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AnonymousInactiveEpson America to Settle Class-Action Lawsuits
Seiko
Epson Corp.’s Epson America unit will give consumers $45 toward the
purchase of printers or ink cartridges to settle class-action
lawsuits.The settlement resolves suits in California, Texas and New
York that claimed Epson America printers would say prematurely that
ink-jet cartridges were empty. A Los Angeles Superior Court judge gave
preliminary approval to the settlement.Consumers will get a $45 credit
per printer toward the purchase of products at Epson’s website. The
total value of the settlement wasn’t disclosed. Torrance-based Epson America didn’t admit liability.Class Counsel and Epson America Announce Class Action Settlement
LOS
ANGELES, April 06– Epson America, Inc. (“Epson America”) and the law
firms of Kabateck Brown Kellner LLP and Chitwood Harley Harnes LLP
jointly announced today that a settlement of a class action lawsuit
relating to Epson inkjet cartridges has been preliminarily approved by
the Superior Court of the State of California for the County of Los
Angeles. The lawsuit and settlement terms are described in full at the
class administrator’s website, http://www.epsonsettlement.com/.
Lead
counsel for the class are Kabateck Brown Kellner LLP with offices in
Los Angeles, Sacramento, and Newport Beach, California and Las Vegas,
Nevada, and Chitwood Harley Harnes LLP, with offices in Atlanta,
Georgia and Great Neck, New York. The class is also represented by the
San Francisco office of Duane Morris LLP, Los Angeles-based McNicholas
& McNicholas LLP, The Ball Law Firm, LLP, and Jacobson, Russell,
Saltz & Fingerman, LLP, and Dobrowski L.L.P of Houston, Texas.
The
settlement resolves lawsuits filed in California, New York and Texas
based on various legal theories relating to the performance and other
characteristics of Epson inkjet printer cartridges. Among other things,
plaintiffs alleged that a substantial amount of ink remains in Epson
inkjet cartridges when the Epson printers for which they are designed
indicate that the cartridges are “empty,” and suspend printer
operation. Epson America denies these allegations and maintains that an
ink safety reserve ensures print quality and reliability. The Court has
not ruled on these allegations but Epson America has agreed to settle
the action.
Under the terms of the settlement, the settlement class
— consisting of all persons or entities located within the United
States who purchased or otherwise acquired an Epson brand inkjet
printer between April 8, 1999 and May 8, 2006 — will receive a $45
per-printer credit for Epson America’s online E-Store which may be used
to buy replacement inkjet cartridges or any other product sold at the
E-Store. The credit will be provided automatically to every class
member who has already registered a printer with Epson America and to
those who register a qualifying printer within 90 days after the final
approval of the settlement. Alternatively, class members may reject the
credit and mail in a claim form to receive either: (a) a check from
Epson America in the amount of $25 and a $20 credit at Epson America’s
E-Store; or (b) a 25% discount off purchases at the Epson America
E-Store, to a maximum discount of $100. Class members who do not wish
to register with Epson America may also receive any of the three forms
of alternative settlement benefits by mailing in the same claim form.
The
settlement does not require any changes in Epson’s printer technology,
but Epson America will make changes to its product packaging and
software in order to clarify that when the printer signals that a
cartridge must be replaced a variable amount of ink remains. Epson
America’s web site will also display language explaining why there is
an ink safety reserve.
Plaintiffs’ attorneys’ fees (the amount of
which has not yet been determined) will be determined by the Court and
will be paid by Epson America separate from, and in addition to, the
other settlement benefits provided to the class.
Gregory Keller
said, “It is our hope that this settlement will set a new high water
mark in consumer class actions, not only with regard to the amount of
the benefit class members receive, but also with regard to the ease
with which those benefits may be obtained. Printer owners who have
registered their printers with Epson America will automatically receive
a $45 credit to be used in the Epson E-Store. Printer owners who have
not registered may do so under the settlement to receive their E-Store
credit.” Added Brian Kabateck of Kabateck Brown Kellner, “The $45
credit is simply an outstanding result for the Class. The $45 benefit
means some Class members may obtain up to three replacement ink
cartridges for each printer they have registered with Epson, and, in
doing so, provides the relief that we sought in the lawsuit, to restore
ink to customers.”
Susan Aledort, Epson America’s Senior Counsel,
explained, “We are pleased to have resolved these lawsuits to avoid
costly litigation and focus on our business of providing high value
products to professionals and consumers. We already communicate a great
deal of information to users about the performance of Epson ink
cartridges and welcome the opportunity provided by this settlement to
further explain Epson’s technologies and the performance of our ink
cartridges, including the technological reasons for the ink safety
reserve.”
A final approval hearing has been scheduled for August 15,
2006, following mail and publication notice of the settlement to Class
members. -
AuthorApril 19, 2006 at 12:39 PM
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