 10150-5391
OBJECTING TO THE SETTLEMENT
16. How do I tell the Court if I do not like the Settlement?
If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if
you do not like it or a portion of it, whether that be to the benefits, the request for Attorneys’ Fees and Costs,
plus reimbursement of expenses and costs, the Incentive Awards for the Plaintiff Class Representatives, the
releases provided to the Defendant, or some other aspect of the Settlement. Through an objection, you give
reasons why you think the Court should not approve the Settlement.
To be considered by the Court, your written objection must include:
The case name and number, Berman, et al. v. Forbes Media, LLC, Case No. 3:24-cv-09287-WHO;
Your full name, address, telephone number, and email address (if any);
A written statement of all grounds for the objection accompanied by any legal support for the
objection (if any);
Copies of any papers, briefs, or other documents upon which the objection is based;
A list of all persons who will be called to testify in support of the objection (if any);
A statement of whether you intend to appear at the Final Approval Hearing; and
Your signature and the signature of your counsel.
Objections must be filed with, or mailed to, the Clerk of the Court no later than September 24, 2026 at the
address below.
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
5
Clerk of the Court
U.S. District Court for the Northern District of California
Phillip Burton Federal Building
450 Golden Gate Avenue, 16th Floor
San Francisco, CA 94102
17. What is the difference between objecting and opting out?
Objecting is telling the Court that you do not like something about the Settlement. You can object to the
Settlement only if you do not exclude yourself from it. Excluding yourself from the Settlement means telling
the Court you do not want to be part of the Settlement. If you exclude yourself or opt out of the Settlement,
you cannot object to it because the Settlement no longer affects you.
THE COURT’S FINAL APPROVAL HEARING
18. When is the Court’s Final Approval Hearing?
The Court is scheduled to hold a Final Approval Hearing on December 2, 2026 at 2:00 p.m. PT, at Phillip
Burton Federal Building, 450 Golden Gate Avenue, Courtroom 2 – 17th Floor, San Francisco, CA 94102,
to decide whether to approve the Settlement, how much in Attorneys’ Fees and Costs and expenses to award
to Settlement Class Counsel for representing the Settlement Class, and whether to approve the Incentive
Awards to the Plaintiff Class Representatives who brought this Action on behalf of the Settlement Class.
The date and time of this hearing may change without further notice. Please check
www.MediaSiteTrackerSettlement.com for updates.
19. Do I have to come to the Final Approval Hearing?
No. Settlement Class Counsel will answer any questions the Court may have. You may attend at your own
expense. If you file an objection, you may, but you do not have to come to the Final Approval Hearing to
talk about it. If you file your written objection on time and in accordance with the requirements above, the
Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
IF YOU DO NOTHING
20. What happens if I do nothing at all?
If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit,
continue a lawsuit, or be part of any other lawsuit against the Defendant and the Releasees (Forbes and
other released parties), as defined in the Settlement Agreement, about the legal issues resolved by this
Settlement. In addition, you will be bound by the Released Claims in the Settlement and will not be eligible
to receive a payment.
GETTING MORE INFORMATION
21. How do I get more information?
This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement
Agreement. The Settlement Agreement and other related documents are available at the Settlement Website,
www.MediaSiteTrackerSettlement.com.
If you have additional questions or need to update your address, you may contact the Claims Administrator
by telephone at (833) 930-0568, or by mail:
Berman, et al. v. Forbes Media, LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Questions? Call (833) 930-0568 or visit www.MediaSiteTrackerSettlement.com.
6
