Lynch v. Motorola Class Action Settlement

Frequently Asked Questions

  1. Am I being sued?
  2. What is this case about?
  3. Why is this a class action?
  4. Why is there a settlement?
  5. Who are the Defendants?
  6. What are the benefits I am entitled to under the Settlement?
  7. How do I receive the benefits offered in the Settlement?
  8. Can I be retaliated against if I submit a claim?
  9. How quickly will I receive Settlement benefits?
  10. What happens if I do nothing?
  11. Can I decide to not be a part of the class settlement?
  12. What happens if I exclude myself from the Damages Class?
  13. How do I ask to be excluded from the Damages Class?
  14. Do I have to come to the hearing?
  15. Do I have an attorney in this case?
  16. How will the attorneys be paid?
  17. Should I get my own lawyer?
  18. How do I tell the Court that I do not like the Settlement?
  19. What is the difference between objecting and excluding?
  20. When and where will the Court decide whether to approve the Settlement?
  21. May I speak at the hearing?
  22. Are there more details about the Settlement?
  23. How do I get more information?
  1. Am I being sued?

    No.

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  2. What is this case about?

    On May 18, 2016, the plaintiffs filed a First Amended Class Action Complaint in which they allege that Motorola is liable for breach of warranty, unjust enrichment, and violation of the state consumer protection laws of Arizona, Florida, Georgia, and Texas. 

    Motorola denies plaintiffs’ allegations of wrongdoing and liability, and has denied the material allegations and asserted numerous defenses. 

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  3. Why is this a class action?

    The Class Representatives and Motorola agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the members of the Settlement Classes can get payments and other benefits, in exchange for releasing Motorola from liability.  The Settlement does not mean that Motorola broke any laws and/or did anything wrong, and the Court did not decide which side was right.  The Settlement here has been preliminarily approved by the Court, which authorized the issuance of this notice.  The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all members of the Settlement Classes.

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  4. Why is there a settlement?

    The Class Representatives and Motorola agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the members of the Settlement Classes can get payments and other benefits, in exchange for releasing Motorola from liability.  The Settlement does not mean that Motorola broke any laws and/or did anything wrong, and the Court did not decide which side was right.  The Settlement here has been preliminarily approved by the Court, which authorized the issuance of this notice.  The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all members of the Settlement Classes.

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  5. Who are the Defendants?

    Motorola Mobility LLC d/b/a Motorola and Lenovo (United States) Inc. (together, “Motorola”).

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  6. What are the benefits I am entitled to under the Settlement?

    The Settlement provides members of the Settlement Classes with two types of relief: non-monetary compensation (also called injunctive relief) applicable to Injunctive Relief Class members and monetary compensation for Damages Class members.

     

    Monetary Relief Available to Damages Class Members

     

    Motorola will provide the following cash compensation and other relief to eligible Damages Class members.  To the extent eligible, Damages Class members shall be entitled to receive either type of compensation below.

    • Motorola will repay any Advanced Exchange Program fees collected from Damages Class members for whom Motorola did not ship a conforming replacement device within 10 days of receiving the Advanced Exchange Program fee.

     

    • Motorola will release or, if Motorola is holding funds for a security deposit in connection with a return under the Advanced Exchange Program, repay any credit card security deposits collected from Damages Class members pursuant to the Advanced Exchange Program, provided Motorola received the Damages Class member’s original device within 20 calendar days of Motorola shipping the replacement device.  If the returned device was not the exact device for which the warranty claim was made or the device had physical or liquid damage outside of what was disclosed in connection with the Damages Class member’s request for a replacement under the Advanced Exchange Program, the Damages Class member will not be entitled to a refund of the security deposit or release of the security hold.

     

    • Damages Class members who never received a repaired or replacement device and were not credited a refund, will receive a new or like-new equivalent replacement device chosen by Motorola, or a repayment of the purchase price, accounting for depreciation at the time the device was delivered to Motorola.  Damages Class members will also receive $20.00 cash;

     

    • Damages Class members for whom Motorola did not ship a repaired or replacement device within 20 business days of receiving the allegedly defective device will receive $15.00 cash; or

    • Damages Class members for whom Motorola did not ship a repaired or replacement device within 30 business days of receiving the allegedly defective device will receive $20.00 cash

    To be eligible for the monetary compensation provided above, Damages Class members must meet the conditions set forth above and Motorola must not have already resolved the alleged issues giving rise to the Damages Class Member’s claim.  Motorola has the right to contest the validity of any claim that is inconsistent with its records.

    Non-Monetary Relief to Be Provided to Injunctive Relief Class Members

    In addition to the monetary relief described above, Motorola shall provide the following non-monetary relief to Injunctive Relief Class Members.  The non-monetary relief requires Motorola to revise and improve upon its warranty resolution procedures that were in effect when the litigation began.

     

    • Motorola shall improve its internal processes from the procedures in place as of March 1, 2016, for identifying and contacting consumers whose claims have exceeded Motorola’s standard wait period;

     

    • Motorola shall increase, relative to the procedures in place as of March 1, 2016, call center representatives’ discretion to issue credits for Motorola errors;

     

    • Motorola shall improve its processes from the procedures in place as of March 1, 2016, for the Advanced Exchange Program to permit Motorola representatives to release the credit card security hold when a consumer receives a device that will not power up at the time of receipt and returns such device to Motorola;

     

    • Motorola shall improve the device return process from the procedures in place as of March 1, 2016, by obtaining certain consumer information before allowing the consumer to generate an RMA in order to provide more realistic estimated wait times and customer options to prevent unrealistic consumer expectations; and

     

    • Motorola shall improve its methods from the procedures in place as of March 1, 2016, for determining whether the Advanced Exchange Program will be available for certain devices before offering expedited service.

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  7. How do I receive the benefits offered in the Settlement?

    If you are a member of the Damages Class, you must submit a claim by December 6, 2017 to receive the monetary benefits offered in the Settlement.  You must submit your Claim Form by mailing, faxing, or emailing it to:

    KCC Class Action Services

    P.O. Box 404000

    Louisville, KY 40233-4000

    E-Mail: info@motorolawarrantyclassaction.com

    Fax: 866-860-8924

    Claim Forms are available at www.motorolawarrantyclassaction.com, by calling 1-888-663-7191 or by writing to the Claims Administrator at the address above.

     

    If you are a member of the Injunctive Relief Class, you do not need to do anything to receive the non-monetary benefits offered in the Settlement.  You will automatically be entitled to the Settlement’s non-monetary benefits regardless of whether you submit a claim form.

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  8. Can I be retaliated against if I submit a claim?

    No.

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  9. How quickly will I receive Settlement benefits?

    The Honorable Gary Feinerman will hold a Final Approval Hearing on December 21, 2017, at 9:00 a.m. in the U.S. District Court for the Northern District of Illinois, 219 South Dearborn Street, Room 2125, Chicago, IL 60604, to decide whether to approve this Settlement.  If the Court approves the Settlement, there may be appeals afterwards.  It is always uncertain how quickly appeals can be resolved, and resolving them can take time, perhaps even more than a year. 

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  10. What happens if I do nothing?

    If you do nothing, you will remain in the Settlement Classes.  This means that you cannot sue, continue to sue, or be part of any other legal proceeding against Motorola about the legal claims resolved by this Settlement if it is approved by the Court. 

     

    The legal claims resolved by the Settlement include:  (1) claims for monetary relief related to (i) Motorola’s administration of its Advanced Exchange Program and (ii) any delays in the provisions of warranty service by Motorola (“the “Monetary Claims”), and (2) claims for injunctive relief related to any alleged failure of Motorola to comply with the terms of its warranty (the “Non-Monetary Claims”).

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  11. Can I decide to not be a part of the class settlement?

     The Court has conditionally certified classes for both monetary (Damages Class) and non-monetary (Injunctive Relief Class) relief.  You can exclude yourself (also called “opting out”) from the Damages Class and the portion of the case involving monetary relief.  You cannot exclude yourself from the Injunctive Relief Class. 

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  12. What happens if I exclude myself from the Damages Class?

    If you exclude yourself from the Damages Class, you will not be eligible to receive any of the monetary benefits of the Settlement and will not be precluded from suing, continuing to sue, or being part of any other legal proceeding against Motorola about the Monetary Claims resolved by this Settlement if it is approved by the Court.  Depending on the laws in your state, including laws related to statutes of limitation, you may be barred from suing (or continuing to sue) Motorola about the legal issues in this case even if you exclude yourself.

     

    If you have a pending lawsuit against Motorola, speak to your lawyer who represents you in that lawsuit immediately.  You must exclude yourself from the Damages Class in this Settlement to continue your own legal proceeding if it concerns the Monetary Claims.

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  13. How do I ask to be excluded from the Damages Class?

    To exclude yourself from the Damages Class and the monetary portion of the Settlement, you must send a letter by mail stating that you want to “opt-out” or “be excluded from the Settlement.”  Include your name, address, telephone number, and refer to the case as Lynch et al. v. Motorola Mobility LLC and Lenovo (United States) Inc., Case No. 1:16-cv-04524 (N.D. Ill.).  You must mail your exclusion request no later than December 6, 2017 to:

    KCC Class Action Services

    P.O. Box 404000

    Louisville, KY 40233-4000

    You cannot exclude yourself via phone, e-mail, or fax.

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  14. Do I have to come to the hearing?

    You do not have to come to the hearing. Class Counsel will answer any questions Judge Feinerman may have.  But you are welcome to come at your own expense.  If you send a written objection, you do not have to come to Court to talk about it.  As long as you mailed your written objection to both addresses on time, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

     

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  15. Do I have an attorney in this case?

    The Class Representatives have asked the Court to appoint their lawyers, the law firms of Girard Gibbs LLP and Wexler Wallace LLP, as Class Counsel to represent you and the Settlement Classes.  You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.  The contact information for Class Counsel is:

    Daniel C. Girard

    Scott Grzenczyk

    GIRARD GIBBS LLP

    601 California Street, 14th Floor

    San Francisco, California 94108

    (415) 981-4800

    Mark R. Miller

    Adam Prom

    WEXLER WALLACE LLP

    55 W. Monroe Street, Ste. 3300

    Chicago, Illinois 60603

    (312) 346-2222

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  16. How will the attorneys be paid?

    Class Counsel will ask the Court to award them attorneys’ fees of no more than $850,000 and expenses of no more than $21,000.  They will also ask the Court to award each of the Settlement Class Representatives $600 in recognition of their efforts in pursuing this litigation.  Motorola denies that Class Counsel is entitled to the attorneys’ fees, expenses, and service amounts requested.  Motorola will contest Class Counsel’s requests for these fees, expenses, and service awards.  The parties have not agreed to pay these amounts and the Court may award less than what Class Counsel has requested.  The Settlement is not contingent upon Class Counsel receiving any particular amount of attorneys’ fees and expenses or the Class Representatives receiving service awards.

     

    Motorola will separately pay the attorneys’ fees and expenses and service awards that the Court awards, as well as the costs to administer the Settlement.  The payment of attorneys’ fees and expenses, service awards, and settlement administration costs will not diminish or reduce the compensation or other relief available to you or the Settlement Classes as a result of the Settlement.

    Class Counsel will file a motion for attorneys’ fees, expenses, and service awards on or before November 8, 2017.  Copies of the motion will be available at www.motorolawarrantyclassaction.com and by contacting the Claims Administrator at 1-888-663-7191 or KCC Class Action Services, P.O. Box 404000, Louisville, KY 40233-4000.

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  17. Should I get my own lawyer?

    You do not need to hire your own lawyer because Class Counsel is representing you and the other Settlement Class members.  However, if you want someone other than Class Counsel to speak for you, you may hire your own lawyer at your own expense.

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  18. How do I tell the Court that I do not like the Settlement?

    You can object to the Settlement if you do not like any part of it.  You cannot, however, object to the monetary portion of the Settlement if you exclude yourself from the Damages Class.

     

    The Court can only approve or deny the Settlement.  The Court cannot order that the parties agree to a different settlement.  If the Court denies approval, no Settlement benefits will be available at this time and the lawsuit will continue.  You should give reasons why you think the Court should not approve the Settlement.  The Court will consider your views.

     

    To object, you must send a letter saying that you object to the Settlement in Lynch et al. v. Motorola Mobility LLC and Lenovo (United States) Inc., Case No. 1:16-cv-04524 (N.D. Ill.).  Any objection must include:  (a) the objector’s full name, address, and telephone number; (b) a written statement of all grounds for the objection, accompanied by any legal support for such objection; (c) copies of any papers, briefs, or other documents upon which the objection is based; (d) a list of all persons who will be called to testify in support of the objection; and (e) a statement of whether the objector intends to appear at the Fairness Hearing.  If the objector intends to appear at the Fairness Hearing through counsel, the objection must state the identity of all attorneys representing the objector who will appear at the Fairness Hearing.

    You must mail the objection and supporting materials no later than December 6, 2017 to both:

    KCC Class Action Services

    P.O. Box 404000

    Louisville, KY 40233-4000

    -and-

    United States District Court for the Northern District of Illinois
    Clerk of the Court
    219 South Dearborn Street
    Chicago, IL 60604

     

     

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  19. What is the difference between objecting and excluding?

    Objecting is simply telling the Court that you do not like something about the Settlement.  You cannot object to the monetary portion of the Settlement if you exclude yourself from the Damages Class. 

    Excluding yourself is telling the Court that you do not want to be part of the Damages Class.  You cannot exclude yourself from the Injunctive Relief Class.

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  20. When and where will the Court decide whether to approve the Settlement?

    The Court will consider whether to approve the Settlement and any objections at the Fairness Hearing.  Judge Feinerman will listen to people who have asked to speak at the hearing.  The Court may also consider how much Class Counsel should be paid.  After the hearing, the Court will decide whether to approve the Settlement and the amount Class Counsel will be paid.  We do not know how long these decisions will take.  The hearing may be rescheduled without further notice.  Updated scheduling information is available in person at the office of the Clerk of Court (Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604) during business hours, by calling the Clerk’s office at (312) 435-5670, from the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cacd.uscourts.gov, or by contacting Class Counsel.

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  21. May I speak at the hearing?

    You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Lynch et al. v. Motorola Mobility LLC and Lenovo (United States) Inc., Case No. 1:16-cv-04524 (N.D. Ill.).”  Be sure to include your name, address, telephone number, and your signature.  Your Notice of Intention to Appear must be no later than December 6, 2017, and be sent to the Clerk of the Court and the Claims Administrator at the addresses listed in the response to Question 16.  You cannot speak at the hearing if you exclude yourself.  You can retain your own attorney to speak on your behalf, but you will be responsible for paying that attorney.

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  22. Are there more details about the Settlement?

    This notice summarizes the proposed Settlement.  More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement by writing to the Claims Administrator at the address listed in the response to Question 12, calling or emailing the Claims Administrator at the phone number or email address found at the bottom of this page, or downloading a copy online at www.motorolawarrantyclassaction.com.

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  23. How do I get more information?

    You can contact the Claims Administrator at the phone number or email address found at the bottom of this page to ask questions about the Settlement, including information concerning whether you are a member of the Settlement Classes and whether you may be eligible for the benefits offered in the Settlement.  You may also contact Class Counsel.

    Other than asking questions regarding the date and location of the Final Approval Hearing, please do not contact the Clerk of the Court or the Judge with questions.

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