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Frequently Asked Questions






What is 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 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 DLP televisions to qualifying owners and resolves a lawsuit over whether Toshiba America Consumer Products, L.L.C. and its parent company, Toshiba America, Inc. (collectively, "Toshiba") misstated the average useful life of the bulbs contained in the lamps of its DLP televisions.

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Why is there a settlement?

The Court did not decide in favor of either plaintiffs or Toshiba. Instead, both sides agreed to a settlement. That way, they avoid the uncertainty and cost of a trial, and those included in the Settlement Class and others will get an opportunity to receive cash refunds for replacement bulb purchases and an extended warranty on replacement bulbs for their television models. The Class Representatives and the attorneys appointed by the Court to represent the Class believe that the settlement is in the best interests of all Settlement Class Members.

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How do I know if I am part of the settlement?

You are entitled to settlement benefits if you purchased a 2004 or 2005 model Toshiba DLP television between January 1, 2004, and September 18, 2008. All such owners will receive the benefit of an extension of the warranty on replacement bulbs for these television models from six months to 12 months. In addition, certain owners of those models will also be able to receive cash refunds for purchases of replacement bulbs that they made in the past.

Owners of 2006 and 2007 model Toshiba DLP televisions are not included in the settlement and are not entitled to any settlement benefits. Please consult the full Notice for more details.

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What Toshiba model DLP televisions are included?

Any of the following 2004 or 2005 model Toshiba DLP televisions: 44HNHM84, 46HM84, 46HM94, 46HM94P, 52HM84, 52HMX84, 52HM94, 52HMX94, 62HM84, 62HM94, 62HMX84, 62HMX94, 62HM194, 46HM85, 46HM95, 46HMX85, 52HM85, 52HM95, 52HMX85, 52HMX95, 56HM195, 56MX195, 62HM85, 62HM95, 62HMX85, 62HMX95, 62HM195, 62MX195, 62HM15, 62HM15A, 62HM15B, 72HM195, and 72MX195.

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Which serial numbers were covered by a prior Toshiba Remediation Program and are not eligble for a cash refund for the purchase of replacement bulbs?

All 2004 and certain 2005 models in the following serial number ranges:

Remediation Program
Serial Number Range
26300001  to  26323454
25500001  to  25530961
26400001  to  26405035
27800001  to  27807726
28300003  to  28303667
29900001  to  29909118
27900001  to  27902517
26000001  to  26018100
26500001  to  26502911
28400001  to  28403617
29500001  to  29502301

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Which serial numbers were covered by a prior Toshiba Remediation Program but are eligible for a cash refund for the purchase of replacement bulbs?

Certain 2005 models for which one or more replacement bulbs were purchased between 12 and 24 months from the date of television purchase and with a serial number in the following serial number ranges:

Remediation Program
Serial Number Range
26300001  to  26323454
25500001  to  25530961
26400001  to  26405035
27800001  to  27807726
28300003  to  28303667
29900001  to  29909118
27900001  to  27902517
26000001  to  26018100
26500001  to  26502911
28400001  to  28403617
29500001  to  29502301

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Are there exceptions to being included in the settlement?

Toshiba and its officers, directors, employees, and attorneys are not included in the Settlement Class. Federal judges and their families are also excluded. If you are not sure whether you are included in the Settlement Class, you may call plaintiffs' counsel, The Mason Law Firm, LLP, at (202) 429-2290, or the Claims Administrator at 1 (800) 894-1766, and ask for assistance.

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What does the settlement provide?

The settlement provides an extension of the warranty on replacement bulbs purchased for 2004 and 2005 model Toshiba DLP televisions from its present period of six months, for an additional six months, or a total of 12 months from the date of purchase of the replacement bulb. This warranty extension will be implemented by Toshiba if the settlement is finally approved by the Court, and you will not need to do anything to take advantage of the extended warranty. Owners of 2004 and 2005 model Toshiba DLP televisions who make a claim under this extended replacement bulb warranty after the Settlement Effective Date and within that warranty period will receive a free replacement bulb.

In addition, certain qualifying 2004 and 2005 Toshiba DLP television owners will also be able to receive cash refunds for certain purchases of replacement bulbs that they made in the past. Please see below to determine whether you qualify for such a refund.

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How can I get a cash refund for a replacement bulb that I purchased in the past?

Not every owner of a 2004 and 2005 model Toshiba DLP television will qualify for a cash refund for past purchases of replacement bulbs. Replacement bulbs purchased within 12 months of the date of purchase of all 2004 and 2005 model Toshiba DLP televisions were already covered by the warranty issued with the television at the time of purchase, and you should not have been charged for purchasing such a bulb. Moreover, replacement bulbs purchased within 24 months of the date of purchase of certain 2005 model Toshiba DLP televisions that fall within a range of serial numbers listed above were also covered under the warranty, through a warranty extension offered pursuant to Toshiba's Remediation Program in March 2006.

Under the settlement, owners of all 2004 model Toshiba DLP televisions, and owners of those 2005 model Toshiba DLP televisions that do not fall within the range of serial numbers covered by the Remediation Program, who experienced a single bulb failure outside of the 12-month warranty period, but within 18 months from the date of purchase of the television, will be eligible to receive a cash refund for the purchase of the replacement bulb.

Owners of all 2004 and 2005 model Toshiba DLP televisions who experienced two or more bulb failures outside the 12-month warranty period, but within 24 months from the date of purchase of the television, will also be eligible to receive cash refunds for their purchases of replacement bulbs.

Finally, owners of those 2005 model Toshiba DLP televisions that fall within the range of serial numbers covered by the Remediation Program, and who purchased one or more replacement bulbs outside of the 12-month warranty period, but within 24 months from the date of purchase of the television, will also be eligible to receive cash refunds for their purchases of a replacement bulb or bulbs.

If you fall into one of the above categories and wish to seek a refund for one or more replacement bulbs that you purchased, you will need to submit a Claim Form to Toshiba to claim your refund, and to provide proof of purchase of your television and for each replacement bulb for which you seek a refund.

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What do I do if I do not want to be included in the settlement?

The postmark deadline to submit an exclusion or opt out of the settlement was January 28, 2009.

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What happens if I did not opt out before January 28, 2009?

If the proposed settlement is approved and you are a Settlement Class Member who did not properly and timely exclude yourself from the class, all bulb-related or lamp-related claims that you may have now or in the future against Toshiba will be WAIVED AND RELEASED, and you will be prohibited from bringing any such claims in the future on your own behalf, as provided in the Settlement Agreement. On the other hand, you will receive benefits from the settlement, including an extension of the warranty on replacement bulbs for 2004 and 2005 model DLP televisions from six months to 12 months, and the ability to submit a claim for reimbursement of the costs of purchasing one or more replacement bulbs for 2004 and 2005 model DLP televisions.

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How do I tell the Court that I like or don't like the settlement?

Objections must have been received no later than January 28, 2009.

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When and where will the Court decide whether to approve the settlement?

The Court will hold 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 will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court also may decide how much to pay plaintiffs' counsel. After the hearing, the Court will decide whether to grant final approval of the settlement. We do not know how long these decisions will take.

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May I speak at the hearing?

That will be up to Magistrate Judge Gold. You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must have sent a letter saying that it is your "Notice of Intention to Appear in Ersler v. Toshiba Am., Inc., 07 Civ. 2304 (SMG)". Your Notice of Intention to Appear must have been filed with the Clerk of the Court no later than January 28, 2009.

Keep in mind, you do not need to attend the hearing, but may do so at your own expense.

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What happens if I do nothing at all?

If you do nothing, you will be a member of the Settlement Class and after the settlement has been finally approved, will receive a 12-month, rather than a six-month, warranty on any replacement bulbs that you purchase. However, you will not get any cash refunds for purchases of replacement bulbs unless you file a timely claim. Moreover, any and all claims you have will be released.

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How do I get more information?

If you think you may be a Settlement Class Member or may have purchased an eligible Toshiba DLP television and would like more information about the lawsuit or the terms of the proposed settlement, you may review the pleadings, records and other papers on file in this lawsuit, including the Court's Order regarding the Preliminary Approval of Class Settlement and the proposed Settlement Agreement, which may be inspected on weekdays, during normal business hours, at the Clerk's Office, United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York. The Preliminary Approval Order and Settlement Agreement also are available on this website.

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