No, you are not being sued. If you received the Notice, then you have been identified as a potential class member in a class action lawsuit. For more information about how to get a payment from the lawsuit, please see FAQ 6.
The Notice was sent to you pursuant to an Order of the Court because you or someone in your family may have purchased a Protection Plan in New York between February 1, 2010 and August 31, 2013.
You received the Notice because you have a right to know about the proposed Settlement of this lawsuit, and about all of your options, before the Court decides whether to approve the Settlement.
If you did not receive the Notice, you may review a copy here. You may also contact the Settlement Administrator at 1-888-457-2303 and request that the Notice be mailed to you, or you may download a copy here.
The Lawsuit alleges that Staples misrepresented the terms and conditions of the Protection Plans and failed to adequately disclose that the Protection Plans required consumers to use coverage available under the manufacturer’s warranty before obtaining coverage under the Protection Plans. The Lawsuit alleges that consumers overpaid for the Protection Plans to the extent that the Protection Plans overlapped with the manufacturer’s warranty. Staples denies the claims alleged in the lawsuit.
You are a member of the Class if you purchased any Extended Services Plans from Staples in New York State from February 1, 2010 to August 31, 2013. The Extended Services Plans included in the Settlement are all product service plans that (1) applied to computers, laptops, netbooks, tablets, digital readers, or any other technology products (including, without limitation, printers, fax machines, all-in-ones, shredders, digital cameras, camcorders, monitors, televisions, digital audio players, PDAs/handheld devices, GPS devices, networking equipment, scanners, projectors, cordless phones, electronic staplers, and external drives); and (2) were administered or otherwise supported by Assurant.
Your share of the Settlement Fund will depend on the number of valid Claim Forms submitted, the number of people identified from Staples’ records as a result of completing the registration for their Protection Plan, and the amount of costs and fees that will be paid from the Settlement Fund.
If you bought a Protection Plan in New York between February 1, 2010 and August 31, 2013, you will be entitled to make a Claim for an amount of at least 11 percent of the full price you paid for your Protection Plan. The Administrative Costs and the Fee and Expense Award will be deducted from the Settlement Fund first, and the rest of the Settlement Fund will be distributed to Class Members who either submit a timely Claim or who registered their Protection Plans. All the $3.95 million available will be distributed.
The details of the allocation are as follows:
Each person who has been identified by records from Staples and the company that administered the Protection Plan will be automatically sent a check or electronic payment after the Settlement is approved by the Court. However, these lists may not be complete. Therefore, to make sure you get a payment in the Settlement, you should complete a Claim Form here. Filling out a Claim Form will also allow for the Settlement Administrator to confirm your most recent address and email address. The amount you get will be based on the number of people who either submit Claims or are included on the lists provided to the Plaintiff. The amount you get will be allocated on a pro rata basis. That means, once the Settlement Administrator has the total number of people who are entitled to receive payments, the Settlement Administrator will divide the money up based on an equal percent of each purchase price. The lowest amount you will receive, if every Class Member makes a Claim, would be 11 percent of the Protection Plan purchase price (based on the total Settlement Fund). If fewer Class Members submit Claims, then the percentage you receive will go up accordingly.
It is important that you claim the money you receive in a timely fashion once you get your check or electronic payment. To ensure that eligible Class Members receive as much money as possible (up to the full purchase price of the Protection Plan), a second distribution may be made, if economically feasible, if there is still money in the Fund because Class Members did not cash their checks or claim their electronic payments. That second distribution will be sent only to those Class Members who previously cashed their checks or accepted their electronic payment.
The Court will hold a hearing at 11:00 a.m. on December 13, 2017 at the U.S. District Court, 500 Pearl Street, New York, New York 10007, in Courtroom 21A, to decide whether to approve the Settlement. If the Court approves the Settlement after that, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. The Settlement website will be updated for any new developments. Please be patient. We will work to get you your money as soon as possible.
To get a payment, you must either have registered your Protection Plan so your name will be on the lists provided by Staples or complete a Claim Form. The best way to ensure you get a payment is to complete a Claim Form online here. If you would rather complete a paper Claim Form, you can get one by downloading a copy here, emailing info@StaplesSettlement.com, calling 1-888-457-2303, or writing to the Staples ESP Settlement Administrator at P.O. Box 2876, Portland, Oregon 97208-2876.
Read the instructions carefully and complete the Claim Form no later than February 26, 2018.
The Court will hold a hearing at 11:00 a.m. on December 13, 2017 at the U.S. District Court, 500 Pearl Street, New York, New York 10007, in Courtroom 21A, to decide whether to approve the Settlement. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate and whether to approve the plan of allocation. The Court will also consider how much to pay to Class Counsel. If there are objections, the Court will consider them.
After the hearing, the Court will decide whether to approve these matters relating to the Settlement. We do not know how long these decisions will take. Please check this website for updates.
You are not required to hire an attorney because Lead Counsel is working on behalf of your interests. However, if you wish to retain an attorney, you may do so at your own expense.
The Court appointed the law firm of Gardy & Notis, LLP to represent all Class Members. You will not be separately charged for these lawyers. The Court will determine the amount of Plaintiffs’ Counsel’s fees and expenses, which will be paid from the Settlement Fund.
You can object to the Settlement if you don’t like any part of it, including the request by the Plaintiff’s Counsel for the Fee and Expense Award described above. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views.
To object, you must file a written statement with the Court no later than November 27, 2017 saying that you object to the Settlement. Be sure to:
To file with the Court, you must either have an electronic filing account, send your objection in the mail, or hand-deliver your papers to the Clerk of the United States District Court, Southern District of New York, 500 Pearl Street, New York, New York 10007-1312. Also, you must serve by e-filing, hand-delivery, or overnight mail the objection to the following attorneys by November 27, 2017:
|Meagan A. Farmer
GARDY & NOTIS, LLP
126 East 56th Street
New York, NY 10022-3613
|Barry M. Kazan, Esq.
THOMPSON HINE LLP
335 Madison Avenue
New York, NY 10017-4611
If you do not want to get a payment from the Settlement and you want to keep the right to sue or continue to sue Staples on your own about the legal issues in this case, you must take certain steps to get out of the Settlement. This process is called excluding yourself from or “opting out” of the Class.
To opt out of the Settlement, you must send a letter with the following:
You must mail your letter postmarked by November 27, 2017 to:
Staples ESP Settlement Administrator
P.O. Box 2876
Portland, OR 97208-2876
You cannot exclude yourself by telephone, email, or on this website. If you ask to be excluded, you will not get any Settlement payment and you cannot object to the Settlement. You will not be bound by anything that happens in this Lawsuit. You will be free to pursue your own claims at your own expense if you choose to do so, without any guarantee of success.
If you still have unanswered questions, please call the Settlement Administrator at 1-888-457-2303 toll-free; write to Staples ESP Settlement Administrator, P.O. Box 2876, Portland, OR 97208-2876; email the Settlement Administrator at info@StaplesSettlement.com; or contact the Plaintiff’s lawyer Meagan Farmer of Gardy & Notis, LLP at MFarmer@GardyLaw.com.
Do not contact the Court or the Defendant for additional information about the Settlement.