Date v. Sony Electronics, Inc. & ABC Appliance, Inc., Case No. 07 CV 15474,United States District Court for the Eastern District of Michigan
NOTICE OF CLASS ACTION SETTLEMENT
Plaintiff filed a lawsuit in federal district court against Sony Electronics and ABC Appliance ("Defendants") relating to Sony Grand Wega SXRD rear-projection television models KDS-R5OXBR1 and KDS-R6OXBR1. Plaintiff alleged that Defendants represented and advertised that the Televisions had a 1080p display resolution, but that these representations were misleading because the televisions were incapable of accepting input of 1080p signals and could not accept and display video content at 1080p resolution via the televisions' PC and HDMI Input.
Defendants deny these claims and deny liability to Plaintiff and the proposed class of consumers. However, to avoid the uncertainties and further expense of litigation and trial, the parties have reached a settlement, which was preliminarily approved by the Court.
This website describes the case and the settlement reached between Plaintiffs and Defendants.
The settlement includes all United States end user consumers who purchased, or received as a gift from the original retail purchaser, a KDS-R5OXBR1 or KDS-R6OXBR1 television.
All class members who send in a valid claim form CLICK HERE FOR CLAIM FORM establishing that they own both (1) one of these televisions and (2) a 1080p output device like a Blu-ray player or 1080p-capable laptop computer or gaming device will be eligible to receive a $60.00 gift card that does not expire and is redeemable for the purchase of any item available on the store.sony.com website or at a Sony retail store. All claim forms must be received by the claims administrator at the address provided in the claim form by no later than June 10, 2013 to be valid.
A sample list of qualifying 1080p output devices is included in this Notice. If you do not own a 1080p output device, you will not be eligible to receive a benefit, but you will remain in the settlement class (and release your claims in this litigation, all of which relate to the 1080p capabilities of the televisions) unless you choose to opt out of the settlement. Your options are further described below.
We have tried to design this website to help you get information about the proposed settlement of this case. If necessary, however, you can also contact Class Counsel for further information:
This case is currently pending in the United States District Court for the Eastern District of Michigan before Judge Borman. To see a copy of the Plaintiffs Complaint, click here. To see a copy of the Defendants' Answers and Defenses, click here: answers part 1 | answers part 2.
To see a copy of the Settlement Agreement reached between the parties, click here. The Court has certified a class for settlement purposes and preliminarily approved a class action settlement. To see a copy of the Preliminary Approval Order, click here.
The links below provide information about who is a Class Member, the terms of the Settlement Agreement and how Class Members can participate in, object to, or exclude themselves from, the class action settlement of this case:
To find out if you are a Class Member, click here.
The Settlement Class is defined as all United States end user consumers who purchased, or received as a gift from the original retail purchaser, a KDS- R5OXBR1 or KDS-R6OXBR1 television. The Settlement Class does not include any person/entity who purchased or acquired a TELEVISION for resale or commercial use.
If you want to receive money from the Settlement Fund, click here.
If you do not want to be a Class Member (or receive any money from the Settlement Fund), click here.
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from Date v. Sony Electronics Inc. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request, received by no later than June 10, 2013 to: Class Counsel, Lance Raphael of the Consumer Advocacy Center, P.C., 180 West Washington, Suite 700, Chicago, Illinois 60602.
You must exclude yourself in writing, not by phone. If you ask to be excluded, you will not get a settlement benefit, and you cannot object to the settlement. However, you will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Sony or ABC Appliance in the future.
If you want to object to the settlement of this case as a class action or to the terms of the Settlement Agreement, click here.
If you are a settlement class member, you can object to the settlement if you do not like any part of it. However, you must give reasons why you think the Court should not approve the settlement and the Court will consider your views. To object, you must send a letter explaining that you object to the proposed settlement of Date v. Sony Electronics Inc. Be sure to include your name, address, telephone number, your signature, and a written statement of the reasons you object to the settlement. Mail the objection to the following addresses, which must be received by no later than June 10, 2013: