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This page provides the answers to class members' most frequently asked questions. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Pendency of Class Action and Proposed Settlement with Certain Defendants and Proof of Claim and Release Form.

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Am I being sued?
What is this litigation about?
What is a Class Action?
Why is there a settlement?
How do I know if I am part of the Settlement?
How many people are there in this class action?
What should I do?
What type of supporting documentation is acceptable?
How much will I get?
Should I get my own lawyer?
How will Class Counsel be paid?
What is the Settlement Fairness Hearing?
Do I have to attend the Settlement Hearing?
Where can I get more information?

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Top Q: Am I being sued?
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A:

No, you are not. The people being sued are Mamma.com, Inc., David Goldman, Guy Faure, Daniel Bertrand, and Irving Kott (the "Defendants").
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Top Q: What is this litigation about?
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A:

This is a class action filed in February 2005 against the Defendants on behalf of a class which is defined in the class notice. The litigation alleges that the Defendants issued materially false and misleading press releases and other statements regarding Mamma.com’s financial condition during the class period - March 2, 2004 through and including February 16, 2005 - in a scheme to artificially inflate the value of Mamma.com’s common stock. For additional details about the litigation, including details about the settlement, please refer to the class notice.

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Top Q: What is a Class Action?
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A:

In a class action, one or more people called class representatives (in this case the Lead Plaintiffs Robert Witkowski, Vivian Salem, Rocco Porreco, Kenneth Callenius and Jyuthika Golakia) sue on behalf of people who have similar claims. All these people are a class or class members. The court will resolve the common issues for everyone in the class. The lawyers representing the class are called “class counsel”.
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Top Q: Why is there a settlement?
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A:

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the risks and cost of a trial, and the people affected will receive compensation. The Class Representative and the attorneys think the settlement is best for all Class Members.
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Top Q: How do I know if I am part of the Settlement?
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A:

The Court directed, for the purposes of the proposed settlement, that everyone who fits this description is a Class Member:

all persons who purchased the common stock of Mamma.com, Inc. during the period March 2, 2004 through and including February 16, 2005 and were allegedly damaged thereby, including, but not limited to, those persons who traded in Mamma.com stock on the NASDAQ Small Cap Stock Market and/or the Third Market Segment of the Frankfurt and Berlin stock exchanges in Germany.

Excluded from the Class are the Defendants in this action, members of the Individual Defendants’ families, any entity in which any Defendant has a controlling interest or is a parent or subsidiary of or is controlled by Mamma.com, and the officers, directors, affiliates, legal representatives, heirs, predecessors, successors or assigns of any of the Defendants.

If one of your mutual funds purchased shares of Mamma.com common stock during the Class Period, that alone does not make you a Class Member. You are a Class Member only if you directly purchased shares of Mamma.com common stock during the Class Period. Check your investment records or contact your broker to see if you purchased Mamma.com common stock during the Class Period.

If you sold Mamma.com common stock during the Class Period, that alone does not make you a Class Member. You are a Class Member only if you purchased your shares during the Class Period.

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Top Q: How many people are there in this class action?
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A:

Transfer agent records indicated more than 4,300 registered owners are members of this class.
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Top Q: What should I do?
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A:

We cannot offer any advice as to what you should do. That said, you have four options:

First, to qualify for a payment, you must submit a valid Proof of Claim form. A Proof of Claim form is being circulated with the Notice. You may download a Proof of Claim form at the Case Document page of this website. Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later than August 9, 2007.

Second, you can exclude yourself from the Mamma.com settlement. Pursuant to the Notice, class members may request exclusion in writing, postmarked on or before June 14, 2007. Persons who exclude themselves will NOT receive any share of the Mamma.com settlement proceeds and will not be bound by the settlement. Detailed directions on how to exclude yourself from the Settlement begin on page 3 of the Notice.

Third, you may object and write to the court about why you do not agree with the settlement or some part of it. Persons who exclude themselves from the class are not affected by the settlement and may not object to the settlement. Detailed directions on how to object to the settlement – and to make an appearance at the Settlement Fairness Hearing – begin on page 4 of the Notice.

Lastly, you can do nothing. If you do nothing, you will receive no part of the settlement fund. You will, however, remain a member of the settlement class and will be bound by the terms of the settlement. You must submit a Proof of Claim form in order to share in the net settlement fund.

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Top Q: What type of supporting documentation is acceptable?
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  A:

Examples of acceptable supporting documentation are:

  1. A broker confirmation slip that lists the security name, name of the beneficial owner, type of transaction, the date of the transaction, the # of shares, the price per share, and the total amount of the transaction.

  2. Monthly stockbroker statements reflecting your opening and closing balances for the months specified on the claim form and all transaction activity within the class period.

  3. A statement on broker letterhead giving all detailed information found on a broker confirmation slip.

Do not send any stock certificates.

If any such documents are not in your possession, please obtain a copy or equivalent documents from your broker or tax advisor because these documents are necessary to prove and process your claim.

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Top Q: How much will I get?
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A:

In exchange for the Settlement and dismissal of the Action, Settling Defendants have agreed to create a $3,150,000 fund to be divided, after fees and expenses, among all Class Members who send in a valid Proof of Claim form. All class members who file timely and valid claims are eligible to share in the allocation of the settlement fund in accordance with the plan of allocation. The amount that any class member will receive will depend on several factors, including, for example when the class member purchased the securities and when they were sold, the size of the class members’ claim, the number of claims filed, and the total of the losses of all claims filed. Proof of Claim forms must be postmarked on or before August 9, 2007, to be considered valid. You can calculate your Recognized Claim in accordance with the formula shown in the Plan of Allocation beginning on page 6 of the Notice. It is unlikely that you will get a payment for all of your Recognized Claim. After all Class Members have sent in their Proof of Claim forms, the payment you get will be a part of the Net Settlement Fund equal to your Recognized Claim divided by the total of everyone’s Recognized Claims. See the Plan of Allocation beginning on page 6 of the Notice for more information on your Recognized Claim.

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Top Q: Should I get my own lawyer?
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A:

You do not have to hire your own lawyer because class counsel is working on behalf of all Class Members. If you want your own lawyer to separately represent your own interests, to object to the Settlement or, if you exclude yourself to bring a separate action against the Defendants, you can hire a lawyer at your own expense.
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Top Q: How will Class Counsel be paid?
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  A:
Plaintiffs’ Co-Lead Counsel are moving the Court to award all plaintiffs’ counsel attorneys’ fees from the Gross Settlement Fund in a total amount not greater than one-quarter (25%) of the Gross Settlement Fund and for reimbursement of their expenses in the approximate amount of $175,000, plus interest on such expenses at the same rate as earned by the Settlement Fund. Plaintiffs’ Co-Lead Counsel, without further notice to the Class, will subsequently apply to the Court for payment of the Claims Administrator’s fees and expenses incurred in connection with giving notice, administering the settlement and distributing the settlement proceeds to the members of the Class.
 
Top Q: What is the Settlement Fairness Hearing?
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A:

The Court will hold a Fairness Hearing at 2:00 PM on Monday, July 9, 2007, at the United States District Court for the Southern District of New York. The purpose of this hearing is to determine whether to approve the settlement of the claims against Mamma.com and the Settling Defendants in the Litigation for the sum of $3,150,000 in cash plus accrued interest as fair, reasonable, and adequate to the settlement class; whether to approve the Plan of Allocation as fair and equitable; and whether to approve the application of Lead Counsel for the payment of attorney’s fees, reimbursement of expenses, and interest thereon. The Court may adjourn or continue the Fairness Hearing without further notice to the class.

We do not know how long these decisions will take, so please be patient. You should be aware that the Court may change the date and time of the Settlement Fairness Hearing. Thus, if you want to come to the hearing, you should check with Plaintiffs’ Lead Counsel before coming to be sure that the date and/or time has not changed.

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Top Q: Do I have to attend the Settlement Hearing?
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A:

No, you do not, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you filed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. Class Members do not need to appear at the hearing or take any other action to indicate their approval.
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Top Q: Where can I get more information?
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A:

You can call the Claims Administrator toll free at 1-(888)-598-7657, or write to:

Mamma.com Securities Litigation
c/o Analytics Incorporated
Claims Administrator
P.O. Box 2002
Chanhassen, MN 55317-2002

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