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마일모아 게시판   [질문-기타]
이런 이메일을 받았는데, 이거 보통 어떻게들 대응하시나요? Squaretrade class action?

어퓨굿맨 | 2019.04.27 10:02:03 | 본문 건너뛰기 | 댓글 건너뛰기 쓰기
NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT
SWINTON V. SQUARETRADE, INC.
You are receiving this notice because you may have purchased a 
SquareTrade Protection Plan on Amazon between April 20, 2012 and
October 8, 2018. 
 
A court authorized this notice. This is not a solicitation from a lawyer or an advertisement.
Why did I get this notice? This notice relates to a proposed settlement (“Settlement”) of a class action lawsuit (“Action”) filed against SquareTrade, Inc. (“SquareTrade”) relating to SquareTrade Protection Plans purchased on Amazon between April 20, 2012 and October 8, 2018 (the “Class Period”). According to available records, you may be a “Settlement Class Member.”
What is the Action about? The Action alleges that, during the Class Period, SquareTrade deceptively marketed and sold its Protection Plans through Amazon and failed to adequately disclose the terms and conditions of its Protection Plans prior to a consumer’s purchase of the Protection Plan, including, inter alia, that claims related to SquareTrade Protection Plans can be brought only in arbitration on an individual basis and cannot be brought in court on an individual or class basis. SquareTrade denies any wrongdoing or that its arbitration provision is unenforceable.
What relief does the Settlement provide? The settlement requires changes to be made to Amazon webpages on which SquareTrade Protection Plans are sold, and requires that SquareTrade not prospectively deny a claim made under outstanding SquareTrade Protection Plans on the ground that the product subject to the Protection Plan was purchased from a retailer other than Amazon. In addition, Settlement Class Members who, based on SquareTrade’s records, had a claim denied under a SquareTrade Protection Plan on the ground that the product subject to the Protection Plan was purchased from a retailer other than Amazon will receive a refund payment equal to the amount the Settlement Class Member paid for the product subject to the Protection Plan, exclusive of sales tax and/or shipping, less any percentage that the Court awards in attorneys’ fees for Lead Class Counsel. Settlement Class Members will also receive one Settlement Coupon per Protection Plan purchased during the Class Period for $10.00 off the purchase of a SquareTrade Protection Plan for a mobile phone. SquareTrade has also agreed to reimburse the Plaintiff and his attorneys for their costs and attorneys’ fees incurred in prosecuting the Action and negotiating the Settlement up to certain negotiated caps. The Settlement Agreement provides for a release to SquareTrade, but that release does not include claims to enforce the terms of a SquareTrade Protection Plan. 

This is only a notice of what to expect. Nothing will happen unless the Court approves the Settlement. 

Who is eligible to participate in the proposed Settlement? The proposed settlement is available to members of the Settlement Class. The Settlement Agreement defines the Settlement Class as “any person or entity in the United States or its territories who, during the Class Period, purchased a SquareTrade Protection Plan on Amazon.” Excluded from the Settlement Class are the judge approving the Settlement and his or her immediately family; Defendant; any entities in which Defendant has a controlling interest or which have a controlling interest in Defendant; and the officers, directors, employees, affiliates, and attorneys for Defendant.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
DO NOTHING AND RECEIVE BENEFIT If the Court orders payments to Settlement Class Members, and if SquareTrade’s computer records show you are a Settlement Class Member who had a claim denied because the product subject to the SquareTrade Protection Plan (the “Covered Product”) was purchased from a retailer other than Amazon, then you will receive a refund payment equal to the amount you paid for the Covered Product, exclusive of sales tax and/or shipping, less any percentage that the Court awards in attorneys’ fees for Lead Class Counsel. SquareTrade will make this payment by check. In addition, if the Court orders payments to Settlement Class Members, and if SquareTrade’s computer records show you are a Settlement Class Member, you will receive via email from a third-party settlement administrator one $10 Settlement Coupon per SquareTrade Protection Plan you purchased during the Class Period from Amazon that you can use to obtain a discount off the purchase of a SquareTrade Protection Plan for a mobile phone.

You will also give up your right to be part of any other lawsuit against SquareTrade about the claims in this case.
OBJECT NO LATER THAN JUNE 7, 2019 Submit a written objection explaining why you do not like the Settlement and think it should not be approved. You must send your objection to Lead Class Counsel who will file it with the Court for you. If you submit an objection, you may also speak at the Court’s Final Approval Hearing to explain your position. You are not required to attend the hearing, though. The Final Approval Hearing will take place on June 21, 2019 at the United States District Court for the Southern District of Iowa, 123 East Walnut Street, Des Moines, Iowa 50309.
EXCLUDE YOURSELF NO LATER THAN MAY 22, 2019 Get no refund payments or Settlement Coupons. This is the only option that allows you to be a part of any other lawsuit against SquareTrade about the legal claims in this case. 
What if I do not want to be part of this case? If you do not want to be included in this case, you may exclude yourself online at www.SSTSettlement.com or by sending a written request to opt-out to Lead Class Counsel: Harley C. Erbe, Erbe Law Firm, 2501 Grand Avenue, Des Moines, Iowa, 50312, Tel: (515) 281-1460, erbelawfirm@aol.com; or Steven P. Wandro, Wandro & Associates, 2501 Grand Avenue, Des Moines, Iowa, 50312, Tel: (515) 281-1475, swandro@2501grand.com. Exclusions must be submitted online or post-marked no later than May 22, 2019. If you opt-out of the Class, you will not receive any benefits, and if the Settlement is approved, you will not release your claims against SquareTrade, and you will not be bound by any judgment in this case.
What if I want to object to the Settlement? If you do not exclude yourself from the Settlement, you have the right to object to any aspect of the proposed Settlement, including the relief provided to the Class Members and/or the attorneys’ fees and expenses, and/or the incentive awards. You may make your objections personally or through any attorney that you hire. Even if you object to the Settlement, you will still be a Class Member and may still be entitled to share in the Settlement proceeds. To be valid and considered by the Court, any objections by you must be submitted in writing, must be served by mail and/or email on Lead Class Counsel by June 7, 2019, and should also include the following information: (i) name, address, and telephone number of the Settlement Class Member, (ii) all grounds for the objection, including any legal support the Settlement Class Member or his, her, or its counsel wish to assert, (iii) if represented by counsel, the name, address, and telephone number of all counsel who represent the Settlement Class Member, (iv) a statement confirming whether the Settlement Class Member or counsel plan to appear at the Final Approval Hearing, (v) the name, address, and telephone number of any counsel that will appear at the Final Approval Hearing, and (vi) the number of times the Settlement Class Member and his, her, or its attorney (if applicable) have filed an objection to a class action settlement in the previous five years and the identity of the case and the nature and outcome of each objection. Do not mail or attempt to file these documents with the Court. Lead Class Counsel will file them.

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