Frequently Asked Questions
- Why did I get the notice?
- What is this lawsuit about?
- Why is this a class action?
- Why is there a settlement?
- How do I know if I am part of the settlement?
- Are there exceptions to being included?
- Which products are included?
- If I own an LG G2x mobile phone but have not experienced an identified defect, am I a Class Member?
- I am still not sure if I am included in the Class.
- What does the settlement provide?
- What can I get from the settlement?
- What if my phone experiences problems in the future?
- What am I giving up in exchange for the settlement?
- How can I receive a payment?
- When will I receive my payment?
- How do I get out of the settlement?
- If I do not exclude myself, can I sue LG for the same thing later?
- If I exclude myself, can I get money from this settlement?
- Do I have a lawyer in the case?
- How will the lawyers be paid?
- How do I tell the Court I do not like the settlement?
- What is the difference between objecting and asking to be excluded?
- When and where will the Court decide whether to approve the settlement?
- Do I have to attend the hearing?
- May I speak at the hearing?
- What happens if I do nothing at all?
- Are there more details about the settlement?
- How do I get more information about the settlement?
1. Why did I get the notice?
The Court directed the notice be sent to you because you have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court approves the settlement, and if any timely and valid objections are filed, after any appeals are resolved if appeals are taken, an administrator appointed by the Court will make the payments allowed by the settlement.
The information in this package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to receive them.
2. What is this lawsuit about?
The Court in charge of the case is the United States District Court for the Southern District of California, and the case is known as Horvath v. LG Electronics MobileComm U.S.A., Inc., Case No. 3:11-cv-01576-H-RBB. The people who sued are called the Plaintiffs, and the company they sued, LG, is called the Defendant.
This lawsuit claims LG sold defective LG G2x mobile phones that caused the phones to either (1) repeatedly freeze, shut down and power off randomly ("shutdown defect"), or (2) bleed or leak backlight from the edges of the phones' screens ("screen bleed defect"). LG denies all allegations of wrongdoing and has asserted many defenses. This settlement is not an admission of wrongdoing.
3. Why is this a class action?
In a class action, one or more people, called Class Representatives (in this case, Terry Horvath, Jeremy Forsythe, Ronald Johnson and Fred Montgomery), sue on behalf of people who have similar claims. All of these people make up a Class and are called Class Members. A single court resolves the issues in the lawsuit for all Class Members, except those who exclude themselves from the Class.
4. Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits are provided to the Class Members. The Class Representatives and the attorneys think the settlement is in the best interest of the Class Members, as compared to the uncertainty or delays of a trial.
5. How do I know if I am part of the settlement?
For purposes of the settlement, the Court has approved a Class consisting of all persons who reside in the United States who purchased an LG G2x mobile phone and who complained to LG or T-Mobile about either the shutdown defect or the screen bleed defect between April 15, 2011 and October 30, 2013, and who can verify they continued to experience similar problems.
6. Are there exceptions to being included?
Yes. The Class does not include LG's directors, officers, and employees; any parent, subsidiary or affiliate of LG; any persons who have suffered personal or bodily injury or separate property damage as a result of either the shutdown defect or the screen bleed defect; and any persons who validly request exclusion from the Class.
7. Which products are included?
Any LG G2x mobile phone.
8. If I own an LG G2x mobile phone but have not experienced an identified defect, am I a Class Member?
No. To be a Class Member, you must have experienced one or more of the identified defects.
9. I am still not sure if I am included in the Class.
If you are still not sure whether you are a Class Member, you can call 1-800-248-3581.
10. What does the settlement provide?
If the settlement is approved and becomes final, LG will pay $19.00 to all Class Members who submit a timely and valid claim. LG will also make payments of $19.00 for each LG G2x mobile phone that was received by a Class Member as a replacement phone if that replacement phone would otherwise qualify for making a claim.
11. What can I get from the settlement?
The settlement provides for a payment of $19.00 per phone to each Class Member who files a timely and valid claim.
12. What if my phone experiences problems in the future?
If your LG G2x mobile phone experienced one or more of the identified defects between April 15, 2011 and before October 30, 2013 and you complained to either LG or to T-Mobile by October 30, 2013, you may submit a Claim Form to obtain a payment of $19.00. If your LG G2x mobile phone experiences one or more of the identified defects for the first time after October 30, 2013, you are not entitled to a $19.00 payment through this settlement.
13. What am I giving up in exchange for the settlement?
If the settlement is approved and becomes final, all of the Court's orders will apply to you and legally bind you. That means you won't be able to sue, continue to sue, or be part of any other lawsuit against LG involving the factual and legal issues in this case.
The specific rights you are giving up are called Released Claims. The Released Claims are described in more detail in the Definitions Section of the Settlement Agreement at provision 1-1.20. The Settlement Agreement is available on this website.
14. How can I receive a payment?
To qualify for a payment, you must submit a Claim Form and appropriate supporting documentation by the claims deadline. A Claim Form, including instructions on how to make a claim, is available by calling 1-800-248-3581.
You must read the instructions carefully, fill out the form as directed in the instructions, include all information requested, and sign the Claim Form under penalty of perjury. If you choose to submit the Claim Form by U.S. Mail, the Claim Form must be postmarked on or before February 24, 2014. If you choose to submit the Claim Form by any means other than U.S. Mail, including via the website, you must submit the Claim Form on or before February 24, 2014.
Follow all of the instructions in the Claim Form.
15. When will I receive my payment?
The Court will hold a hearing on January 13, 2014, to decide whether to approve the settlement. It is possible there may be appeals after approval. It is always uncertain whether the appeals can be resolved and resolving them can take time. The Settlement Agreement provides all complete and undisputed claims will be paid no more than 60 days after the Effective Date of the settlement, which is after any appeals have been resolved. Please be patient.
16. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying you want to be excluded from the Horvath v. LG Electronics MobileComm U.S.A., Inc., Case No. 3:11-cv-01576-H-RBB lawsuit and settlement. You cannot exclude yourself on the phone or by fax or email. In your letter, be sure to include your name, address, telephone number, and your signature, and if represented by counsel, your counsel's name, address and telephone number. You must mail your exclusion request postmarked no later than December 30, 2013 to:
LG G2x Claims Administrator
P.O. Box 43221
Providence, RI 02940-3221
If you ask to be excluded, then you: (i) will not get a payment from the settlement, and you cannot object to the settlement; (ii) will not be legally bound by anything that happens in this lawsuit; and (iii) may be able to sue (or continue to sue) LG in the future about the issues alleged and resolved in this case.
17. If I do not exclude myself, can I sue LG for the same thing later?
No. Unless you exclude yourself, you give up your right to sue LG for the claims this settlement resolves. You must exclude yourself to pursue your own lawsuit. Remember, any exclusion must be postmarked on or before December 30, 2013.
18. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, do not send in a Claim Form to ask for a payment from this settlement.
19. Do I have a lawyer in the case?
The Class is represented in this case by attorneys at Doyle Lowther LLP ("Class Counsel"). 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.
20. How will the lawyers be paid?
Class Counsel has not been paid for any of their work in this lawsuit. Class Counsel will apply to the Court for an award of attorneys' fees and reimbursement of expenses. LG has reserved the right to oppose the amount of attorneys' fees and expenses to be approved by the Court. Class Counsel will also apply to the Court for a payment of up to $2,500.00 to each of the Class Representatives for their help on behalf of the Class. The Court may award less than these amounts. To the extent approved by the Court, LG will separately pay all of these amounts as well as the costs to administer the settlement. These amounts will not come out of any of the monies that will be used to pay Class Members.
21. How do I tell the Court I do not like the settlement?
If you are a Class Member, you can object to the settlement if you do not agree with any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views before making a decision. To object, you must send a written objection to the Court, Class Counsel and LG's Counsel at the addresses listed below by U.S. Mail, first class, postage paid. Any objection must be received by the following persons on or before December 30, 2013. Only Class Members may object to the settlement.
|Clerk of the Court
United States District Court for
the Southern District of California
333 West Broadway
San Diego, CA 92101
|William J. Doyle II
Doyle Lowther LLP
10200 Willow Creek Road
San Diego, CA 92131
Shearman & Sterling LLP
Four Embarcadero Center
San Francisco, CA 94111
In order for an objection to be valid, the objection must: (i) state the Class Member's full name, current address and telephone number; (ii) state the case name and number (Horvath v. LG Electronics MobileComm U.S.A., Inc., Case No. 3:11-cv-01576-H-RBB); (iii) set forth a detailed statement of why the Class Member is objecting; (iv) state whether the Class Member or their counsel has previously objected to other class action settlements, and if so, state the number of objections to other class action settlements and identify each such instance by case name, court, and, if applicable, case number; (v) if represented by counsel, state counsel's name, address and telephone number; and (vi) include the Class Member's signature.
Any objecting Class Member who fails to submit an objection containing this information shall not be permitted to object to the settlement.
22. What is the difference between objecting and asking to be excluded?
By objecting you are telling the Court you do not agree with some part of the settlement. You can object only if you are a Class Member and stay in the Class. By excluding yourself, you are telling the Court you do not want to be part of the Class. If you exclude yourself, you have no right to object because the case no longer affects you.
23. When and where will the Court decide whether to approve the settlement?
The Court will hold the Fairness Hearing at 10:30 a.m. on January 13, 2014, in Department 15A at the United States District Court for the Southern District of California located at 333 West Broadway, San Diego, CA 92101. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. At or after the hearing, the Court will decide whether to approve the settlement. We do not know how long the Court will take to decide this matter.
24. Do I have to attend the hearing?
No, but you are welcome to come at your own expense. You may also pay your own lawyer to attend, but it is not necessary. If you submit an objection as provided above, you do not have to come to Court to talk about it. As long as your written objection was received on time and contained the required information, the Court will consider it.
25. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, as part of your objection, you should state it is your intent to appear, no later than December 30, 2013. You cannot speak at the hearing if you have filed a request for exclusion.
26. What happens if I do nothing at all?
If you do nothing, you will not receive a payment from this settlement. Additionally, unless you submit a timely and valid request for exclusion, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against LG regarding the legal and factual issues raised in this case.
27. Are there more details about the settlement?
The notice summarizes the proposed settlement. All of the settlement details are contained in the Settlement Agreement. Copies of the Settlement Agreement and the pleadings and other documents relating to the case are on file at the United States District Court for the Southern District of California and may be examined and copied at any time during regular office hours at the Office of the Clerk, 333 West Broadway, Suite 420, San Diego, CA 92101, or are available through PACER for review and download at www.pacer.gov. Copies of the Settlement Agreement, the First Amended Complaint, and other relevant documents are also available on this website.
28. How do I get more information about the settlement?
You can call 1-800-248-3581, where you can hear answers to common questions about the settlement, and request a Notice and Claim Form. Do not contact the Court to ask questions about the settlement.