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
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 are 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
- You can submit a claim and request one or more cash refunds for past purchases of replacement bulbs. You can download a Claim Form on this website. Your completed Claim Form must be mailed and postmarked no later than 90 days after the effective date of the settlement.
- 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 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.
|January 28, 2009
|Request for Exclusion Deadline (postmarked)|
|January 28, 2009
|Objection Filing Deadline|
|February 24, 2009
at 11:00 a.m.
|No Later Than 90 Days After the Effective Date of the Settlement||Claim Form Deadline (postmarked)|