post #1 of 1
Thread Starter 
http://www.dlplampsettlement.com/

I just got this email:

Quote:


Ersler v. Toshiba Am., Inc., Case No. 07 cv 2304 (SMG) (E.D.N.Y.)

Notice from Federal Court. Please Read

IF YOU PURCHASED A TOSHIBA DLP TELEVISION, YOU MAY BE ELIGIBLE TO RECEIVE BENEFITS FROM A CLASS ACTION SETTLEMENT

WHAT'S THIS CASE ABOUT?

This lawsuit, Ersler v. Toshiba Am., Inc., Case No. 07 cv 2304 (SMG) (E.D.N.Y.), filed in federal district court in New York, claims that Toshiba knowingly misrepresented the life span of bulbs and lamps contained in the lamp assembly component in 2004 and 2005 DLP television models breaching expressed and implied warranties to purchasers, and violated New Jersey Consumer Fraud Act. Toshiba denies any wrongdoing in connection with the sale, distribution or marketing of DLP televisions. This notice is only a summary. A detailed notice, a full copy of the settlement agreement, and a list of all eligible DLP models may be obtained on the settlement website at www.dlplampsettlement.com.

WILL THERE BE A HEARING?

The Court will hold a fairness hearing at 10:00 a.m. on February 18, 2009, to consider whether to approve the settlement. The hearing will be held at the U.S. District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, in Courtroom 13D. You may appear at the Fairness Hearing, but it is not required.

WHO IS INCLUDED?

All persons who purchased a 2004 or 2005 model Toshiba DLP television in the United States, any time between January 1, 2004, and September 18, 2008, are Settlement Class Members and will receive a six-month warranty extension for replacement bulbs. They are also eligible to submit a claim for a cash refund for certain purchases of replacement bulbs. All claims must be made during a 90-day claims submission process that may begin as early as March 23, 2009. The date to submit a claim is determined based on the Court's orders. To find out when the claims submission period has begun visit www.dlplampsettlement.com.

WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?

If the settlement is approved by the Court, and you wish to seek a cash refund for the purchase of replacement bulbs for a 2004 or 2005 model Toshiba DLP television, you must submit a valid claim form. You must attach a proof of purchase for your television and each replacement bulb for which you seek a refund. Eligibility will be determined based on the following: (1) For all 2004 models and certain 2005 models that do not fall within a range of serial numbers (listed on the settlement website at www.dlplampsettlement.com) covered by a prior Toshiba Remediation Program, persons who experienced a single bulb failure between 12 and 18 months from the date of television purchase; (2) for all 2004 and 2005 models, persons who experienced two or more bulb failures between 12 and 24 months from date of television purchase; or (3) for owners of certain 2005 models that fall within a range of serial numbers (listed on the settlement website at www.dlplampsettlement.com) covered by the Remediation Program, persons who purchased one or more replacement bulbs between 12 and 24 months from the date of television purchase. If the settlement is approved, you will also receive a six month extension of the warranty on replacement bulbs. You can get full details on how to submit a claim and a claim form can be found on the website.

WHAT ARE THE ATTORNEYS' FEES?

Plaintiffs' counsel will ask the Court for attorneys' fees up to $215,000 and expenses up to $2,500. The Court may award less than those amounts. Toshiba has agreed to pay such attorneys' fees and expenses as may be awarded by the Court within these limits. Toshiba has further agreed to pay The Mason Law Firm, LLP ("TMLF"), which acted as Plaintiffs' Lead Counsel, up to $50,000 in additional attorneys' fees, and up to $1,000 in additional expenses, for continuing work on this action.

WHAT ARE YOUR OPTIONS?

1. You can submit a claim and request one or more cash refunds for past purchases of replacement bulbs.
2. You can object to the settlement, or to the application for attorneys' fees and expenses. Written objections must be filed with the Court and copies mailed to counsel by January 28, 2009. The detailed notice provides full details on how to object and can be found on the settlement website at www.dlplampsettlement.com. You can only object to the settlement if you purchased a 2004 or 2005 model Toshiba DLP television on or before September 18, 2008, and did not elect to opt out of the Settlement Class, as described below.
3. You can opt out of the settlement. Written request for exclusion must be mailed to counsel postmarked no later than January 28, 2009. If you opt out of the settlement, you will no longer be a Settlement Class Member, and you will not be bound by the settlement and cannot file a claim. You will, however, be able to take advantage of the extension of the warranty for replacement bulbs if the settlement is approved. The detailed notice provides full details on how to opt out and can be found on the settlement website at www.dlplampsettlement.com. You have the right to opt out of the settlement only if you purchased a 2004 or 2005 model Toshiba DLP television on or before September 18, 2008.
4. You can do nothing. If you do nothing, you will not get a cash refund and you give up rights. You will, however, be able to take advantage of the extension of the warranty for replacement bulbs if the settlement is approved.

HOW DO I GET MORE INFORMATION?

For further details, call the Settlement Helpline at 1-800-894-1766, visit the settlement website at www.dlplampsettlement.com, or write to TMLF, the complete address appears in the detailed notice.

My lamp is still ok, I have only had my 56HM195 for a little over a year. It looks like you may be able to get a warranty extension and/or a refund if you bought a new lamp, once the settlement goes through.