I got the following email yesterday:
If you purchased a Palm Treo 700p, 700w, 700wx or 755p smartphone,
your rights may be affected by a class action settlement.
A settlement of a class action lawsuit may affect you if you purchased, in the United States, a new Treo 700p, 700w, 700wx or 755p smartphone (collectively, "Treo Phone"). If you qualify, you may send in a claim form to ask for a redemption code (voucher) for use on the HP online store.
The Superior Court of California, San Francisco County, ordered this notice. The Court will have a hearing to consider whether to approve the settlement, so that the benefits may be distributed.
Who is affected?
You are a Settlement Class Member if you purchased a new Treo Phone in the United States for your own use and not for resale, and your Treo Phone had at least three warranty or defect returns caused by a problem with the device. The Settlement Class excludes Palm, Palm's parents, any entity in which Palm has a controlling interest; Palm's directors, officers and employees, Palm's legal representatives, successors, and assigns; and any judge to whom the case is or has been assigned and the members of his or her immediate family; and all persons who timely and validly request exclusion from the Settlement Class.
What is the case about?
The lawsuit claimed that Treo Phones had certain defects, failed at unacceptable rates, and that Palm made misrepresentations concerning Treo Phones. Palm denies all allegations and has asserted multiple defenses. Palm is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrongdoing or an indication that any law was violated.
What can you get from the settlement?
Palm has agreed to provide a redemption code, worth $10, for use on the HP online store ( www.hp.shopping.com ), to Settlement Class Members who send in a valid claim form.
How do you request a $10 redemption code?
The Settlement website, Treo 700 Series Settlement , tells you how to make a claim for a redemption code.
The claim form for a redemption code must be postmarked on or before August 10, 2012, and received by the Administrator no more than 21 days thereafter.
What are your options?
If you do not want to be legally bound by the settlement, you must postmark your request to exclude yourself by August 28, 2012. If you exclude yourself, you cannot obtain a redemption code. If you are a member of the Settlement Class and you do not exclude yourself, you may object to the settlement. Objections must be filed by August 28, 2012.
The detailed notice available at Treo 700 Series Settlement describes how to exclude yourself or object. The Court will hold a hearing in this case (Buccieri v. Palm, Inc. , Case No. 489578) on October 2, 2012, at 9:30 a.m. to consider whether to approve the settlement, and award attorneys' fees, costs and incentive payments to the named plaintiffs totaling no more than $250,000. You may appear at the hearing, but you do not have to do so. For additional details visit Treo 700 Series Settlement, send an email to firstname.lastname@example.org, or write to plaintiffs' counsel, Edward S. Zusman, Markun Zusman & Compton LLP, 465 California Street, Suite 500, San Francisco, CA 94104.
The Superior Court of California, San Francisco County has ordered this email to be sent. If you wish to UNSUBSCRIBE from future email messages from the Administrator with regard to this Settlement, please click on this link.