NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT SWINTON V. SQUARETRADE, INC. |
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You are receiving this notice because you may have purchased a SquareTrade Protection Plan on Amazon between April 20, 2012 and October 8, 2018. |
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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. |
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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.
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