PHILADELPHIA, Jan. 10, 2020 /PRNewswire/ -- Angeion Group today announced that a proposed class action settlement has been reached in a case entitled Carlotti, et al. v. ASUS Computer International, et al., No. 4:18-cv-03369, filed in the United States District Court for the Northern District of California.
In the lawsuit, Plaintiff alleges that the ASUS Rog Strix GL502VS and GL502VSK laptops (the "Laptops") were deceptively marketed as powerful, portable machines ideal for gaming and video editing with independent cooling systems to give the Laptops "stability required for intense gaming sessions." Plaintiff alleges that the Laptops are not suitable for their ordinary and advertised purpose because the Laptops' batteries drain even when the Laptops are connected to electrical outlets (the "Power Defect"). Plaintiff also alleges that the Laptops' cooling systems are not independent because they use one set of heatsinks to dissipate heat from both the graphics processing unit and computational processing unit, so the Laptops overheat, leading to physical discomfort and/or diminishing the Laptops' performance and durability (the "Overheating Issue"). ASUS Computer International and ASUSTeK Computer Inc. are the defendants ("Defendants") and deny any wrongdoing.
If the Settlement is approved and you are a Class Member, you may be eligible to receive a Cash Payment in the amount of either $110 or $55 or a Credit Certificate in the amount of either $210 or $105 at your option. You are a Class Member if you purchased a new ASUS Rog Strix GL502VS or GL502VSK laptop from Defendants or an authorized ASUS retailer between May 4, 2014 and November 19, 2019, in the United States. Additionally, Defendants have extended the warranty for GL502VS laptops that suffered from the Power Defect. Call Defendants' technical support at 1-888-678-3688 to receive instructions for obtaining Extended Warranty service. You may receive a Cash Payment or Credit Certificate even if you obtain Extended Warranty service.
To obtain a Cash Payment, you must submit a valid Claim Form. To obtain a Credit Certificate, you must submit a valid Claim Form unless you complained to Defendants about a Power Defect and/or Overheating Issue prior to March 19, 2019. If your complaint is reflected in Defendants' records, then you will automatically receive a $210 Credit Certificate ("Automatic Credit Certificate"). If you prefer a Cash Payment, then you must submit a Claim Form. Claim Forms are available at www.ASUSLaptopSettlement.com. Depending on the benefit you request, Defendants may have the right to demand an inspection of your Laptop to confirm that your Claim is valid and you may have to provide proof of purchase. Visit www.ASUSLaptopSettlement.com for more information about the inspection process and conditions.
You may make a Claim and/or receive Qualifying Repairs under the Extended Warranty, Object to the Settlement, Opt Out of the Settlement, or do nothing. To receive a Cash Payment or Credit Certificate, you must submit a Claim (unless you qualify for an Automatic Credit Certificate), online or by mail, by April 3, 2020. To receive a Qualifying Repair under the Extended Warranty, you must contact Defendants at 1-888-678-3688, and follow their instructions. If you Opt Out of the Settlement, you may pursue a separate lawsuit, but you will receive no settlement benefit. Your Opt-Out request must be submitted online or postmarked by April 3, 2020. If you do not Opt Out, you give up your right to bring a separate lawsuit. To Object, you must submit a written Objection that complies with the requirements set forth in the Settlement Notice available at www.ASUSLaptopSettlement.com. Your Objection must be filed with the Court by April 3, 2020. Do nothing, and you will not receive a settlement benefit (unless you qualify for an Automatic Credit Certificate) and you will release claims against Defendants that relate to the allegations in the lawsuit. You may still obtain repairs under the Extended Warranty, if applicable.
The Court will hold a Final Approval Hearing on April 30, 2020 at 1:00 P.M. PST, to consider whether to approve the Settlement. The hearing will be held in the United States District Court for the Northern District of California, before Magistrate Judge Donna M. Ryu, in the Oakland Courthouse, 1301 Clay Street, Oakland, CA 94612, in courtroom 4 on the 3rd floor, or such other judge assigned by the Court. The Court will decide whether to approve the Settlement and whether to award Attorneys' Fees and Expenses of up to $787,500 and an Incentive Award of up to $5,000 to Plaintiff. The motion seeking Attorneys' Fees and Expenses and an Incentive Award will be posted on www.ASUSLaptopSettlement.com after it is filed. You may, but don't have to, attend the hearing. Cash Payments and Credit Certificates will be issued to the Settlement Class Members only if the Settlement is approved and after any Objections are resolved. Please be patient.
For more information, visit www.ASUSLaptopSettlement.com, or contact the Claim Administrator by email at Info@ASUSLaptopSettlement.com or by phone at 1-844-263-6122. You can also obtain additional information by contacting Class Counsel at: Seth A. Safier, Gutride Safier LLP, 100 Pine Street, Suite 1250, San Francisco, CA 94111/Tel: 415-639-9090.
PLEASE DO NOT CONTACT DEFENDANTS OR THE COURT TO INQUIRE ABOUT THE SETTLEMENT.
Douglas S. Clauson
SOURCE Angeion Group