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Am I being sued? |
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No, you are not being sued. |
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How do I know if I am a class member? |
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You are a class member if you own or have owned, for your own use and not for resale, a Dell Inspiron 5150 sold in the United States.
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What is this settlement about? |
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The complaint alleges that the Dell Inspiron 5150 contains design defects relating to the computer's cooling system and power supply, that result in the computer shutting down unexpectedly, failing to boot-up, and losing power. Plaintiffs allege violations of the California Consumer Legal Remedies Act ("CLRA"), common law fraudulent concealment/non-disclosure, violation of Business and Professions Code § 17200 & 17500, breach of express warranty, violations of the Song-Beverly Consumer Warranty Act, and unjust enrichment. |
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What does the Settlement provide?
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The Settlement has two parts: 100% cash reimbursement for certain repairs, and an extended limited warranty to cover those types of repairs that become necessary for one year.
First, the Settlement provides class members with 100% cash reimbursement of the amount paid to Dell or any third party to repair certain problems with their computers ("Reimbursable Repairs", as defined below). Class members whom Dell's records show paid Dell or Authorized Service Providers for Reimbursable Repairs will automatically receive cash reimbursement from Dell of the full cost of those repairs, plus any related shipping, within 90 days of final approval of the Settlement. Class members who paid someone other than Dell (or who believe they paid Dell but do not receive an automatic reimbursement) may submit claims until April 2, 2007 to obtain cash reimbursement for the cost of Reimbursable Repairs plus related shipping, if any.
Second, the Settlement provides for an extended one year limited warranty, running from September 30, 2006 through September 30, 2007, to cover those same repairs should they become necessary ("Qualifying Repairs", as defined below). |
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What are Qualifying Repairs? |
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Qualifying Repairs under the Extended Warranty are defined as: |
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Repairs to resolve messaging code M1004, which is a message the 5150 is programmed to display if it shuts down to prevent system damage; |
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Heat sink replacements; |
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AC adapter replacements necessary to resolve "insufficient power" and "cannot identify power source" messages; and |
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Motherboard replacements that are necessary to resolve "no power" or "shutdown" situations. |
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What are Reimbursable Repairs? |
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A Reimbursable Repair is a Qualifying Repair that you paid Dell or a third party to fix. |
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What are my rights?
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We can not tell you what to do. Having said that, you have five options. You may participate in the Settlement, you may exclude yourself (opt out) from the Settlement, or you may appear at the Settlement Hearing to object to the Settlement.
First, if you paid Dell for a Reimbursable Repair, and wish to be reimbursed for it, you MUST confirm your current mailing address by going to www.lundellsettlement.com/claimform.cfm. If Dell's records establish that you paid Dell for a Reimbursable Repair, and the amount of that repair, and you confirm your correct address, you will be reimbursed automatically by Dell for any such Reimbursable Repair.
Second, if you paid Dell, an Authorized Service Provider, or a Third Party (someone other than Dell) for a Reimbursable Repair, but you do not qualify for automatic reimbursement, you must file a properly documented claim by
no later than April 2, 2007. You may do so online at www.lundellsettlement.com/claimform.cfm, or by downloading a claims form at www.lundellsettlement.com/casedoc.html and sending it to Lundell Settlement Claims Administrator, P.O. Box 2004, Chanhassen MN 55317-2004. All claims for Reimbursable Repairs must be filed online, or post-marked, by April 2, 2007. No late claims will be accepted.
Third, if you have not previously paid Dell or a third party for a Reimbursable Repair, you will not be entitled to any cash payment, but will be covered by the one year extended limited warranty for Qualifying Repairs. If you experience a Qualifying Repair between September 30, 2006 and September 30, 2007, Dell will repair your computer at no charge to you. Follow the instructions below on how to file a warranty claim.
Fourth, if you do not wish to be a Class member, you may exclude yourself ("opt-out") from the Settlement by submitting a written notification to the Lundell Settlement Claims Administrator postmarked no later than November 4, 2006. If you request exclusion from the class, you will not be entitled to receive any of the benefits of the Settlement described above, you may not object to the Settlement, and you will retain any individual rights you have with respect to the claims asserted in the Actions. Please refer to the Notice for details regarding exclusion.
Fifth, you may appear at the Settlement Hearing to object to the Settlement, Class counsel's request for an award of attorneys' fees, or any aspect of the Settlement. You may only object if you do not exclude yourself from the Settlement. Please refer to the Notice for details regarding the requirements for objecting to the Settlement.
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How do I make a Warranty claim? |
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To obtain a Qualifying Repair, you must contact Dell Support, and follow Dell's protocol for shipping your laptop to a repair facility. If Dell Support determines that the unit requires a Qualifying Repair, you may ship the unit to a repair depot for repair at no expense to you. If Dell Support determines that your laptop is experiencing a "no power" or "shutdown" situation, but is unable to determine remotely whether motherboard replacement is necessary, you will be able to send the laptop to a Dell repair depot at Dell's expense. If your laptop is determined at the repair depot to be covered by the Extended Warranty, Dell will repair the unit at no charge to you. If the laptop is determined at the repair depot to not be covered by the Extended Warranty, Dell will offer to repair the laptop at your expense. If you do not want Dell to repair the laptop, or you are not willing to pay Dell to repair the laptop, Dell will require payment of its shipping and handling costs for return of the laptop to you. Information regarding how to contact Dell Support toll-free may be found at www.support.dell.com. |
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Who represents me? |
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The Court has appointed Class counsel to represent you, at no cost to you. |
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Who pays Class counsel?
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Class counsel will make an application to the Court for an award of reasonable attorneys' fees and expenses for the time and costs they have expended in this litigation and settlement on behalf of the class. Dell will pay the award the Court orders. Dell has agreed not to object to a fee and expense request in an amount up to and including $1.3 million. Class counsel has agreed not to seek an award over $3.3 million. The Court will decide how much to award to Class counsel. Whatever the final award of attorneys' fees and costs, it will not affect the compensation and relief you are entitled to under this Settlement in any way, and you do not pay Class counsel anything for their services. |
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Should I get my own lawyer?
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You do not have to hire your own lawyer because class counsel is working on your behalf. If you want your own lawyer, you can hire one, at your own expense. If you want to file your own case, you must ask to be excluded from the class action. To file a case, you must hire your own lawyer. |
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What is the Settlement Fairness Hearing?
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The Court held a hearing on December 4, 2006, at 9:00 a.m., in the United States District Court for the Northern District of California, located at 280 South 1st Street, San Jose, California 95113. The Court, in an order dated December 4, 2006, approved the Settlement as fair, reasonable, and adequate, and entered judgment thereon. The Court also approved the request of Class Counsel for an award of attorneys' fees and reimbursement of expenses. The Court further approved the request of Class Counsel for a stipend paid to the two Representative Plaintiffs, in the amount of $750 each, for the services rendered in this litigation, over and above other remedies included in the Settlement. |
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How can I obtain additional information on the case? |
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| You may obtain additional information by writing to:
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Lundell Settlement Claims Administrator
P.O. Box 2004
Chanhassen MN 55317-2004 |
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How can I contact the Class Counsel? |
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| You may communicate with them by writing to:
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LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Jonathan D. Selbin
H. John Gutierrez
275 Battery Street, 30th Floor
San Francisco, CA 94111
Telephone: (800) 949-0570
dell5150@lchb.com |
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