We recently covered Motorola not releasing timely or working kernel sources, a punishable offense. Now they have been arrived to a settlement in a class action lawsuit filed against them, but for warranty-fulfillment reasons. Motorola allegedly is not fulfilling warranties correctly- if at all. If you have submitted any devices to Motorola under warranty, you may be entitled to benefits as a result of this Motorola settlement.
If you purchased a Motorola phone or smart watch and submitted it for warranty service, a class action lawsuit may affect your rights and you may be entitled to a cash payment or other benefits.
This is the first line of information found on the “Lynch v. Motorola Class Action Settlement” page. Motorola has not claimed responsibility and the courts have not made a decision regarding either side and who is right or not. Motorola is settling outside of court, and the company denies any wrongdoing. The court has preliminarily approved the settlement, however, compensation will not be paid out until the court has fully approved it. Motorola has accepted the settlement to avoid further litigation, absolve themselves of liability and so that members of the settlement classes can receive compensation and other benefits in exchange.
You May be Entitled to a Cash Payment or Other Benefit Due to the Motorola Settlement
Motorola has agreed to settle out of court, so what does this mean? Until December 6h, anybody who feels they fall under the categories listed on the website can submit a claim.
A device must have been submitted to Motorola between November 1, 2012, until August 14, 2017, for warranty reasons to be entitled to a claim. Not only that, you must also fall into one of the following four categories.
- An Advanced Exchange Program security deposit was charged but was never released;
- Motorola did not ship a replacement device within 10 days of receiving the Advanced Exchange Program fee;
- Motorola did not ship a repaired or replacement device within 20 days of Motorola receiving the original device; or
- Never received a repaired or replacement device and were not credited with a refund.
If you fit all of the above criteria, you may be entitled to make a claim for the following.
- If the security deposit was charged and never released, you will be entitled to receive the full amount that was charged.
- If you did not receive a repaired or replacement device and were not given a refund, you will be entitled to a new/like new device and $20 in cash.
- If Motorola did not ship a repaired/replacement device within 20 days, you will be entitled to $15 cash.
- If Motorola did not ship a repaired/replacement device within 30 days, you will be entitled to $20 cash.
If you submitted a device and have met any of the problems above, you fall into the “Damages Class” and can file a claim. If you submitted a device to Motorola within the time period but did not meet any of the problems listed above, you fall into the “Injunctive Class” category. This category is ensured that Motorola will be improving their warranty service in future, increasing checks and improving their warranty services for those having to avail of it.
How do I claim from the Motorola Settlement?
You can get a copy of the claim form here. Once you do that and fill it out, you can submit it through the post, fax or email using the following information.
KCC Class Action Services
P.O. Box 404000
Louisville, KY 40233-4000
E-Mail: [email protected]
A final hearing will then be heard in court on the 21st December 2017. If the settlement is then approved by the court and provided there are no appeals, then Motorola will begin to fulfill the settlement. If there are appeals, resolving them can take a long time and it may be well over a year before those claiming damages will receive benefits.