Haier Freezer Settlement
In re Haier Freezer Consumer Litigation
Case No. 5:11-CV-02911-EJD (U.S. District Court for N.D. Cal.)
If You Purchased A Haier Chest Freezer, You May Benefit From
A Proposed Class Action Settlement
Model Number HNCM070E Freezers Manufactured
On or After June 1, 2009
May Be Affected
If you purchased a Haier model number HNCM070E chest freezer manufactured on or after June 1, 2009, this Notice is to inform you of a proposed class action settlement that could affect your legal rights.
What Is This Notice About?
A lawsuit is pending in the United States District Court, Northern District of California, San Jose Division (the "Action") that may affect your rights. The Action claims that Haier America Trading, LLC ("HAT") misrepresented the energy consumption of its model HNCM070E chest freezers in violation of federal energy efficiency standards. HAT denies all of these claims. The Court did not rule in favor of Plaintiffs or HAT. Instead, the parties agreed to a proposed settlement in order to avoid the expense and risks of continuing the lawsuit.
Am I A Member Of The Class?
The class is defined as all purchasers of Haier model no. HNCM070E 7.0 cubic foot chest freezers manufactured on or after June 1, 2009. In order to determine whether you own a covered freezer, you need to request a copy of the full notice from RG/2 Claims Administration LLC at 1-866-742-4955 or view it on the Court Documents page of this website. Excluded from the class are those persons who are employees, directors, officers, and agents of HAT or its subsidiaries and affiliated companies
What Does The Settlement Provide?
Subject to Court approval, the parties have agreed to a settlement under which you may be entitled to receive a cash payment. Not all HNCM070E freezers manufactured on or after June 1, 2009 are affected by the defect causing increased energy consumption, however, all HNCM070E freezers manufactured on or after June 1, 2009 are covered by this settlement. HAT estimates that approximately 15% of the units may be affected.
What Benefits Could I Receive?
If the settlement is approved by the Court, HAT will provide members of the Class with their choice of either: 1) a lump sum cash payment of $50.00-$150.00 for owners of covered units without proof that their unit is one of the approximately 15% affected; or 2) a lump sum cash payment of $108.60-$325.80. The second option will require that the class member permit a HAT-authorized technician to install and subsequently remove an energy consumption meter on the unit. If it is determined that the unit is not affected, class members exercising this option will receive no cash payment.
What Are My Rights?
- You Can Accept the Settlement. If you wish to receive the benefits under the settlement, you MUST fill out and submit a Claim Form by November 26, 2013. You can obtain a Claim Form by (1) calling the Settlement Administrator at 1-866-742-4955, (2) mailing a written request for a Claim Form including your name and mailing address by regular mail to: Haier Freezer Litigation Settlement Administrator, P.O. Box 59479, Philadelphia, PA 19102-9479 or (3) online at the Submit a Claim page of this website. If you fail to timely submit a Claim Form and do not exclude yourself from the settlement, then you will be bound by the settlement but will not receive any benefits of the settlement.
- You Can Object to the Settlement. If you believe the settlement is unsatisfactory, you may file a written objection with the Clerk of the Court for the United States District Court for the Northern District of California and send copies to the following Counsel representing the Class and HAT:
The deadline for submitting an objection is September 6, 2013.
Faruqi & Faruqi LLP
369 Lexington Ave., 10th Fl.
New York, NY 10017
Bursor & Fisher, P.A.
888 Seventh Avenue
New York, NY 10019
Karen F. Lederer
Troutman Sanders LLP
405 Lexington Avenue
New York, NY 10174
- You Can "Opt Out" of the Settlement. If you do not wish to participate in this settlement, you must provide written notice so indicating. Such notice shall include your name, current address, and a statement that you want to be excluded from the lawsuit In re Haier Freezer Consumer Litigation, Case No. 5:11-CV-02911-EJD. Such notice must be postmarked no later than September 6, 2013. Your written notice should be sent to: Haier Freezer Litigation Settlement Administrator, P.O. Box 59479, Philadelphia, PA 19102-9479. Please be advised that if you "opt out" of the settlement, you will not receive any benefits under the settlement and will be responsible for any attorneys' fees and costs you incur if you choose to pursue your own lawsuit.
The Fairness Hearing
On October 25, 2013, at 9:00 a.m., the Court will hold a hearing in the United States District Court for the Northern District of California to determine: (1) whether the proposed settlement is fair, reasonable and adequate and should receive final approval; and (2) whether the application for Plaintiffs' attorneys' fees and expenses should be granted. Objections to the proposed settlement by Class Members will be considered by the Court, but only if such objections are filed in writing with the Court and sent to Plaintiffs' and HAT's counsel by September 6, 2013 as explained above. Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval.
You may seek the advice and guidance of your own attorney if you desire. If you would like a detailed notice, you can get one by e-mailing firstname.lastname@example.org by downloading one from the Notice/Claim Form page of this website, by writing to Haier Freezer Litigation Settlement Administrator, P.O. Box 59479, Philadelphia, PA 19102-9479, or by calling 1-866-742-4955. A copy of the settlement agreement is available on the Court Documents page of this website, or may be obtained by examining the publicly available court records. You can also visit this website if you have any questions about this settlement. Please do not contact the Court or Clerk for information.
By order of the United States District Court for the Northern District of California