wow, a settlement where party admits guilt? seems rare
> The negotiated terms come to $2.7 million
ah, because it was cheap
>with complainants receiving $4 to $7 in cash for each drive purchased
wait, $4 to $7?
> with a maximum pro-rata adjustment of 85% of the retail price possible. That means the maximum damages per drive in the ~$160 range
so which is it? $4 to $7 or $160. I dont understand this at all.
> You won't need proof of purchase to make a claim.
how does that work? I claim to have purchased million of those drives pay me?
>The settlement value comes as the culmination of 10 weeks of negotiations and also includes lawyers' fees and other costs.
oh, so its $2.7 million minus lawyer fees ... This is the source of the news, https://lawstreetmedia.com/tech/consumers-present-2-7m-settl... Here is actual court document https://www.docketalarm.com/cases/California_Northern_Distri...
>Class Members can receive between $4.00 and $7.00 cash award for each Subject Product the Claimant purchased during the Class Period, subject to a maximum pro rata adjustment of 85% of the Subject Products’ retail purchase price (i.e., 85% of $69.99 for the 2TB Subject Product, $84.99 for the 3TB Subject Product, $94.99 for the 4TB Subject Product, and $145.99 for the 6TB Subject Product)
>The affected WD Red NAS hard drives have the following SKUs: WD20EFAX (2TB capacity), WD30EFAX (3TB capacity), WD40EFAX (4TB capacity) and WD60EFAX (6TB capacity)
> No proof of purchase is required to submit a claim, and Claimants may submit claims for each Subject Product purchased.
still dont understand how that is supposed to work? submitting serial numbers?
Whats fascinating:
>3 The maximum pro rata upward adjustment amount was the subject of dispute between Plaintiffs and Defendant. Plaintiffs advocated for a full refund, whereas Defendant insisted on a cap of $36 per 2TB and 3TB Hard Drives, and a cap of $63 for 4TB and 6TB Hard Drives. Pursuant to the parties’ executed Class Action Settlement Term Sheet, this issue was decided by a third-party neutral, Hon. Elizabeth Laporte (Ret.). Judge Laporte received written submissions from both parties and issued a decision of 85% of the Subject Products’ retail purchase price as the maximum pro rata upward adjustment. Judge Laporte’s decision is attached to the Kopel Declaration as Exhibit 3.
So plaintiffs wanted full refund, WD proposed $36-$63, and Judge decided right in the middle will be $4-$7? Unsurprisingly there is no mention of $160 per drive, like there is no mention of admitting any guild, just WD agreeing to "correctly label its product for 4 years". Document calls this "significant injunctive relief" HAHA.
in other news WD seems to be in a settlement mood, here is another one for sex discrimination from January, with each class participant receiving ~2.5K while lawyers pocketed 2.5mil
https://www.globenewswire.com/en/news-release/2021/01/08/215...