The following is being released by A.B. Data, Ltd., the Court-appointed Settlement Administrator for the Class Action Settlement in Christopher Julian, et al. v. TTE Technology, Inc. dba TCL North America, Case No. 3:20-CV-02857, U.S. District Court for the Northern District of California
TO ALL PERSONS WHO PURCHASED TCL TELEVISIONS IN THE STATE OF CALIFORNIA FROM APRIL 24, 2016, THROUGH DECEMBER 31, 2021
Read This Notice Carefully. You Could Receive a Payment of up to $40 From This Class Action Settlement. This Court-Authorized Notice describes your rights and gives information about the proposed settlement. This Notice is only a summary. Details of the settlement are available at www.HZClassAction.com or by writing to or calling the Class Action Settlement Administrator at the address or toll-free number below.
What Is This Case About?
In the lawsuit entitled Christopher Julian, et al. v. TTE Technology, Inc., Case No. 3:20-CV-02857-EMC, U.S. District Court for the Northern District of California, plaintiff Paul Fiskratti (“Plaintiff” or “Class Representative”), on behalf of himself and a proposed class, alleges that TTE Technology, Inc. dba TCL North America (“TCL”) marketed certain of its LCD televisions as having a “Hz” rating twice as high as its actual refresh rate. Specifically, Plaintiff alleges TCL deceptively advertised certain of its televisions with 60Hz native refresh rate panels as “120Hz CMI,” “120Hz Clear Motion Index,” and/or “120Hz CMI Effective Refresh Rate.” TCL denies that it misled consumers, disputes that it has done anything wrong, and believes its advertising was truthful and accurate and asserts that does not mislead consumers regarding Hz ratings. The lawsuit seeks money damages, as well as attorneys’ fees and costs and a court order requiring TCL to stop the foregoing advertising practices. The Court has not ruled on the merits of the claims or TCL’s defenses.
Who Is A Class Member?
All persons who purchased, new, one of the TCL Television models listed on www.HZClassAction.com between April 24, 2016 and December 31, 2021, in the state of California (“Settlement Class Members”).
What Are The Terms Of The Settlement?
TCL has agreed to pay $2,900,000 (“Settlement Fund”) in full and complete settlement and release of all claims of Plaintiff and the Settlement Class Members, as described in the Settlement Agreement. The funds will be used to pay Settlement Awards to Settlement Class Members who submit a valid Claim to the Settlement Administrator via a form on the Settlement Website during the Claim Period, after attorneys’ fees, costs, and other expenses have been deducted. The Settlement Awards will be set at $15 per valid Claim and subject to pro rata increase (totaling up to $40) or decrease, depending on the number of all approved Claims submitted. Class Counsel will ask the Court to approve an award of up to 25% of the Settlement Fund for attorneys’ fees, totaling $725,000; an award of reasonable litigation expenses and costs of approximately $148,000; and $2,500 to Plaintiff Fiskratti as Class Representative, all to be paid from the Settlement Fund. If there are amounts remaining in the Settlement Fund after payment of all Settlement Awards, that money will be distributed cy pres to charity.
How Do You Make A Claim?
In order to receive a Settlement Award, you must submit a signed and completed Claim Form online to the Class Action Settlement Administrator by no later than October 7, 2022. Claim Forms may also be submitted to the Class Action Settlement Administrator by mail if postmarked no later than October 7, 2022. The Claim Form is available at www.HZClassAction.com.
What Are My Other Options?
If you do not want to be legally bound by the Settlement, you may opt out of the Settlement by sending a request for exclusion to the Class Action Settlement Administrator no later than October 7, 2022. If you exclude yourself from the Settlement, you will not receive any money from the Settlement. If you stay in the Settlement (i.e., do not exclude yourself from the Settlement), you may object to the Settlement by writing to the Court explaining why you do not like the Settlement by no later than October 7, 2022. You will be bound by the Settlement if your objection is rejected. If you do nothing (i.e., submit no Claim Form or request for exclusion), you will not receive any benefits from the Settlement, but will nevertheless be bound by any judgment approving the Settlement and will give up any right to sue TCL or related parties for any known or unknown claims relating to marketing by TCL of the “Hz” rating of the televisions at issue.
Final Approval Hearing
The Court will hold a hearing in this case to consider whether to approve the Settlement on January 19, 2023, at 1:30 p.m., U.S. District Court for the Northern District of California, 450 Golden Gate Avenue, Courtroom 5 – 17th Floor, San Francisco, CA 94102. The date of the Final Approval Hearing may change without further notice to the class. Settlement Class Members should be advised to check the settlement website or the Court’s PACER site to confirm that the date has not been changed and whether the hearing may be held virtually due to COVID-19.
THIS NOTICE IS ONLY A SUMMARY. MORE INFORMATION ABOUT THE LAWSUIT AND THE PRECISE TERMS AND CONDITIONS OF THE SETTLEMENT IS AVAILABLE AT WWW.HZCLASSACTION.COM, OR WRITE OR CALL THE CLASS ACTION SETTLEMENT ADMINISTRATOR AT HZ CLASS ACTION SETTLEMENT ADMINISTRATOR, P.O. BOX 173007, MILWAUKEE, WI 53217 OR 877-888-8386 (TOLL-FREE), OR CLASS COUNSEL WHOSE CONTACT INFORMATION CAN BE FOUND AT HTTPS://CRUEGERDICKINSON.COM OR HTTPS://MILBERG.COM, OR BY ACCESSING THE COURT DOCKET IN THIS CASE, FOR A FEE, THROUGH THE COURT’S PUBLIC ACCESS TO COURT ELECTRONIC RECORDS (PACER) SYSTEM AT HTTPS://ECF.CAND.USCOURTS.GOV, OR BY VISITING THE OFFICE OF THE CLERK OF THE COURT FOR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, 450 GOLDEN GATE AVENUE, COURTROOM 5 – 17TH FLOOR, SAN FRANCISCO, CA 94102, BETWEEN 9:00 A.M. AND 4:00 P.M., MONDAY THROUGH FRIDAY, EXCLUDING COURT HOLIDAYS.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.