Parker v. Logitech

Case No. RG15781276

Alameda County Superior Court

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why was the Notice issued?

    A Court authorized the notice because you may have a right to know about a proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to give final approval to the Settlement. You have this right if you are a member of the Settlement Class, defined in FAQ 5, below. The Notice explains the lawsuit, the Settlement, and your legal rights. You are NOT being sued. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made only if the Court approves the Settlement and after any appeals have been resolved.

    If you are a Settlement Class Member, your legal rights and options are as follows.

    LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

    SUBMIT A CLAIM FORM BY AUGUST 13, 2021

    This is the only way to receive a payment. For more information on how to submit a claim, see FAQ 7 below.

    EXCLUDE YOURSELF (OPT OUT) BY AUGUST 13, 2021

    Ask to get out (opt out) of the proposed Settlement. You will not be entitled to receive any payments or benefits from the Settlement, but this is the only option that allows you to bring your own lawsuit about the issues being settled in this case. For more information on this option, see FAQ 10 below.

    COMMENT ON THE SETTLEMENT BY AUGUST 13, 2021 AND/OR GO TO THE HEARING ON SEPTEMBER 21, 2021

    Write to the Court explaining why you support or oppose the proposed Settlement and/or speak at the final fairness hearing. For more information on this option, see FAQs 11-13 below.

    DO NOTHING

    Receive no payment from Logitech, but if the settlement is approved, you will give up the right to sue. For more information on this option, see FAQ 14 below.

  3. What is a class action?

    In a class action, one or more people called class representatives sue on behalf of a group or a “class” of people who have similar claims. The Class Representatives or Plaintiffs in this lawsuit are Christopher Parker, James Anderson, Ed Shapiro, and Steven Chernus. In a class action, the court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

  4. What is this lawsuit about?

    Plaintiffs’ Claims: This lawsuit alleges that the Logitech Alert System contained certain flaws or defects, performed unreliably, and that customers had issues using Logitech’s warranty program. The lawsuit claims that Logitech breached its express and implied warranties with Alert System purchasers and violated state consumer protection laws.

    Defendant’s Claims: Logitech vigorously disputes these allegations, and denies that there is are any flaws or defects with the Alert Systems and that any customer was unable to get full warranty service. Logitech denies that it has breached its warranties with any customer or violated any law, and denies that a class of purchasers could bring common claims that would entitle them to pursue or receive relief as a class.

    The Court(s) have not decided whether Plaintiffs or Logitech should win this case.

  5. Why is there a settlement?

    Plaintiffs and Logitech recognize that continued litigation is expensive, risky, and time-consuming. Plaintiffs recognize that any relief that could come to class members from this lawsuit could take many years to be awarded, if it is ever awarded. And Logitech recognizes that a costly lawsuit would divert resources from running its business and maintaining the company’s strong commitment to customer service. Therefore, Plaintiffs and their attorneys have concluded that settlement is in the best interests of the class because it provides a recovery now while avoiding the risk, expense, uncertainty, and delay of pursuing the case through a lengthy trial and any appeals. Logitech has decided to settle the case to avoid the further risk, cost, and other burdens of protracted litigation and appeals.

  6. ARE YOU A SETTLEMENT CLASS MEMBER?

  7. Who is included in the Settlement?

    You are included in this Settlement if you purchased or received as a gift a Logitech Alert System since August 10, 2011. Excluded from the proposed Settlement Class are any person or entity who has released their claims against Logitech; any person or entity who has purchased or acquired an Alert System for commercial use or resale; Logitech and any parent, subsidiary, affiliate, or employee; and any judicial officer to whom the Action is assigned. Settlement Class Members include all persons who are members of the Settlement Class, as defined above, who do not opt-out of the Settlement in a timely and correct manner. Opting out is described in FAQ 10.

  8. WHAT WILL YOU GET FROM THE SETTLEMENT?

  9. What benefits does the Settlement Provide to Settlement Class Members?

    If you are a Settlement Class Member and the Settlement is Approved:

    • You may be eligible to receive a payment or reimbursement for your Logitech Alert System. You may receive $50 for your first Alert System without a proof of purchase, as well as $20 for up to ten (10) additional Alert System cameras with proof of purchase(s). To obtain a payment, you will need to read FAQ 7 and follow the steps provided in the answer.
    • Logitech will pay agreed litigation costs, including the costs of giving notice to the class, administering the settlement, a Court-approved incentive award to the class representative, and a Court-approved award of attorneys’ fees and expenses to Class Counsel up to the amounts identified under FAQ 8 below.
    • Logitech has agreed to pay $850,000 in total, which will include payments for claims, administration of the settlement, incentive awards, attorneys’ fees, and costs.
  10. How can I submit a Claim to get a payment?

    Settlement Class Members may submit a Claim if they purchased an Alert System. Each Settlement Class Member may file a claim to seek a payment of: (1) $50 without proof of purchase so long as your email address is registered with Logitech as an Alert System customer; and (2) an additional $20 per additional Alert System camera with proof of purchase.

    If you are a Settlement Class Member whose Alert System is covered by the settlement, as described above, you may download and/or fill out a Claim Form from the Important Documents page. You can request a hard copy by calling the Settlement Administrator at 1-855-632-0438.

    To obtain the base payment of $50 you do NOT need to have a proof of purchase. You just need to complete the claim form and have your email address match a registered Alert System customer from Logitech’s database, along with an attestation under penalty of perjury that the information provided is accurate.

    To obtain additional payments of up to $20 per Alert System (excluding the Alert System for which you can receive $50), you must provide a copy of a receipt or other proof of purchase that identifies the purchase date and price for each additional Alert System camera. This could be obtained from your purchase histories on consumer websites (like Amazon) where you made the purchases or email confirmations of the purchases, as well as hard copy receipts if the purchase was made in-store. You may seek payments for purchases of up to ten (10) additional cameras with proofs of purchase, for a total of $250. You will also need to make an attestation under penalty of perjury that the information provided is accurate.

    Please note that the settlement payments in the amounts described above may be adjusted upwards or downwards depending on the number of claims filed. In other words, instead of receiving $50, you may end up receiving $60 or you may end up receiving $40. However, all funds will be disbursed regardless of the number of claims.

    Completed Claim Forms and supporting materials should be uploaded directly online on the Submit a Claim page or sent via email to info@AlertSystemSettlement.com. If your Claim Form is deficient, you will be notified in writing and be given the opportunity to correct the deficiency within 21 days. If you submit a timely Claim Form showing that you qualify for a payment, and assuming the Court finally approves the Settlement Agreement and the settlement becomes effective, you will receive your payment electronically or via check. If you elect to receive a check, you must deposit or cash the check within 90 days after the date on the check. If you do not, the check will be void and you will no longer be entitled to any payment, but you will still be bound by the terms of the Settlement, including the release of your claims.

    Although you may file a Claim now, no benefits will be distributed until the Settlement becomes effective. The Effective Date is defined as the first business day after the occurrence of all of the following conditions: (i) the Court has preliminarily approved the Settlement and entered the Preliminary Approval Order, (ii) the Court has granted final approval to the Settlement and entered the Final Order and Judgment; and (iii) the time to appeal the Final Order and Judgment has expired without any such appeal having been timely filed, or, if appealed, the Final Order and Judgment has been affirmed on appeal in all material respects, subject to no further right of review. This Settlement Website will display information about the Effective Date and will be updated to show the Effective Date.

  11. Who is in the Class

  12. Who are the attorneys representing the class and how will they be paid?

    The Court has appointed the following attorneys and law firms to represent the class as legal counsel:

    Laurence D. King
    Matthew B. George
    Mario M. Choi
    KAPLAN FOX & KILSHEIMER LLP
    1999 Harrsion Street, Suite 1560
    Oakland, CA 94612
    Telephone: (415) 772-4700

    When the attorneys representing the class (called “Class Counsel”) ask the Court to approve the Settlement, they will also apply to the Court for a reimbursement of costs of litigation not to exceed $270,000, which includes reimbursement for things like travel for hearings and depositions, expert engineering witnesses fees, issuing notices to potential class members, and transcripts. Additionally, if settlement payments for valid, timely Claims do not exceed 50% of the Settlement Fund, Class Counsel may also seek an award of reasonable attorneys’ fees no greater than $100,000. Since the beginning of this litigation in August 2015, Class Counsel have pursued the case on behalf of class members purely on a contingent basis and received no compensation for their services or reimbursement of their expenses. Accordingly, Class Counsel will request reasonable reimbursements to compensate them for time and expenses incurred.

    Class Counsel will also ask the Court to approve incentive awards for the class representative, Christopher Parker, in the amount of $3,750, and to class representatives James Anderson, Ed Shapiro, and Steven Chernus, in the amount of $1,250 each, for their initiative and efforts pursuing this case on behalf of the class, which included consulting with attorneys over the past many years, submitting their Alert Systems for examination, and providing testimony. Any awards for attorneys’ fees, reimbursement of expenses, or incentive awards approved by the Court will be paid by Logitech from the Settlement Fund.

  13. WHAT ARE MY OTHER OPTIONS?

  14. What am I giving up if I stay in the class or submit a claim?

    You must stay in the class to submit a claim. By staying in the class, you will give up any right you may have to pursue, continue to pursue, or participate in any other lawsuit against Logitech or its affiliates concerning the Logitech Alert System even if you do not submit a claim. The legal claims you will release are described more fully in the Settlement Agreement. If the Court approves the Settlement, you will also be bound by the Court’s orders in this case, including the final judgment, which will dismiss all claims asserted on behalf of the class and order the parties to implement the Settlement.

    If you wish to keep your right to sue or continue a lawsuit concerning Logitech Alert Systems, you must exclude yourself from the class.

  15. How can I exclude myself from the class and Settlement?

    If you wish to exclude yourself from the class and Settlement, you must submit a written exclusion request. If you exclude yourself, you cannot file a claim for payments under the settlement, you will not be bound by the final judgment, and you will retain the right to pursue your own lawsuit concerning the Alert System.

    To request exclusion, you must write a letter or postcard that lists your name, address, telephone number, email address, and states that you wish to be excluded from the class and settlement in Parker v. Logitech, Case No. RG15781276. You must sign the letter or postcard and send it to the Claims Administrator at Logitech Alert Settlement, Attn: Exclusion Request, PO Box 58220, Philadelphia, PA 19102, postmarked by August 13, 2021, or, if delivered by a delivery service other than U.S. Mail, so that it is received no later than August 13, 2021.

  16. How can I tell the Court what I think about the Settlement?

    Unless you exclude yourself as described under FAQ 10, you can comment in support of or in opposition to the settlement, Class Counsel’s application for attorneys’ fees and expenses, or the request for incentive awards for the class representatives. You may submit any objections or comments in writing and/or attend the final fairness hearing, which may be conducted virtually due to the COVID pandemic.

    You must send your objections or comments to the Notice Administrator at the following addresses, so that your objections or comments are received no later than August 13, 2021:

    Logitech Alert Settlement
    Attn: Objections
    PO Box 58220
    Philadelphia, PA 19102

    Your objections or comments (a) must include a reference at the beginning to Parker v. Logitech., Case No. RG15781276; (b) must list your name, address, and telephone number; (c) must be signed by you; and (d) must state your position and the reasons for your position. You must include copies of any documents you wish the Court to consider. If you do not present your views in writing in compliance with the foregoing procedure and deadline you may waive any objections you have unless you choose to appear at the final hearing as discussed below.

    As described below, the Court will hold a hearing to decide whether to approve the Settlement. You do NOT have to send any written comments or objections in advance of the final approval hearing to be heard if you wish to appear. You may also have your own lawyer to appear and speak at the hearing on your behalf.

  17. When and where will the Court hold a hearing on the fairness of the settlement?

    This lawsuit is pending before the Honorable Judge Brad Seligman of the Alameda County Superior Court of the State of California. On September 21, 2021, at 3:00 p.m., Judge Seligman will hold a hearing on the fairness of the settlement and whether it should be approved.

    The hearing will be held virtually on September 21, 2021, at 3:00 p.m. PST. A livestream of the audio of the hearing can be accessed at http://www.alameda.courts.ca.gov/Pages.aspx/Live-Stream-23.

    If you need additional instructions on how to attend the hearing virtually, please contact Class Counsel at 1-415-772-4700 or nlee@kaplanfox.com.

  18. Do I have to come to the hearing? May I speak at the hearing?

    You are not required to attend the hearing to have the Court consider your written comments or objections. You or your lawyer may attend the hearing if you wish, at your own expense.

  19. What happens if I do nothing at all?

    If you do nothing at all and the Settlement is approved, you will receive no payment or other benefits from the settlement. However, you will still be a part of the class, and your legal claims will be released as described under FAQ 9 above, and you will be prohibited from pursuing them.

  20. How do I get more information?

    The notice provides only a summary of information about the Settlement. For more details, you may wish to review the Settlement Agreement and other documents available for viewing on the Important Documents page. You can also get more information by calling the Settlement Administrator toll free at 1-855-632-0438 or Class Counsel at 1-415-772-4700.

    The pleadings and other records in this litigation may be examined online on the Alameda County Superior Court’s website, known as https://publicrecords.alameda.courts.ca.gov/PRS/. After arriving at the website, click the ‘Search By Case Number’ link, then enter RG15781276 as the case number and click ‘SEARCH.’ Images of every document filed in the case may be viewed through the ‘Register of Actions’ at a minimal charge. You may also view images of every document filed in the case free of charge by using one of the computer terminal kiosks available at each court location that has a facility for civil filings.

    If you would like more information, you may also contact Class Counsel by contacting them at 1-415-772-4700 or nlee@kaplanfox.com.

    PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THE SETTLEMENT.