IMPORTANT UPDATE: The Final Approval Hearing scheduled for January 11, 2010, at 2:00 p.m. was continued to January 25, 2010, at 2:00 p.m. The Settlement received approval on April 30, 2010.
If you purchased or acquired in the United States for your own use a new Toshiba Satellite® P105-S6167, P205-S6237, P205-S6307, U305-S5097, U305-S5077, or U305-S5087 notebook computer, or select Toshiba Satellite® P105-S6147, A135-S4407, A135-S4417 notebook computers (individually, “Subject Notebook” and collectively, “Subject Notebooks”), a proposed nationwide class action settlement (“Settlement”) could affect your legal rights. You may be entitled to submit a claim for a motherboard replacement or credit voucher and/or a cash reimbursement.
The Settlement resolves a class action lawsuit over the ability to upgrade the Subject Notebooks’ Random Access Memory (“RAM”). The Plaintiff alleges that Toshiba advertised and sold the Subject Notebooks as having the capacity to upgrade their RAM to four gigabytes ("4 GB") when, in fact, the maximum amount of RAM upgrade capacity was less than advertised. Toshiba denies these claims and denies that it did anything wrong.
If the Court approves the settlement and you qualify as a member of the settlement class, you may be entitled to the following benefits:
- A motherboard replacement enabling expansion of RAM up to four gigabytes ("4 GB");
- A $35 credit voucher for use on www.toshibadirect.com;
- Reimbursement of reasonable costs, not to exceed $150, incurred for unsuccessful attempts to upgrade the RAM prior to December 31, 2008
Class Member Options
|SUBMIT A CLAIM FORM||If eligible, this was the only way to receive settlement benefits. Your claim form for the Motherboard Replacement Program must have been postmarked or, if applicable, electronically submitted, on or before January 31, 2011. Your claim form for the credit voucher or reimbursement benefit must have been postmarked or, if applicable, electronically submitted, on or before January 4, 2010.|
|EXCLUDE YOURSELF||Get no entitlement to settlement benefits. This option allowed you to retain your own lawyer and file another lawsuit against Toshiba about the legal claims in this case. The deadline to exclude yourself from the settlement was December 8, 2009.|
|OBJECT||You could have written to the Court as to why you don’t like the settlement. The deadline to object to the settlement was December 8, 2009.|
|GO TO COURT||You could have asked to speak in Court about the fairness of the settlement. Your Notice of Intention to Appear must have been postmarked no later than December 8, 2009.|
|DO NOTHING||If eligible for settlement benefits, give up rights to receive any of them.|
For more details about your rights and options as a class member, please consult the Notice.
The Court held a Fairness Hearing at 2:00 p.m. on January 25, 2010, at the United States District Court for the Northern District of California, San Francisco Division, located at Courtroom 15, 450 Golden Gate Avenue, 18th Floor, San Francisco, California 94102. At the hearing, the Court considered whether the settlement was fair, reasonable, and adequate. The Court also considered the amount of attorneys’ fees and expenses to be paid to Class Counsel. The Settlement received approval from the Court on April 30, 2010.
|January 4, 2010
|Voucher Claim Form Deadline (postmarked)|
|January 4, 2010
|Reimbursement Claim Form Deadline (postmarked)|
|January 31, 2011
|Motherboard Replacement Claim Form Deadline (postmarked)|
|December 8, 2009
|Request for Exclusion Deadline (postmarked)|
|December 8, 2009
|Objection Filing Deadline (received)|
|January 25, 2010
at 2:00 p.m.
|Final Approval Hearing|