CLASS ACTION SETTLEMENT AND INFORMATION WEB SITE.
If you are a consumer in the United States who purchased or received as a gift an SXRD rear projection high definition television model KDS-R50XBR1 or KDS-R60XBR1 (the "Televisions"), this web site contains information about your legal rights regarding the settlement of a lawsuit (the "Settlement") involving the SXRD Televisions in the United States District Court for the Southern District of New York. Please also read the full Notice of Proposed Class Action Settlement (the "Notice") linked below in its entirety for more information.
The Settlement has now become Final according to its terms and its benefits will be made available to members of the Class. In addition to certain other benefits, described below, Sony has now extended the extend its manufacturer’s limited warranty on the optical block of the Televisions until June 30, 2009 with in-home service.
BACKGROUND INFORMATION
Summary of the Litigation and Settlement
A class action lawsuit (the "Lawsuit") was filed against Sony Electronics Inc., Sony Corporation and Sony Corporation of America (collectively, "Sony") concerning an alleged defect in the optical block of the SXRD rear projection high definition television model numbers KDS-R50XBR1 and KDS-R60XBR1 (the "Televisions") and alleged discolorations in the Televisions’ picture display. This web site provides information about the Class Action Settlement of the Lawsuit. The Court in charge of the case is the United States District Court for the Southern District of New York, and the case is known as: In re Sony SXRD Rear Projection Television Class Action Litigation, Case No. 06 Civ. 5173 (RPP).
Settlement Class Members
For purposes of the Settlement only, the Court certified a Class of "all end user consumers in the United States who purchased or received as a gift" the SXRD rear projection high definition television model numbers KDS-R50XBR1 and KDS-R60XBR1. The Class excludes: (a) Sony, its affiliates, and their employees and immediate family members; (b) persons or entities who purchased or acquired a Television for commercial use or resale; (c) persons or entities who are claims aggregators; (d) persons or entities who claim to be an assignee of rights associated with the Televisions; and (e) persons or entities who exclude themselves from the Settlement as described below.
DOCUMENTS AND DEADLINES
| Notice of Proposed Class Action Settlement (PDF) | |
| Class Action Settlement Agreement (PDF) | |
| Opinion and Order Approving Settlement (PDF) | |
| Final Approval Order and Judgment (PDF) | |
| Effective Date of the Settlement | June 3, 2008 |
| Deadline to Submit Proof of Claim for Optical Block Repair Expense Reimbursement | December 1, 2008 |
| Deadline to Submit Request for Confirmation of Reimbursement and Cancellation of Sony or Service Net Solutions Extended Service Plan | August 5, 2008 |
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FREQUENTLY ASKED QUESTIONS
Q1. What is the Lawsuit about?
A1. The Complaint in the Lawsuit asserts that the Televisions contain a characteristic, inherent, and latent defect in a component known as the optical block, that causes green blobs, yellow stains, green haze, yellow lines, and other discolorations to be displayed on the screens, and that Sony’s attempts to fix the alleged defect have resulted in, among other things, a softer and washed out picture, lack of color uniformity, poorer rendition of dark colors, "blotchy" rendition of the color black, problems with "grayscale," and convergence problems. Sony denies any wrongdoing in connection with the claims in the Lawsuit and the Court has not made any ruling on the validity of those claims.
Q2. What Sony SXRD Televisions are covered by the Settlement?
A2. The following models are covered by the Settlement:
- KDS-R50XBR1
- KDS-R60XBR1
Q3. Who is in the Class?
A3. For purposes of the Settlement only, the Court certified a Class of all end user consumers in the United States who purchased or received as a gift the SXRD rear projection high definition television model numbers KDS-R50XBR1 or KDS-R60XBR1. The Class excludes: (a) Sony, its affiliates, and their employees and immediate family members; (b) persons or entities who purchased or acquired a Television for commercial use or resale; (c) persons or entities who are claims aggregators; (d) persons or entities who claim to be an assignee of rights associated with the Televisions; and (e) persons or entities who exclude themselves from the Settlement.
Q4. Why is this a class action and why was it settled?
A4. In a class action, one or more people, called Class Representatives, sue on behalf of people who have similar claims. All of these people are part of the Class (also called Class Members). In a class action, one court resolves the issues raised in a single Lawsuit for all Class Members, except for those who exclude themselves from the Class. The Court has not decided in favor of either side in this case, and Sony has not agreed or admitted that it has done anything wrong. Instead, both sides have negotiated and agreed to the Settlement. That way, they avoid the cost and risk of going to trial and the people affected will get compensation. The attorneys for the Class have extensively investigated and researched the issues in the Lawsuit, and together with the Class Representatives think the Settlement is best for all Class Members. The court can approve the settlement by order dated May 1, 2008.
Q5. What benefits does the Settlement provide?
A5. The Settlement provides for Sony to offer the following benefits, with proper documentation:
- An extension of the limited warranty to provide in-home service or replacement of the optical block in your Television until June 30, 2009, and special benefits in fulfilling this warranty extension.
- The refund of expenses incurred to replace the optical block in your Television.
- The refund of money paid after July 15, 2006 for an extended service plan for your Television from Sony or its extended service plan provider, Service Net Solutions, and cancellation of that extended service plan, if you so choose.
- The refund of money paid to Sony for the exchange of your Television for an XBR2, A2000, or A2020 SXRD model television, if you required more than one repair of the optical block in your Television.
Please read the Notice for more information about these benefits and what you need to do to receive them.
Q6. How do I participate in the Settlement?
A6. If you wish to participate in the Settlement, you do not need to do anything, although if you wish you receive a refund of certain moneys paid in connection with your replacement of your Television’s optical block, your purchase of certain extended service plans from Sony or Service Net Solutions, or your exchange/upgrade of your Television for an XBR2, A2000, or A2020 SXRD model television, you may have options that will require to you submit forms and/or documents. Please read the Notice for more details.
Q7. What special benefits are available in connection with the warranty extension on the optical block of the Televisions until June 30, 2009?
A7. Sony will maintain a dedicated toll-free telephone number at (866) 850-8674 for you to obtain a telephone diagnosis and, if necessary, warranty repair of your Television. In addition, Sony will train and maintain a dedicated team of technical representatives to respond to calls to the dedicated toll-free telephone number and to arrange for any necessary repair to your Television. If you contact Sony through the dedicated toll-free telephone number between June 3, 2008 and June 30, 2009, and Sony is unable to ship a necessary replacement optical block within 14 days following the initial telephone diagnosis by Sony, you will have the option to exchange your Television for a remanufactured SXRD XBR1 Television, so that you do not have to wait for the replacement optical block. Please read the Notice for more details.
Q8. How can I receive a refund of expenses incurred to replace the optical block in my Television?
A8. To receive a reimbursement for money you paid for a replacement of the optical block in your Television, including any money you paid to ship your Television to an authorized service center to repair the optical block, you must submit a valid "proof of claim" by December 1, 2008. To submit a valid proof of claim, you must send the settlement administrator: (i) a completed proof of claim form, in the form attached to Full Notice, including your name, address, the serial number of your Television, and a written promise that you personally paid the charge for which you are seeking reimbursement and that this charge has not already been reimbursed by Sony; and (ii) a legible copy of receipt(s) showing the shipping and/or repair charge. Sony will mail a reimbursement check to you within six (6) weeks after receipt of a valid proof of claim or by July 15, 2008, whichever is later. The address of the settlement administrator is:
Sony - SXRD Settlement Administrator
12451 Gateway Boulevard
Fort Myers, Florida 33913
Please read the Notice for more details.
Q9. How can I receive a refund of money paid after July 15, 2006 for an extended service plan from Sony of Service Net Solutions and cancel that extended service plan?
A9. If you purchased an extended service plan from Sony or Service Net Solutions after July 15, 2006 and before June 3, 2008, then by June 24, 2008, Sony will mail to you a request for confirmation that you wish to cancel your extended service plan and receive a refund of money you paid to purchase that plan. To receive this refund, you must mail the signed request for confirmation to the settlement administrator by August 5, 2008. Sony will mail your refund check within six (6) weeks after receipt of your signed request for confirmation and will arrange to cancel your extended service plan upon the mailing of such a check. If you wish to keep your extended service plan, and not get a refund, don't do anything when you receive the request for confirmation. Please read the Notice for more details.
Q10. How can I receive a refund of money paid for the exchange of my Television for an XBR2, A200 or A2020 SXRD model television, if I required more than one repair of the optical block in my Television?
A10. If you required more than one repair of the optical block in your Television before June 3, 2008, Sony will reimburse you for any money you paid to Sony prior to June 3, 2008 in connection with Sony’s customer service staff accommodating an exchange/"upgrade" of your Television for an XBR2, A2000, or A2020 model SXRD television. Sony has records of such payments, and will automatically refund any money that may be owed to you by mailing a check to you by July 15, 2008. Please read the Notice for more details.
Q11. Do I need to hire an attorney?
A11. You do not need to hire your own attorney. The Court appointed the law firms of Robert I. Lax & Associates, Lange & Koncius, LLP, and The Herskowitz Law Firm LLP to represent you and the other Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers.
Q12. How can I contact Class Counsel?
A12. You can contact Robert I. Lax, Robert I. Lax & Associates, 380 Lexington Avenue, 31st Floor, New York, New York 10168.
Q13. Do I need to pay Class Counsel?
A13. No, you do not. Class Counsel will ask the Court for payment of their attorneys’ fees and the expenses that they have incurred in this Lawsuit, of up to $1,600,000.00. After the parties reached agreement on the terms of this Settlement, the amount of attorneys’ fees was mediated with the assistance of Hon. Richard C. Neal (Ret.). Sony has agreed to pay this amount, which will not reduce the benefits made available to the Class under the Settlement.
Q14. How can I get more information about the Settlement?
A14. More details about the Settlement can be found in the Notice and in the Settlement Agreement, both available on this web site.
You may also write with questions to Class Counsel, Robert I. Lax, Robert I. Lax & Associates, 380 Lexington Avenue, 31st Floor, New York, New York 10168.