Important Update: The Settlement was approved by the Court on February 24, 2009.
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 Digital Light Projection ("DLP") television models, allegedly in breach of express and implied warranties to purchasers, and in violation of the New Jersey Consumer Fraud Act. Toshiba denies any wrongdoing in connection with the sale, distribution or marketing of DLP televisions. The settlement will provide reimbursement of the cost of replacing bulbs used in the lamps on 2004 and 2005 model Toshiba DLP televisions to qualifying owners.
The Settlement Class includes:
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. Such persons 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.
Benefits to the Class
IMPORTANT UPDATE: Pursuant to the Final Approval Order entered by the Court on February 24, 2009, TACP will be extending the warranty on replacement bulbs for all of its 2004 and 2005 model DLP TVs. The warranty had originally been 180 days from the date of purchase of the replacement bulb. On April 27, 2009, a new replacement bulb warranty will go into effect for these models. The new warranty, for those bulbs purchased after April 27, 2009, will be 12 months from the date of purchase of the replacement bulb. Bulbs purchased before April 27, 2009 will still be subject to the original 180-day warranty from date of purchase of the replacement bulb.
This warranty extension, however, only applies to replacement bulbs for the 2004 and 2005 model DLP TVs included in the Settlement approved by the Court. TACP did not agree, was not ordered and has no future plans to extend the warranty on replacement bulbs for any 2006 or 2007 model DLP TVs. The warranty on replacement bulbs for those models is and will remain 180 days from the date of purchase of the replacement bulb.
If you purchased a 2004 or 2005 Toshiba model DLP television at any time between January 1, 2004, and September 18, 2008, you are a Settlement Class Member and were eligible to make a claim and seek to obtain a refund for past purchases of one or more replacement bulbs for your Toshiba DLP television. Please carefully check the list of eligible models in the Notice and Frequently Asked Questions to ensure that you qualify for a refund.
Participating in the Settlement - Your Options
- The deadline to submit a Claim Form was June 24, 2009.
- The deadline to object to the settlement, or to the application for attorneys' fees and expenses, or to opt out of the settlement was January 28, 2009. For more details, please consult the Notice or Frequently Asked Questions.
The Court held a Fairness Hearing before the Honorable Steven M. Gold at 11:00 a.m. on February 24, 2009, in Courtroom 13D of the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York. At this hearing, the Court approved the settlement as fair, reasonable and adequate. However, there may be appeals. Itís always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Please be patient.
|January 28, 2009
|Request for Exclusion Deadline (postmarked)|
|January 28, 2009
|Objection Filing Deadline|
|February 24, 2009
at 11:00 a.m.
|June 24, 2009
|Claim Form Deadline (postmarked)|