[0:00]
so I just saw a post that Wendover so I just saw a post that Wendover so I just saw a post that Wendover Productions is suing honey and PayPal in Productions is suing honey and PayPal in Productions is suing honey and PayPal in a class action lawsuit and I just had to a class action lawsuit and I just had to a class action lawsuit and I just had to get this to you first thing so let's get this to you first thing so let's get this to you first thing so let's take a look at what's going on it's the take a look at what's going on it's the take a look at what's going on it's the beginning of a much longer effort to beginning of a much longer effort to beginning of a much longer effort to hold honey and PayPal accountable for hold honey and PayPal accountable for hold honey and PayPal accountable for what they've done if if if they have what they've done if if if they have what they've done if if if they have actually done anything wrong in the actually done anything wrong in the actually done anything wrong in the contract sense in the legal sense 
[0:31]
contract sense in the legal sense contract sense in the legal sense certainly I think we can all agree that certainly I think we can all agree that certainly I think we can all agree that the the scam of it the misdirection of the the scam of it the misdirection of the the scam of it the misdirection of it is unethical or immoral but we kind it is unethical or immoral but we kind it is unethical or immoral but we kind of expect that from corporations in a of expect that from corporations in a of expect that from corporations in a capitalistic capitalistic capitalistic Society but still it was probably some Society but still it was probably some Society but still it was probably some kind of misleading that none of the kind of misleading that none of the kind of misleading that none of the influencers knew that honey was doing influencers knew that honey was doing influencers knew that honey was doing this and seems like maybe lonus Tech this and seems like maybe lonus Tech this and seems like maybe lonus Tech tips figured it out a couple years ago tips figured it out a couple years ago tips figured it out a couple years ago and just quietly separated their and just quietly separated their and just quietly separated their relationship with honey as you do when 
[1:02]
relationship with honey as you do when relationship with honey as you do when you are operating a major media you are operating a major media you are operating a major media Enterprise you can't go around upsetting Enterprise you can't go around upsetting Enterprise you can't go around upsetting everyone so let's take a look at what everyone so let's take a look at what everyone so let's take a look at what was filed so it's been filed in the was filed so it's been filed in the was filed so it's been filed in the United States District Court federal United States District Court federal United States District Court federal district court for the Northern District district court for the Northern District district court for the Northern District of California in the San Jose division of California in the San Jose division of California in the San Jose division well that's that's exactly where a major well that's that's exactly where a major well that's that's exactly where a major company like PayPal or honey is going to company like PayPal or honey is going to company like PayPal or honey is going to be Wendover might even be somewhere be Wendover might even be somewhere be Wendover might even be somewhere there I don't know we'll see in a moment there I don't know we'll see in a moment there I don't know we'll see in a moment when we get to that part of the lawsuit when we get to that part of the lawsuit when we get to that part of the lawsuit so this is W over Productions versus 
[1:35]
so this is W over Productions versus so this is W over Productions versus PayPal cuz I guess honey is part of PayPal cuz I guess honey is part of PayPal cuz I guess honey is part of PayPal maybe not a separate entity and PayPal maybe not a separate entity and PayPal maybe not a separate entity and it's a class action complaint for it's a class action complaint for it's a class action complaint for intentional interference with intentional interference with intentional interference with contractual relations intentional contractual relations intentional contractual relations intentional interference with prospective economic interference with prospective economic interference with prospective economic relations and for injunctive Relief relations and for injunctive Relief relations and for injunctive Relief basically business relations plaintiff W basically business relations plaintiff W basically business relations plaintiff W over Productions and businessing LLC over Productions and businessing LLC over Productions and businessing LLC plead on their own behalf and others plead on their own behalf and others plead on their own behalf and others similarly situated as a class action similarly situated as a class action similarly situated as a class action make the following allegations 
[2:06]
make the following allegations make the following allegations plaintiffs are content creators who earn plaintiffs are content creators who earn plaintiffs are content creators who earn a substantial amount of their revenue a substantial amount of their revenue a substantial amount of their revenue through contracts for promoting products through contracts for promoting products through contracts for promoting products and services plaintiffs are paid when and services plaintiffs are paid when and services plaintiffs are paid when they send followers or subscribers to they send followers or subscribers to they send followers or subscribers to purchase the products of their purchase the products of their purchase the products of their contractual Partners the final step of contractual Partners the final step of contractual Partners the final step of the transaction that pays both the the transaction that pays both the the transaction that pays both the contractual partners and the plaintiffs contractual partners and the plaintiffs contractual partners and the plaintiffs through a commission is a checkout page through a commission is a checkout page through a commission is a checkout page on a web browser plaintiffs have on a web browser plaintiffs have on a web browser plaintiffs have affiliate link which tell their Partners affiliate link which tell their Partners affiliate link which tell their Partners this sale was sent by me it is the same this sale was sent by me it is the same this sale was sent by me it is the same as a salesperson getting acknowledged as a salesperson getting acknowledged as a salesperson getting acknowledged when the customer goes to the cash 
[2:37]
when the customer goes to the cash when the customer goes to the cash register this was the uh this was the register this was the uh this was the register this was the uh this was the analogy made by was it mega mega lag analogy made by was it mega mega lag analogy made by was it mega mega lag that uh exposed this thing in the first that uh exposed this thing in the first that uh exposed this thing in the first place this case involves a scheme by place this case involves a scheme by place this case involves a scheme by defendant to unlawfully supplant defendant to unlawfully supplant defendant to unlawfully supplant affiliate links from content creators affiliate links from content creators affiliate links from content creators with its own affiliate links via honey with its own affiliate links via honey with its own affiliate links via honey thereby redirecting commission or thereby redirecting commission or thereby redirecting commission or tracking on those affiliate links to tracking on those affiliate links to tracking on those affiliate links to defendant so if you're not familiar with defendant so if you're not familiar with defendant so if you're not familiar with the scam I'll put a link to Mega lags the scam I'll put a link to Mega lags the scam I'll put a link to Mega lags video or the the big video that video or the the big video that video or the the big video that everybody was watching um honey is a 
[3:09]
everybody was watching um honey is a everybody was watching um honey is a extension a browser extension where you extension a browser extension where you extension a browser extension where you can look for coupon codes well when you can look for coupon codes well when you can look for coupon codes well when you go to look for the coupon code using the go to look for the coupon code using the go to look for the coupon code using the browser extension it changes the browser extension it changes the browser extension it changes the affiliate link it even changes the affiliate link it even changes the affiliate link it even changes the affiliate cookie so this means that wend affiliate cookie so this means that wend affiliate cookie so this means that wend over Productions has an affiliate link over Productions has an affiliate link over Productions has an affiliate link well honey replaces the affiliate link well honey replaces the affiliate link well honey replaces the affiliate link with Honey's affiliate link gives the with Honey's affiliate link gives the with Honey's affiliate link gives the customer the coupon discount which it customer the coupon discount which it customer the coupon discount which it turns out there's also Shenanigans there turns out there's also Shenanigans there turns out there's also Shenanigans there where the website and honey have control where the website and honey have control where the website and honey have control over which coupon codes the customer 
[3:40]
over which coupon codes the customer over which coupon codes the customer sees so you can actually direct honey sees so you can actually direct honey sees so you can actually direct honey not to show a coupon code if you wanted not to show a coupon code if you wanted not to show a coupon code if you wanted to uh as far as as far as I understand to uh as far as as far as I understand to uh as far as as far as I understand from from the video that I saw so if from from the video that I saw so if from from the video that I saw so if this is true then they are taking away this is true then they are taking away this is true then they are taking away the affiliate link and keeping that the affiliate link and keeping that the affiliate link and keeping that affiliate link money for themselves in affiliate link money for themselves in affiliate link money for themselves in addition to whatever else they make addition to whatever else they make addition to whatever else they make money off of in their company defendant money off of in their company defendant money off of in their company defendant PayPal owns honey honey is a browser PayPal owns honey honey is a browser PayPal owns honey honey is a browser extension which purports to find 
[4:10]
extension which purports to find extension which purports to find consumers the best deal at checkout by consumers the best deal at checkout by consumers the best deal at checkout by scanning for discount codes content scanning for discount codes content scanning for discount codes content creators whose commissions were creators whose commissions were creators whose commissions were redirected are entitled to damages under redirected are entitled to damages under redirected are entitled to damages under torous interference theories defendant torous interference theories defendant torous interference theories defendant via honey has standardized practices and via honey has standardized practices and via honey has standardized practices and procedures which all content creators procedures which all content creators procedures which all content creators are subject to the appropriate vehicle are subject to the appropriate vehicle are subject to the appropriate vehicle for recover recovery is this class for recover recovery is this class for recover recovery is this class action lawsuit so we are in San Jose action lawsuit so we are in San Jose action lawsuit so we are in San Jose District venue is proper a substantial District venue is proper a substantial District venue is proper a substantial portion of the events happened in this portion of the events happened in this portion of the events happened in this District defendant has its principal 
[4:41]
District defendant has its principal District defendant has its principal place of business in this District honey place of business in this District honey place of business in this District honey is a browser extension free to Consumers is a browser extension free to Consumers is a browser extension free to Consumers which purports to automatically look for which purports to automatically look for which purports to automatically look for discount codes when consumers shop on discount codes when consumers shop on discount codes when consumers shop on select sites to provide customers or select sites to provide customers or select sites to provide customers or consumers with the biggest savings consumers with the biggest savings consumers with the biggest savings available defendant owns and operates available defendant owns and operates available defendant owns and operates honey that's PayPal defendant has honey that's PayPal defendant has honey that's PayPal defendant has partnered with 30,000 businesses or more partnered with 30,000 businesses or more partnered with 30,000 businesses or more to include honey in the online checkout to include honey in the online checkout to include honey in the online checkout process for any consumer who has process for any consumer who has process for any consumer who has downloaded the browser extension these downloaded the browser extension these downloaded the browser extension these are defendants Merchant Partners in the are defendants Merchant Partners in the are defendants Merchant Partners in the lawsuit plaintiffs are content creators 
[5:14]
lawsuit plaintiffs are content creators lawsuit plaintiffs are content creators with large followings on YouTube with large followings on YouTube with large followings on YouTube Wendover has 4.7 million subscribers 240 Wendover has 4.7 million subscribers 240 Wendover has 4.7 million subscribers 240 videos Etc Wendover regularly partners videos Etc Wendover regularly partners videos Etc Wendover regularly partners with businesses including the merchant with businesses including the merchant with businesses including the merchant Partners to promote products in his Partners to promote products in his Partners to promote products in his videos he has partnered with businesses videos he has partnered with businesses videos he has partnered with businesses such as nordvpn ground news Audible and such as nordvpn ground news Audible and such as nordvpn ground news Audible and Brilliant when plaintiff promotes Brilliant when plaintiff promotes Brilliant when plaintiff promotes products payment comes from the business products payment comes from the business products payment comes from the business with whom he has partnered and who is with whom he has partnered and who is with whom he has partnered and who is selling the product plaintiff posts selling the product plaintiff posts selling the product plaintiff posts videos approximately twice per week videos approximately twice per week videos approximately twice per week including all videos posted across all 
[5:46]
including all videos posted across all including all videos posted across all channels and they are all monetized when channels and they are all monetized when channels and they are all monetized when plaintiff promotes a product it promotes plaintiff promotes a product it promotes plaintiff promotes a product it promotes it with a affiliate link by which it with a affiliate link by which it with a affiliate link by which viewers can access the product on the viewers can access the product on the viewers can access the product on the business's website and purchase it if business's website and purchase it if business's website and purchase it if they so choose the affiliate link tracks they so choose the affiliate link tracks they so choose the affiliate link tracks how many customers were acquired via how many customers were acquired via how many customers were acquired via plaintiff's content if you're not plaintiff's content if you're not plaintiff's content if you're not familiar with this if you click on a familiar with this if you click on a familiar with this if you click on a link from one of these Youtubers with link from one of these Youtubers with link from one of these Youtubers with like a buy this product you know they like a buy this product you know they like a buy this product you know they review a product and they have a link to review a product and they have a link to review a product and they have a link to buy the product that link might go to an 
[6:17]
buy the product that link might go to an buy the product that link might go to an official website like BH photo video for official website like BH photo video for official website like BH photo video for a video camera or something like that a video camera or something like that a video camera or something like that but when you click on a Gerald undone but when you click on a Gerald undone but when you click on a Gerald undone video with an affiliate link it goes to video with an affiliate link it goes to video with an affiliate link it goes to bhoto video slash something that tells bhoto video slash something that tells bhoto video slash something that tells it it's coming from Gerald undone or it it's coming from Gerald undone or it it's coming from Gerald undone or from some other YouTubers wover from some other YouTubers wover from some other YouTubers wover Productions uh video If you manually Productions uh video If you manually Productions uh video If you manually removed that tracking code which is just removed that tracking code which is just removed that tracking code which is just a tracking code affiliate code part of 
[6:47]
a tracking code affiliate code part of a tracking code affiliate code part of the URL if you manually remove it you the URL if you manually remove it you the URL if you manually remove it you will still get to the product page and will still get to the product page and will still get to the product page and you will still be able to buy the you will still be able to buy the you will still be able to buy the product or service and the influencer SL product or service and the influencer SL product or service and the influencer SL YouTuber whatever will not get the YouTuber whatever will not get the YouTuber whatever will not get the affiliate affiliate affiliate income this is what honey was doing income this is what honey was doing income this is what honey was doing allegedly is changing that affiliate allegedly is changing that affiliate allegedly is changing that affiliate code to their own affiliate code so they code to their own affiliate code so they code to their own affiliate code so they get the affiliate income even though you get the affiliate income even though you get the affiliate income even though you got to the website through a different got to the website through a different got to the website through a different affiliate like they said in the video affiliate like they said in the video affiliate like they said in the video it's like if you go buy something from a it's like if you go buy something from a it's like if you go buy something from a salesperson that on commission and right 
[7:20]
salesperson that on commission and right salesperson that on commission and right before the salesperson gets their before the salesperson gets their before the salesperson gets their commission some other salesperson comes commission some other salesperson comes commission some other salesperson comes along and takes the commission it it's along and takes the commission it it's along and takes the commission it it's it's Shady at best and illegal at worst it's Shady at best and illegal at worst it's Shady at best and illegal at worst the affiliate link tracking is necessary the affiliate link tracking is necessary the affiliate link tracking is necessary in determining how successful plaintiff in determining how successful plaintiff in determining how successful plaintiff was in driving traffic to the business's was in driving traffic to the business's was in driving traffic to the business's website and acquiring customers website and acquiring customers website and acquiring customers plaintiff's contractual business plaintiff's contractual business plaintiff's contractual business partners regularly evaluate whether partners regularly evaluate whether partners regularly evaluate whether plaintiffs are overperforming or plaintiffs are overperforming or plaintiffs are overperforming or underperforming regarding the business's underperforming regarding the business's underperforming regarding the business's Benchmark for average customer Benchmark for average customer Benchmark for average customer acquisition costs the businesses track acquisition costs the businesses track acquisition costs the businesses track how many customers have been acquired 
[7:51]
how many customers have been acquired how many customers have been acquired via plaintiff's affiliate link and via plaintiff's affiliate link and via plaintiff's affiliate link and divide that number into the flat fee divide that number into the flat fee divide that number into the flat fee paid to plaintiffs to determine if paid to plaintiffs to determine if paid to plaintiffs to determine if customer acquisition is less or more customer acquisition is less or more customer acquisition is less or more cost cost L via plaintiffs than the cost cost L via plaintiffs than the cost cost L via plaintiffs than the average if plaintiffs are overperforming average if plaintiffs are overperforming average if plaintiffs are overperforming if the business acquires many customers if the business acquires many customers if the business acquires many customers through the affiliate links then that through the affiliate links then that through the affiliate links then that business partner is more likely to renew business partner is more likely to renew business partner is more likely to renew contracts with plaintiffs and offer him contracts with plaintiffs and offer him contracts with plaintiffs and offer him better terms on future contracts the better terms on future contracts the better terms on future contracts the affiliate link tracking therefore plays affiliate link tracking therefore plays affiliate link tracking therefore plays a crucial part in defining the future a crucial part in defining the future a crucial part in defining the future business relationship with plaintiff's business relationship with plaintiff's business relationship with plaintiff's business partners affiliate link 
[8:23]
business partners affiliate link business partners affiliate link tracking relies on last click tracking relies on last click tracking relies on last click attribution which is a model that attribution which is a model that attribution which is a model that credits the last touch point a customer credits the last touch point a customer credits the last touch point a customer interacted with before making a purchase interacted with before making a purchase interacted with before making a purchase as the cause of the conversion so as the cause of the conversion so as the cause of the conversion so converting to a sale who's the person or converting to a sale who's the person or converting to a sale who's the person or entity that the customer last interacted entity that the customer last interacted entity that the customer last interacted with that causes the sale they get the with that causes the sale they get the with that causes the sale they get the affiliate income but here honey is affiliate income but here honey is affiliate income but here honey is taking it instead last click attribution taking it instead last click attribution taking it instead last click attribution is the industry standard and is the is the industry standard and is the is the industry standard and is the model by which all or most of 
[8:54]
model by which all or most of model by which all or most of plaintiff's business partners operate plaintiff's business partners operate plaintiff's business partners operate last click attribution relies on a last click attribution relies on a last click attribution relies on a affiliate cookies to notify businesses affiliate cookies to notify businesses affiliate cookies to notify businesses where certain sales originated from where certain sales originated from where certain sales originated from plaintiff businessing runs a similar plaintiff businessing runs a similar plaintiff businessing runs a similar operation but with separate categories operation but with separate categories operation but with separate categories of influence one Ali spagnola's Fitness of influence one Ali spagnola's Fitness of influence one Ali spagnola's Fitness outrageous has over 50,000 subscribers outrageous has over 50,000 subscribers outrageous has over 50,000 subscribers on YouTube another at Ali Spagnola has on YouTube another at Ali Spagnola has on YouTube another at Ali Spagnola has approximately 2.25 million subscribers approximately 2.25 million subscribers approximately 2.25 million subscribers for Miz spagnola's outrageous art and for Miz spagnola's outrageous art and for Miz spagnola's outrageous art and outrageous music for outrageous people 
[9:27]
outrageous music for outrageous people outrageous music for outrageous people businessing has similar affiliate businessing has similar affiliate businessing has similar affiliate agreements with third parties defendant agreements with third parties defendant agreements with third parties defendant takes advantage of last click takes advantage of last click takes advantage of last click attribution by inserting a honey popup attribution by inserting a honey popup attribution by inserting a honey popup at checkout for each customer that has at checkout for each customer that has at checkout for each customer that has installed the honey browser if the installed the honey browser if the installed the honey browser if the customer clicks on the honey link after customer clicks on the honey link after customer clicks on the honey link after clicking on plaintiff's affiliate link clicking on plaintiff's affiliate link clicking on plaintiff's affiliate link then defendants affiliate cookie then defendants affiliate cookie then defendants affiliate cookie replaces plaintiffs or that of any other replaces plaintiffs or that of any other replaces plaintiffs or that of any other content creator who uses affiliate links content creator who uses affiliate links content creator who uses affiliate links and this is the big freaking deal in and this is the big freaking deal in and this is the big freaking deal in other words if a customer clicks on one 
[9:59]
other words if a customer clicks on one other words if a customer clicks on one of plaintiff's affiliate links and then of plaintiff's affiliate links and then of plaintiff's affiliate links and then directly purchases the product the directly purchases the product the directly purchases the product the business will see that the sale business will see that the sale business will see that the sale originated from plaintiff's affiliate originated from plaintiff's affiliate originated from plaintiff's affiliate link however if the customer clicks on link however if the customer clicks on link however if the customer clicks on plaintiff's affiliate link and then the plaintiff's affiliate link and then the plaintiff's affiliate link and then the honey popup then the business tracks the honey popup then the business tracks the honey popup then the business tracks the sale as originating from honey and sale as originating from honey and sale as originating from honey and plaintiff will receive no credit for the plaintiff will receive no credit for the plaintiff will receive no credit for the purchase honey erases plaintiff's purchase honey erases plaintiff's purchase honey erases plaintiff's affiliate links and replaces it with one affiliate links and replaces it with one affiliate links and replaces it with one of its own if the consumer clicks on the of its own if the consumer clicks on the of its own if the consumer clicks on the honey popup at any point during checkout 
[10:31]
honey popup at any point during checkout honey popup at any point during checkout honey will receive credit for the honey will receive credit for the honey will receive credit for the purchase even if it did not provide any purchase even if it did not provide any purchase even if it did not provide any discount codes to the consumer even if discount codes to the consumer even if discount codes to the consumer even if it did not provide discount codes it did not provide discount codes it did not provide discount codes because honey disrupted the last click because honey disrupted the last click because honey disrupted the last click attribution for clicks that should have attribution for clicks that should have attribution for clicks that should have been attributed to plaintiffs plaintiffs been attributed to plaintiffs plaintiffs been attributed to plaintiffs plaintiffs were responsible for customer were responsible for customer were responsible for customer acquisition that was unable to be acquisition that was unable to be acquisition that was unable to be tracked by his business partners because tracked by his business partners because tracked by his business partners because honey disrupted that last click honey disrupted that last click honey disrupted that last click attribution plaintiff's performance in attribution plaintiff's performance in attribution plaintiff's performance in regard to customer acquisition has been regard to customer acquisition has been regard to customer acquisition has been artificially and negatively skewed 
[11:04]
artificially and negatively skewed artificially and negatively skewed defendants actions prevented plaintiff's defendants actions prevented plaintiff's defendants actions prevented plaintiff's business partners from counting all business partners from counting all business partners from counting all customers that were acquired via customers that were acquired via customers that were acquired via plaintiff affiliate links defendant is plaintiff affiliate links defendant is plaintiff affiliate links defendant is aware that its honey browser extension aware that its honey browser extension aware that its honey browser extension takes credit for customer acquisition takes credit for customer acquisition takes credit for customer acquisition for which it is not responsible and for for which it is not responsible and for for which it is not responsible and for which were the honey browser extension which were the honey browser extension which were the honey browser extension not in place plaintiffs and other not in place plaintiffs and other not in place plaintiffs and other content creators would be properly content creators would be properly content creators would be properly credited defendants actions have damaged credited defendants actions have damaged credited defendants actions have damaged plaintiff's relationships with business plaintiff's relationships with business plaintiff's relationships with business partners defendants actions have caused partners defendants actions have caused partners defendants actions have caused plaintiffs to receive less favorable plaintiffs to receive less favorable plaintiffs to receive less favorable contract terms from his business 
[11:34]
contract terms from his business contract terms from his business partners and or led to a failure to partners and or led to a failure to partners and or led to a failure to renew contracts with business partners renew contracts with business partners renew contracts with business partners so in other words you you you're so in other words you you you're so in other words you you you're tracking your business how good is your tracking your business how good is your tracking your business how good is your business how good is your marketing this business how good is your marketing this business how good is your marketing this is a big deal if you're not getting a is a big deal if you're not getting a is a big deal if you're not getting a return on your marketing dollars you return on your marketing dollars you return on your marketing dollars you need to change your marketing efforts or need to change your marketing efforts or need to change your marketing efforts or you're just wasting money and it's you're just wasting money and it's you're just wasting money and it's really easy to waste a lot of money on really easy to waste a lot of money on really easy to waste a lot of money on marketing or to lose a lot of money when marketing or to lose a lot of money when marketing or to lose a lot of money when marketing didn't go the way it was marketing didn't go the way it was marketing didn't go the way it was supposed to and your good product or 
[12:05]
supposed to and your good product or supposed to and your good product or service doesn't get the attention it service doesn't get the attention it service doesn't get the attention it deserves this is a big freaking deal deserves this is a big freaking deal deserves this is a big freaking deal when one company interferes with another when one company interferes with another when one company interferes with another company's ability to make money in an company's ability to make money in an company's ability to make money in an underhanded misrepresenting fraudulent underhanded misrepresenting fraudulent underhanded misrepresenting fraudulent scammy way scammy way scammy way it's it is exactly deserving of a class it's it is exactly deserving of a class it's it is exactly deserving of a class action lawsuit and I'm really glad to action lawsuit and I'm really glad to action lawsuit and I'm really glad to see that this is see that this is see that this is happening I'm sure PayPal will have its happening I'm sure PayPal will have its happening I'm sure PayPal will have its own defense I'm not saying that this is 
[12:38]
own defense I'm not saying that this is own defense I'm not saying that this is an easy win we'll go over that in a an easy win we'll go over that in a an easy win we'll go over that in a moment defendant benefited by disrupting moment defendant benefited by disrupting moment defendant benefited by disrupting last click attribution which should have last click attribution which should have last click attribution which should have been attributed to plainst by receiving been attributed to plainst by receiving been attributed to plainst by receiving credit for customer credit for customer credit for customer acquisition because defendant received acquisition because defendant received acquisition because defendant received credit for customer acquisition credit for customer acquisition credit for customer acquisition defendant benefited at plaintiff expense defendant benefited at plaintiff expense defendant benefited at plaintiff expense they're setting up some kind of unjust they're setting up some kind of unjust they're setting up some kind of unjust enrichment argument even if it's not a enrichment argument even if it's not a enrichment argument even if it's not a explicit claim now they're going to explicit claim now they're going to explicit claim now they're going to attack PayPal as a class so obviously attack PayPal as a class so obviously attack PayPal as a class so obviously everyone knows what a class action 
[13:09]
everyone knows what a class action everyone knows what a class action lawsuit is in concept you know multiple lawsuit is in concept you know multiple lawsuit is in concept you know multiple plaintiffs Sue one defendant in any plaintiffs Sue one defendant in any plaintiffs Sue one defendant in any class action the proposed leader of the class action the proposed leader of the class action the proposed leader of the class needs to make a argument for why class needs to make a argument for why class needs to make a argument for why they should have a class action why they they should have a class action why they they should have a class action why they should lead the class Etc so you have to should lead the class Etc so you have to should lead the class Etc so you have to define the class and you have to define define the class and you have to define define the class and you have to define the class in a way that limits the scope the class in a way that limits the scope the class in a way that limits the scope of the case to the appropriate people of the case to the appropriate people of the case to the appropriate people not more people than were affected by not more people than were affected by not more people than were affected by honey and not less so the class is 
[13:41]
honey and not less so the class is honey and not less so the class is defined as all persons which includes defined as all persons which includes defined as all persons which includes companies from December 29th 2022 to the companies from December 29th 2022 to the companies from December 29th 2022 to the time of class certification why because time of class certification why because time of class certification why because there's probably a 2-year statute of there's probably a 2-year statute of there's probably a 2-year statute of limitations on these kinds of limitations on these kinds of limitations on these kinds of allegations all persons who contracted allegations all persons who contracted allegations all persons who contracted with any business to promote a product with any business to promote a product with any business to promote a product or service and provided to consumers an or service and provided to consumers an or service and provided to consumers an affiliate link that led consumers to a affiliate link that led consumers to a affiliate link that led consumers to a checkout page which Incorporated the checkout page which Incorporated the checkout page which Incorporated the honey browser extension so going back 2 honey browser extension so going back 2 honey browser extension so going back 2 years anybody who did affiliate link 
[14:14]
years anybody who did affiliate link years anybody who did affiliate link whatever I I I may be in this class as whatever I I I may be in this class as whatever I I I may be in this class as well because I've had affiliate links well because I've had affiliate links well because I've had affiliate links especially with um audible not sure if especially with um audible not sure if especially with um audible not sure if honey was doing anything with audible honey was doing anything with audible honey was doing anything with audible but we'll find out about that excluded but we'll find out about that excluded but we'll find out about that excluded from this class are employees officers from this class are employees officers from this class are employees officers director of defendant attorneys peering director of defendant attorneys peering director of defendant attorneys peering in this case any judge assigned to hear in this case any judge assigned to hear in this case any judge assigned to hear this action normal the questions for the this action normal the questions for the this action normal the questions for the class are did defendants policies and class are did defendants policies and class are did defendants policies and practices effectively steal attribution practices effectively steal attribution practices effectively steal attribution from members of the class did defendant from members of the class did defendant from members of the class did defendant profit from customer acquisition which 
[14:45]
profit from customer acquisition which profit from customer acquisition which was otherwise generated by members of was otherwise generated by members of was otherwise generated by members of the class themselves instead of the class themselves instead of the class themselves instead of defendant did defendant's actions in defendant did defendant's actions in defendant did defendant's actions in stealing attribution damage the stealing attribution damage the stealing attribution damage the Creator's Creator's Creator's relationship between defendants Merchant relationship between defendants Merchant relationship between defendants Merchant partn partners and members of the class partn partners and members of the class partn partners and members of the class whether defendant intentionally damaged whether defendant intentionally damaged whether defendant intentionally damaged their relationship because their relationship because their relationship because intentional willfulness will multiply intentional willfulness will multiply intentional willfulness will multiply damages or potentially lead to sanctions damages or potentially lead to sanctions damages or potentially lead to sanctions plaintiffs are adequate Representatives plaintiffs are adequate Representatives plaintiffs are adequate Representatives yeah I think so I think we've 
[15:16]
yeah I think so I think we've yeah I think so I think we've seen we'll see in a moment who's behind seen we'll see in a moment who's behind seen we'll see in a moment who's behind this if you don't know already it's kind this if you don't know already it's kind this if you don't know already it's kind of fun you like it's went over of fun you like it's went over of fun you like it's went over Productions but it's also the damages Productions but it's also the damages Productions but it's also the damages sought by each member are such that sought by each member are such that sought by each member are such that prosecution would prove burdensome yeah prosecution would prove burdensome yeah prosecution would prove burdensome yeah it's too complex for the courts to it's too complex for the courts to it's too complex for the courts to handle every single lawsuit 30 50 100 handle every single lawsuit 30 50 100 handle every single lawsuit 30 50 100 different lawsuits when you could have different lawsuits when you could have different lawsuits when you could have 100 plaintiffs in one lawsuit instead so 100 plaintiffs in one lawsuit instead so 100 plaintiffs in one lawsuit instead so they are asking in their causes of they are asking in their causes of they are asking in their causes of action these are the claims intentional 
[15:46]
action these are the claims intentional action these are the claims intentional interference with contractual relations interference with contractual relations interference with contractual relations defendants knew contractual defendants knew contractual defendants knew contractual relationships existed between plaintiffs relationships existed between plaintiffs relationships existed between plaintiffs and the and the merchant Partners and the and the merchant Partners and the and the merchant Partners defendant knew its Merchant partners defendant knew its Merchant partners defendant knew its Merchant partners collaborated with plaintiffs and drove collaborated with plaintiffs and drove collaborated with plaintiffs and drove traffic to Merchant Partners websites traffic to Merchant Partners websites traffic to Merchant Partners websites via affiliate links defendants conduct via affiliate links defendants conduct via affiliate links defendants conduct prevented performance of plaintiffs of prevented performance of plaintiffs of prevented performance of plaintiffs of their contractual obligations or made their contractual obligations or made their contractual obligations or made performance more expensive or difficult performance more expensive or difficult performance more expensive or difficult defendant intended to disrupt the defendant intended to disrupt the defendant intended to disrupt the plaintiff performance or knew their plaintiff performance or knew their plaintiff performance or knew their actions made things more expensive or 
[16:18]
actions made things more expensive or actions made things more expensive or difficult or impossible defendants difficult or impossible defendants difficult or impossible defendants interference harmed plaintiffs by interference harmed plaintiffs by interference harmed plaintiffs by artificially and negatively skewing the artificially and negatively skewing the artificially and negatively skewing the data regarding customer acquisition via data regarding customer acquisition via data regarding customer acquisition via affiliate links causing members of the affiliate links causing members of the affiliate links causing members of the class to appear to to Merchant Partners class to appear to to Merchant Partners class to appear to to Merchant Partners to underperform relative to actual to underperform relative to actual to underperform relative to actual customer acquisition defendants conduct customer acquisition defendants conduct customer acquisition defendants conduct was a substantial factor in causing was a substantial factor in causing was a substantial factor in causing plaintiffs harm and the class and by plaintiffs harm and the class and by plaintiffs harm and the class and by virtue of the foregoing plaintiffs and virtue of the foregoing plaintiffs and virtue of the foregoing plaintiffs and members have been harmed in an amount members have been harmed in an amount members have been harmed in an amount that exceeds $5 million that's the class that exceeds $5 million that's the class that exceeds $5 million that's the class it it could be proven to be much more 
[16:50]
it it could be proven to be much more it it could be proven to be much more than that the second cause of action than that the second cause of action than that the second cause of action intentional interference with intentional interference with intentional interference with prospective economic relations it's prospective economic relations it's prospective economic relations it's going to be relatively the same thing going to be relatively the same thing going to be relatively the same thing you you interfered with existing you you interfered with existing you you interfered with existing relations you interfered with relations you interfered with relations you interfered with prospective relations another $5 million prospective relations another $5 million prospective relations another $5 million claim basically if we are claim basically if we are claim basically if we are underperforming as YouTuber influencers underperforming as YouTuber influencers underperforming as YouTuber influencers as social media influencers uh you know as social media influencers uh you know as social media influencers uh you know you're not going to hire us you're going you're not going to hire us you're going you're not going to hire us you're going to hire us for less money or you're not to hire us for less money or you're not to hire us for less money or you're not going to hire us so therefore you've 
[17:22]
going to hire us so therefore you've going to hire us so therefore you've interfered with prospective economic interfered with prospective economic interfered with prospective economic relations injunctive relations injunctive relations injunctive relief plaintiff also seeks injunctive relief plaintiff also seeks injunctive relief plaintiff also seeks injunctive relief which is appropriate where there relief which is appropriate where there relief which is appropriate where there is a threat of continuing misconduct is a threat of continuing misconduct is a threat of continuing misconduct these paragraphs themselves are not these paragraphs themselves are not these paragraphs themselves are not going to be enough to get injunctive going to be enough to get injunctive going to be enough to get injunctive relief so we're going to see a motion relief so we're going to see a motion relief so we're going to see a motion for in the injunctive relief uh for a for in the injunctive relief uh for a for in the injunctive relief uh for a preliminary injunction uh very soon um I preliminary injunction uh very soon um I preliminary injunction uh very soon um I guess whenever they feel like it but uh guess whenever they feel like it but uh guess whenever they feel like it but uh yeah a motion for um preliminary 
[17:54]
yeah a motion for um preliminary yeah a motion for um preliminary injunction to ask the court to order injunction to ask the court to order injunction to ask the court to order PayPal or honey to stop conducting PayPal or honey to stop conducting PayPal or honey to stop conducting operations like this while we have the operations like this while we have the operations like this while we have the litigation so they're asking for in litigation so they're asking for in litigation so they're asking for in their prayer for Relief proper class their prayer for Relief proper class their prayer for Relief proper class proper class action an award of Damages proper class action an award of Damages proper class action an award of Damages actual damages nominal consequential actual damages nominal consequential actual damages nominal consequential punitive exemplary damages as Allowed by punitive exemplary damages as Allowed by punitive exemplary damages as Allowed by law to be determined at trial a law to be determined at trial a law to be determined at trial a permanent injunction ordering defendant permanent injunction ordering defendant permanent injunction ordering defendant to stop replacing affiliate cookies and to stop replacing affiliate cookies and to stop replacing affiliate cookies and links prejudgment interest post-judgment 
[18:26]
links prejudgment interest post-judgment links prejudgment interest post-judgment interest statutorily enhanced fees interest statutorily enhanced fees interest statutorily enhanced fees attorney's fees cost litigation attorney's fees cost litigation attorney's fees cost litigation expenses all other findings and expenses all other findings and expenses all other findings and determinations identified and sought determinations identified and sought determinations identified and sought leave to amend and any other relief and leave to amend and any other relief and leave to amend and any other relief and it is filed by Christensen Law Group ekm it is filed by Christensen Law Group ekm it is filed by Christensen Law Group ekm and legal eagle the eagle team LLP Devin and legal eagle the eagle team LLP Devin and legal eagle the eagle team LLP Devin Stone right there so I think that's Stone right there so I think that's Stone right there so I think that's pretty awesome we go up to the top there pretty awesome we go up to the top there pretty awesome we go up to the top there you can see all of their official you can see all of their official you can see all of their official everything's looks like it's a it's a 
[18:57]
everything's looks like it's a it's a everything's looks like it's a it's a multi- attorney effort to hold PayPal multi- attorney effort to hold PayPal multi- attorney effort to hold PayPal accountable for what they've what accountable for what they've what accountable for what they've what they've been doing I did not know that they've been doing I did not know that they've been doing I did not know that they were doing this it sounds like they were doing this it sounds like they were doing this it sounds like everybody else didn't know they were everybody else didn't know they were everybody else didn't know they were doing this and those that found out doing this and those that found out doing this and those that found out about it quietly ended their about it quietly ended their about it quietly ended their relationships with PayPal honey uh in relationships with PayPal honey uh in relationships with PayPal honey uh in the in that in in that sense I don't the in that in in that sense I don't the in that in in that sense I don't mean that nobody ever used PayPal again mean that nobody ever used PayPal again mean that nobody ever used PayPal again I'd love it if I if I could stop but I'd love it if I if I could stop but I'd love it if I if I could stop but it's a large company and so this is a it's a large company and so this is a it's a large company and so this is a kind of a David and Goliath situation 
[19:29]
kind of a David and Goliath situation kind of a David and Goliath situation even even large influencers like even even large influencers like even even large influencers like Wendover are still in the dark that this Wendover are still in the dark that this Wendover are still in the dark that this was happening until it was revealed when was happening until it was revealed when was happening until it was revealed when someone found out that this was someone found out that this was someone found out that this was happening so when over productionist happening so when over productionist happening so when over productionist doesn't have to have a contract with doesn't have to have a contract with doesn't have to have a contract with honey or terms of service with PayPal or honey or terms of service with PayPal or honey or terms of service with PayPal or whatever uh even if there's no contract whatever uh even if there's no contract whatever uh even if there's no contract between the plaintiffs and PayPal for between the plaintiffs and PayPal for between the plaintiffs and PayPal for this for influencer sponsorship or this for influencer sponsorship or this for influencer sponsorship or whatever they were also altering whatever they were also altering whatever they were also altering affiliate links based on the US having 
[19:59]
affiliate links based on the US having affiliate links based on the US having the extension so like the user could the extension so like the user could the extension so like the user could view something on YouTube and then go to view something on YouTube and then go to view something on YouTube and then go to try to purchase it and be using honey try to purchase it and be using honey try to purchase it and be using honey and Wendover has nothing to do with and Wendover has nothing to do with and Wendover has nothing to do with honey the entire time so yes that's a honey the entire time so yes that's a honey the entire time so yes that's a very good point um the contract doesn't very good point um the contract doesn't very good point um the contract doesn't matter I'm looking forward to seeing matter I'm looking forward to seeing matter I'm looking forward to seeing this play out I doubt PayPal will settle this play out I doubt PayPal will settle this play out I doubt PayPal will settle so I hope it's not a quiet settlement so I hope it's not a quiet settlement so I hope it's not a quiet settlement but rather like a loud win um at the but rather like a loud win um at the but rather like a loud win um at the same time you'll also notice the lawyers 
[20:29]
same time you'll also notice the lawyers same time you'll also notice the lawyers the way we conduct ourselves when we're the way we conduct ourselves when we're the way we conduct ourselves when we're not representing someone is different not representing someone is different not representing someone is different from the way we conduct ourselves when from the way we conduct ourselves when from the way we conduct ourselves when we are repes representing someone um I we are repes representing someone um I we are repes representing someone um I can I can talk a heck of a lot more can I can talk a heck of a lot more can I can talk a heck of a lot more about the wind over Productions lawsuit about the wind over Productions lawsuit about the wind over Productions lawsuit than probably the lawyers that are than probably the lawyers that are than probably the lawyers that are involved of course legal legal is going involved of course legal legal is going involved of course legal legal is going to make a video but it's going to be to make a video but it's going to be to make a video but it's going to be very carefully made because he has to be very carefully made because he has to be very carefully made because he has to be very careful what he can say you don't very careful what he can say you don't very careful what he can say you don't want to say something pre- litigation want to say something pre- litigation want to say something pre- litigation that can then be brought into the that can then be brought into the that can then be brought into the litigation um anything any a video that litigation um anything any a video that litigation um anything any a video that legal eal makes or or whatever all of 
[21:01]
legal eal makes or or whatever all of legal eal makes or or whatever all of that could end up being evidence that is that could end up being evidence that is that could end up being evidence that is discoverable during the litigation and discoverable during the litigation and discoverable during the litigation and could be discussed as part of a trial or could be discussed as part of a trial or could be discussed as part of a trial or summary judgment motion it could be summary judgment motion it could be summary judgment motion it could be something brought up before a jury so something brought up before a jury so something brought up before a jury so you have to be very careful that's one you have to be very careful that's one you have to be very careful that's one of the reasons I'm making this video is of the reasons I'm making this video is of the reasons I'm making this video is so you can see what my impression was so you can see what my impression was so you can see what my impression was separately from the attorneys actually separately from the attorneys actually separately from the attorneys actually involved who will be acting on behalf of involved who will be acting on behalf of involved who will be acting on behalf of their client their client their client first that's their fiduciary duty so 
[21:33]
first that's their fiduciary duty so first that's their fiduciary duty so very interesting situation I hope it's very interesting situation I hope it's very interesting situation I hope it's something that works out for the something that works out for the something that works out for the plaintiffs and it will be enjoyable for plaintiffs and it will be enjoyable for plaintiffs and it will be enjoyable for all of us to watch and follow and all of us to watch and follow and all of us to watch and follow and learn so I hope that uh you found that learn so I hope that uh you found that learn so I hope that uh you found that interesting let me know what you think interesting let me know what you think interesting let me know what you think in the comments in the comments in the comments below oh and Happy New Year