Frequently Asked Questions
- What is the case about?
- Who is in the Settlement Class?
- What does the settlement provide?
- How do I receive the benefits of the settlement?
- How can I exclude myself from the settlement?
- How can I object to the proposed settlement?
- When is the Settlement Hearing?
- Where can I get additional information?
The Action was filed by an individual who alleges that FCPA made misrepresentations and/or omissions in the packaging, advertising, and/or sale of Fujitsu-branded and Fujitsu-packaged HDDs with respect to the HDDs’ capacity for data storage.
FCPA denies that it has committed any violations of law or engaged in any of the wrongful acts alleged in the complaint filed in the Action, or otherwise. In order to resolve the Action, and forever resolve these claims, however, FCPA has agreed to the settlement described in the Settlement Agreement and Release (“Agreement”), on file and available for public review at the office of the Clerk of the Court, Superior Court of California, County of Santa Clara, Old Courthouse, 191 N. First Street, San Jose, CA 95113 or from the Court’s website www.sccsuperiorcourt.org.
2. Who is in the Settlement Class?
For purposes of settlement only, the Court has certified a nationwide class consisting of: “all persons or entities in the United States who purchased an aftermarket Fujitsu-branded Mobile hard disk drive (“HDD”) during the period beginning December 28, 2002 and continuing through April 11, 2008, who resided in the United States at the time of purchase, purchased the Mobile HDD at a location within the United States, new (i.e., not second-hand) from an entity that regularly sells or sold such devices or items, and who purchased the Mobile HDD for their own use and not for resale to others” (the “Settlement Class”).
3. What does the settlement provide?
The full terms of the proposed settlement of the Action are set forth in detail in the Settlement Agreement and Release, on file and available for public review at the office of the Clerk of the Court, Superior Court of California, County of Santa Clara, Old Courthouse, 191 N. First Street, San Jose, CA 95113 or from the Court’s website www.sccsuperiorcourt.org. In summary, the Agreement, if approved, requires the following:
- Discount on Future Purchase: Eligible Class Members who submit a timely and valid Claim Form may elect one of two options for a discount on a future purchase of a new Fujitsu-branded Mobile HDD:
Option 1: 20% Discount from FCPA On-Line Store: Class Members who choose Option 1 are eligible to receive a 20% discount on any new Fujitsu-branded Mobile HDD purchased from www.buyfcpa.com (the “buyFCPA Website”). FCPA will pay shipping at the standard cost offered on the buyFCPA Website (UPS or Federal Express ground). Class Members who submit a timely and valid Claim Form electing the Option 1 discount will receive via e-mail, or U.S. Mail if e-mail is unavailable, a Promotional Code allowing them to take a 20% discount on the purchase of a new Fujitsu-branded Mobile HDD, purchased on the buyFCPA Website.
Option 2: 15% Discount from Any Online Retailer or Store: Class Members who choose Option 2 are eligible to receive a 15% discount on any new Fujitsu-branded Mobile HDD purchased from any online website or retail store of their choice, other than the buyFCPA Website. Class Members who submit a timely and valid Claim Form electing Option 2 will receive via e-mail, or U.S. Mail if e-mail is unavailable, a Valid Claim Card, entitling them to a 15% discount, in the form of a rebate, on the purchase of a new Fujitsu-branded Mobile HDD, purchased from any online retailer or retail store in the United States.
To obtain the 15% rebate, you must return the Valid Claim Card to the Settlement Administrator with a proof of purchase (showing the purchase price) of a qualifying new Fujitsu-branded Mobile HDD, postmarked no later than 30 days after you purchased the new Fujitsu-branded Mobile HDD. You will be mailed a check within 60 days after the date the Valid Claim Card and proof of purchase is received by the Settlement Administrator.
- Redemption Period: The Promotional Code or Valid Claim Card will be valid for the later of one year from the Effective Date (the date the settlement becomes final) or the date of issuance. A Class Member may transfer his or her Promotional Code or Valid Claim Card to another person only once prior to being used. The discount for either Option 1 or Option 2 shall be stackable, meaning that it may be used with other discounts, and it shall be the first discount applied.
- Claims Period: Class Members must submit a Claim Form on or before September 2, 2008.
- Limit on Number of Claims: There is a limit of one claim per qualifying Fujitsu-branded Mobile HDD purchased. Settlement Class Members who previously purchased more than one qualifying Fujitsu-branded Mobile HDD will be required to submit a separate Claim Form for each one. Each Class Member is limited to three valid claims.
- Attorneys Fees & Costs: Subject to Court approval, Defendant will also pay Class Counsel $293,000 for attorneys’ fees and costs to Class Counsel; and will pay $2,000 to the Class Representative. Defendant will pay for the costs of notice and settlement administration. Details of the Agreement are on file with the Court for your review.
4. How do I receive the benefits of the settlement?
If you would like to receive the discount benefits of the settlement, you must file a Claim Form with the Settlement Administrator so that it is postmarked no later than September 2, 2008.
To be valid, the submitted Claim Form must include:
- The Class Member’s name, mailing address, and e-mail address (if available);
- The serial number of the previously purchased Fujitsu-branded Mobile HDD;
- The capacity of the previously purchased Fujitsu-branded Mobile HDD;
- The name and location of the online seller or retail store from which the Class Member previously purchased the Fujitsu-branded Mobile HDD; and
- Proof of purchase of the previously purchased Fujitsu-branded Mobile HDD, which may take the form of a receipt or invoice showing the purchase.
Class Members who do not have proof of purchase may still make a claim by submitting all other requested information and by declaring under penalty of perjury that they are the original purchaser of, and the amount paid for, the previously purchased Fujitsu-branded Mobile HDD.
To download a copy of the Claim Form and Instructions, click here.
Receiving a Discount:
Once the settlement becomes final, and any appeals are resolved (the “Effective Date”), the validity of all claims will be determined. If your claim is deemed invalid you will be notified by e-mail or U.S. Mail and will be afforded an opportunity to correct any deficiencies. If your claim is deemed valid, you will receive notification by e-mail or U.S. Mail along with details for redeeming your discount, as selected in your Claim Form.
If you selected Option 1, you will receive via e-mail, or U.S. Mail if e-mail is unavailable, a Promotion Code allowing you to a 20% discount at checkout on the purchase of a new Fujitsu-branded Mobile HDD from the buyFCPA Website (www.buyfcpa.com).
If you selected Option 2, you will receive via e-mail, or U.S. Mail if e-mail is unavailable, a Valid Claim Card entitling you to a 15% discount, in the form of a rebate, on the purchase of a new Fujitsu-branded Mobile HDD from any online retailer or retail store of your choice in the United States, other than the buyFCPA Website. To obtain the 15% rebate, you must return the Valid Claim Card to the Settlement Administrator with a proof of purchase (showing the purchase price) of a qualifying new Fujitsu-branded Mobile HDD, postmarked no later than 30 days after you purchased the new Fujitsu-branded Mobile HDD. You will be mailed a check within 60 days after the date the Valid Claim Card and proof of purchase is received by the Settlement Administrator.
5. How can I exclude myself from the settlement?
If you fit within the definition of the Settlement Class, you may decide, for whatever reason, that you do not want to participate in the settlement. If you wish to be excluded from the settlement, you must send a letter or postcard, postmarked no later than July 7, 2008 and include your name, address, telephone number, the name of the case (Moisan v. Fujitsu Computer Products of America, Inc., 1-06-CV-077316 (Santa Clara County Superior Court)), and a statement that you do not wish to participate in the settlement. All requests for exclusion must be signed by or on behalf of the person requesting exclusion and be sent to the following counsel:
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Class Counsel |
Defendant’s Counsel |
If you validly and timely request exclusion from the settlement: (i) you will be excluded from the Settlement Class and you will not be permitted to object to the settlement; (ii) you may not file a Claim Form to participate in the benefits of the settlement; (iii) you will not be bound by the Final Judgment entered in this Action; and (iv) you will not be precluded from otherwise prosecuting, at your expense, any individual claim, if timely, you may have related to the matters referred to in the Action.
6. How can I object to the proposed settlement?
If you fit within the definition of the Settlement Class and you would like to participate in the settlement, you still have the option of objecting to or commenting on the settlement under the procedures set forth here. You may (but need not) choose to hire, at your expense, an attorney to represent you for this purpose. However, you will be barred from bringing your own individual lawsuit asserting claims related to the matters referred to in the Action, and, if your objection is rejected, you will be bound by the final judgment just as if you had not objected. You additionally have the right to consult and/or retain an attorney of choice at your own expense to advise you regarding the settlement and your rights in connection with the settlement and the settlement hearing. You have the right, either personally or through an attorney retained by you, to appear at the Settlement Hearing and/or to seek to intervene in the Action.
If you wish to object to the settlement, you must file a written objection describing the basis for the objection with the Court. If you wish to be heard at the Settlement Hearing, you should so indicate in your written objection. Your objection must indicate that you are a member of the Settlement Class. The written objection must be mailed or hand-delivered to the Clerk of the Court, Superior Court of California, County of Santa Clara, Old Courthouse, 191 North First Street, San Jose, California 95113, must identify the case as Moisan v. Fujitsu Computer Products of America, Inc., 1-06-CV-077316 (Santa Clara County Superior Court), and must be received by the Court no later than July 7, 2008. You must also mail copies of your written objection to the following counsel which must be postmarked no later than July 7, 2008.
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Class Counsel |
Defendant’s Counsel |
SETTLEMENT CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THIS MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE HEARD AT THE SETTLEMENT HEARING.
7. When is the Settlement Hearing?
A hearing (the “Settlement Hearing”) will be held at the following location:
Date: August 1, 2008 - Time: 9:00 a.m.
Superior Court of California, County of Santa Clara
Honorable Jack Komar
161 N. First Street, Department 17C
San Jose, CA 95113
The purpose of the Settlement Hearing is for the Court to decide whether the proposed settlement is fair, and should be approved, and to decide whether to award the fees, costs and incentive awards requested by plaintiff and Class Counsel.
8. Where can I get additional information?
More information can be obtained by examining the file for Moisan v. Fujitsu Computer Products of America, Inc., 1 06-CV-077316, at the Superior Court of California, County of Santa Clara, Old Courthouse, 191 N. First Street, San Jose, California, 95113, during business hours, or from the Santa Clara County Superior Court’s website www.sccsuperiorcourt.org. Additionally, you may obtain more information by contacting Class Counsel at 1-800-437-7918 or 310-208-2800 or by calling toll-free 1-800-207-0343. Questions should not be directed to the Court.
The publication of this website and the Notice is not an expression of any opinion by the Court as to the merits of the lawsuit or as to the fairness of the proposed settlement. This website is published to advise you of the pendency of the Action, the proposed settlement, and your rights with respect thereto.