What is this about?
The original Interstate Batteries Class Action Settlement has been amended, and the Court has preliminarily approved the Amended Settlement Agreement. This notice describes the terms of the new Amended Settlement Agreement.
A nationwide class action settlement has been preliminarily approved by the Court in Milano v. Interstate Battery System of America, Inc., et al., Case No. 4:10-cv-02125-CW (N.D. Cal.). The lawsuit claims that you may have overpaid for a replacement battery under the terms of Interstate Batteries pro-rata warranty. Defendants deny they did anything wrong.
You Are a Member of the Settlement Class If:
You were the original purchaser of an Interstate Batteries trademarked battery (meaning the Interstate Batteries, Nationwide, Power Volt, and Quickstart brands) that was covered by a Previous Interstate Batteries' Pro-Rata Warranty and that was purchased from an Interstate Batteries authorized dealer (but not from an All Battery Center Store), in the United States or the District of Columbia, at any time from April 19, 2000 through April 30, 2012, And Either:
You later presented that original battery, during the applicable pro-rata-warranty-coverage period, to an Interstate Batteries authorized warranty dealer for a pro-rata-warranty adjustment on the price of a Replacement Battery, and you then purchased that Replacement Battery from that dealer at an adjusted price on a date from May 19, 2006, through April 30, 2012. ("Replacement-Battery-Purchaser Class")
You still have, on or before April 30, 2012, an unexpired contractual right under a Previous Interstate Batteries' Pro-Rata Warranty to purchase a Replacement Battery in a pro-rata-warranty-adjustment transaction, if your original battery fails under the terms of the Previous Interstate Batteries' Pro-Rata Warranty. ("Unexpired-Warranty-Holder Class")
The Settlement Benefits
If the Court grants final approval of the settlement, Interstate Batteries will improve a number of its warranty practices going forward. Settlement Class Members who have receipts from their pro-rata transaction can submit claims for their choice between a $12 product voucher or $8.50 check card. Settlement Class Members without receipts can participate and receive a $5 product voucher. Claims must be submitted by the applicable Submission Deadline. If you purchased your replacement battery on or before April 30, 2012, your Submission Deadline is December 31, 2012. If you purchased your replacement battery on or after May 1, 2012, your Submission Deadline is one year after the date you bought your replacement battery. Your Submission Deadline can never be later than December 31, 2020. Product vouchers can be used at Interstate All Battery Center Stores and at www.InterstateBatteries.com.
The Fairness Hearing
The Court will determine whether to approve the settlement and award attorney fees on June 28, 2012, at 2:00 p.m., at the U. S. District Court, Northern District of California, Courtroom 2, 1301 Clay Street, Oakland, CA 94612. To find out if the date of the Fairness Hearing has changed, visit the Class Settlement Website at www.InterstateBatteriesSettlement.com. Settlement Class Members do not have to, but may submit comments and objections, and ask to appear at the hearing. The Court has appointed counsel to represent the Class. To contact Class Counsel, visit www.GirardGibbs.com/InterstateBatteries.asp. If the settlement is approved, the attorneys representing the class will be paid separately by Interstate Batteries.
This is a Summary Notice. For complete information on the settlement and for complete details on what you must do to file objections and appear at the Fairness Hearing, visit www.InterstateBatteriesSettlement.com or write to Milano v. Interstate Battery System of America, c/o GCG, P.O. Box 9782, Dublin, OH 43017-5682.
SOURCE Girard Gibbs LLP