Goldenberg Schneider, LPA Announces Proposed Class Action Settlement Involving Plantronics BackBeat Fit Wireless Sport Headphones

CINCINNATI, Oct. 29, 2019 /PRNewswire/ --

A COURT AUTHORIZED THIS SUMMARY LEGAL NOTICE

If you purchased Plantronics BackBeat FIT wireless sport headphones, version Genesis or 16M ("Headphones"), you may be entitled to a cash payment of up to $50 or an extended warranty from a class action settlement.

A settlement has been reached in a class action lawsuit titled Shin v. Plantronics, Inc., No. 5:18-cv-05626-NC (N.D. Cal.). The lawsuit claims that Plantronics, Inc. falsely advertised and warranted the Headphones as sweatproof, waterproof, and providing up to eight hours of listening time on a single charge. Plantronics denies all of the claims and allegations in the lawsuit and denies any wrongdoing and stands by its products as advertised and warranted.

WHO IS A CLASS MEMBER?

You may be in the Settlement Class if you live in the United States and its territories and purchased at retail the Headphones on or between April 1, 2014, and October 31, 2019.

WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?

Class Members can receive one of the following benefits under the settlement:

Extended Limited Warranty – Class Members who purchased Headphones on or after January 1, 2018, receive a 12-month limited warranty extension unless they file a claim for the $50 or $25 cash payment (see below). The Extended Limited Warranty applies to the Headphones' battery, battery performance, ability to retain a charge, or their resistance to water, moisture, or sweat and is subject to terms and conditions as described in the Settlement Agreement. The Extended Limited Warranty will begin to run on the Effective Date of the Settlement. You do not need to submit a Claim Form if you qualify for the Extended Limited Warranty. However, if you choose to receive a cash payment through this Settlement, you are not eligible to also receive the Extended Limited Warranty.

$50 Cash Payment – Class Members who submit a Valid Claim supported by proof of purchase information and provide evidence that the Class Member made a contemporaneous written claim or complaint that their Headphones were defective or did not function properly may receive a cash payment of $50. Class Members must attest that: (a) their Headphones malfunctioned or failed to work properly due to an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones' resistance to water, moisture, or sweat; and (b) they did not previously receive a replacement set of Headphones from any source or a refund from Plantronics or the retailer from which they purchased the Headphones for all or any portion of their purchase price. Proof of purchase information can be satisfied by the Class Member submitting evidence (e.g., a receipt) or by purchase information obtained by Class Counsel from third-party retailers (e.g., Costco, Best Buy). Class Members who purchased multiple sets of Headphones can receive up to two $50 payments. Class Members who previously received replacement Headphones or a refund in response to the original warranty claim or complaint are not entitled to payment under this alternative. The Settlement Administrator will review all claims, as necessary, to determine whether the information obtained from third-party retailers satisfies the proof of purchase requirement. The Settlement Administrator will also review information and records in Plantronics' possession and obtained from third-party retailers to determine if the Class Member made a written claim or complaint. Go to www.headphonesettlement.com to file a claim.

$25 Cash Payment – Class Members who submit a Valid Claim supported by proof of purchase information and attest that (a) their Headphones malfunctioned or failed due to an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones' resistance to water, moisture, or sweat, and (b) they did not previously receive a refund, may receive a $25 cash payment. Proof of purchase information can be satisfied by the Class Member submitting evidence (e.g., a receipt) or by purchase information obtained by Class Counsel from third-party retailers (e.g., Costco, Best Buy). The Settlement Administrator will review all claims, as necessary, to determine whether the information obtained from third-party retailers satisfies the proof of purchase requirement. Class Members who purchased multiple sets of Headphones can receive up to two $25 payments. Class Members who previously received a set of replacement Headphones are limited to one $25 payment. Go to www.headphonesettlement.com to file a claim.

Plantronics has also agreed to pay (1) reasonable attorneys' fees and expenses to Class Counsel not to exceed $650,000; (2) a Service Award of $5,000 to the Named Plaintiff; and (3) the costs of administering the Settlement. 

YOUR RIGHTS AND OPTIONS

Submit a Claim Form. To be eligible to receive a cash payment, you must submit a timely Claim Form. You can submit a Claim Form electronically on the Settlement Website:  www.headphonesettlement.com or download a Claim Form from the Settlement Website, complete the information, and mail it to the Settlement Administrator. Your Claim Form must be postmarked or submitted online no later than December 31, 2019. (Click Here to file a claim)

Opt Out. You may also exclude yourself from the settlement and keep your rights, if any, to sue Plantronics by sending a written request for exclusion to the Settlement Administrator by November 22, 2019. If you do not exclude yourself, you will be bound by the Settlement and give up your right to sue regarding the settled claims. 

Object. If you do not exclude yourself, you have the right to object to the proposed Settlement. Written objections must be signed, postmarked by November 22, 2019, and provide the reasons for the objection. Please review the Settlement Website www.headphonesettlement.com for further details.

Do Nothing. If you do nothing, you will not receive any cash payment and will lose the right to sue regarding any issues relating to the Lawsuit and claims released by the Settlement. You will be considered part of the Settlement Class, and you will be bound by the Settlement and the Court's decisions.

Released Claims. If you submit a claim, do nothing, or do not exclude yourself from the Settlement, you will be releasing Plantronics from all claims, damages, and losses that you now have or may have in the future that relate to your Headphones' battery, battery performance, ability to retain a charge, or their resistance to water, moisture, or sweat.

Attend the Fairness Hearing. The Court, located at the United States District Court for the Northern District of California, 280 South 1st Street, Courtroom 5, San Jose, California 95113, will hold a Fairness Hearing on December 20, 2019 at 11 am. All persons who timely object to the Settlement by November 22, 2019, may ask to appear at the Fairness Hearing.     

This Notice is only a summary. You can find more details at the Settlement Website: www.headphonesettlement.com or by calling toll-free 800-983-6533.

Do not contact the Court.

SOURCE Goldenberg Schneider, LPA