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TO: ALL PERSONS WHO PURCHASED NEW AT RETAIL IN THE UNITED STATES OR ACQUIRED THROUGH AN IDENTIFIABLE GIFT TRANSFER IN THE UNITED STATES: (i) A DVD PLAYER BEARING THE PANASONIC BRAND NAME WITH ONE OF THE FOLLOWING MODEL NUMBERS: A105, A110, A310, K510 OR X410; OR (ii) A DVD PLAYER BEARING THE JVC BRAND NAME WITH ONE OF THE FOLLOWING MODEL NUMBERS: XV-501BK, XV-511BK, OR XV-D701BK (HEREINAFTER, THE “DVD PLAYERS AT ISSUE”).
I. BACKGROUND
This notice describes the proposed settlement (the “Settlement”) of a proposed class action (the “Action”) brought by plaintiffs against Matsushita Electric Corporation Of America (“Matsushita”), and JVC Americas Corp. (“JVC”, and together with Matsushita, “Defendants”). The Court has conditionally ruled that the Action may be maintained on behalf of a class (the “Settlement Class”) defined as: All Persons who purchased new at retail in the United States, or acquired through an Identifiable Gift Transfer in the United States, one or more of the following DVD players: (i) a DVD player bearing the Panasonic brand name with one of the following model numbers: A105, A110, A310, K510 or X410; or (ii) a DVD player bearing the JVC brand name with one of the following model numbers: XV-501BK, XV-511BK, or VX-D701BK (the “DVD Players at Issue”). Excluded from the Settlement Class are: (i) Defendants; (ii) any company or entity that distributes, sells, or services the DVD Players at Issue; and (iii) Persons who timely and validly exclude themselves from the Settlement Class. This notice is to advise you as a member of the Settlement Class (“Settlement Class Member”) of the filing and status of the Action and of your rights with respect to a proposed Settlement of the Action (including certain rights that you can lose if you do not protect them). These rights include the right to be excluded from the Settlement. If you are a Settlement Class Member and do not request exclusion from the Settlement, you will be a Settlement Class Member if certification of the Settlement Class is finally pproved and will be bound by the terms of the Settlement Agreement. As a Settlement Class Member, you will have the right to attend the hearing that will be held by the Superior Court of New Jersey, Law Division, Middlesex County (the “Court”) on March 22, 2002, at 9:00 a.m., at which hearing the Court will consider the fairness, reasonableness, and adequacy of the proposed Settlement as set forth in the October 10, 2001, Settlement Agreement and Release (“Settlement Agreement”) on file with the Court. As a Settlement Class Member, you also have the right to object by filing written objections with the Court by March 8, 2002, which meet the requirements set by the Court. For more details see Section XI below.
II. NATURE OF THE ACTION
Plaintiffs in the Action allege that the DVD Players at Issue, which were manufactured by or on behalf of Defendants, are susceptible to one or more video and/or audio performance problems. The claims asserted in the Action are premised on unfair business practices in violation of the New Jersey Consumer Fraud Act, breach of express and implied warranties and common law fraudulent concealment. Plaintiffs in the Action seek injunctive relief, damages and recission.
I. BACKGROUND
This notice describes the proposed settlement (the “Settlement”) of a proposed class action (the “Action”) brought by plaintiffs against Matsushita Electric Corporation Of America (“Matsushita”), and JVC Americas Corp. (“JVC”, and together with Matsushita, “Defendants”). The Court has conditionally ruled that the Action may be maintained on behalf of a class (the “Settlement Class”) defined as: All Persons who purchased new at retail in the United States, or acquired through an Identifiable Gift Transfer in the United States, one or more of the following DVD players: (i) a DVD player bearing the Panasonic brand name with one of the following model numbers: A105, A110, A310, K510 or X410; or (ii) a DVD player bearing the JVC brand name with one of the following model numbers: XV-501BK, XV-511BK, or VX-D701BK (the “DVD Players at Issue”). Excluded from the Settlement Class are: (i) Defendants; (ii) any company or entity that distributes, sells, or services the DVD Players at Issue; and (iii) Persons who timely and validly exclude themselves from the Settlement Class. This notice is to advise you as a member of the Settlement Class (“Settlement Class Member”) of the filing and status of the Action and of your rights with respect to a proposed Settlement of the Action (including certain rights that you can lose if you do not protect them). These rights include the right to be excluded from the Settlement. If you are a Settlement Class Member and do not request exclusion from the Settlement, you will be a Settlement Class Member if certification of the Settlement Class is finally pproved and will be bound by the terms of the Settlement Agreement. As a Settlement Class Member, you will have the right to attend the hearing that will be held by the Superior Court of New Jersey, Law Division, Middlesex County (the “Court”) on March 22, 2002, at 9:00 a.m., at which hearing the Court will consider the fairness, reasonableness, and adequacy of the proposed Settlement as set forth in the October 10, 2001, Settlement Agreement and Release (“Settlement Agreement”) on file with the Court. As a Settlement Class Member, you also have the right to object by filing written objections with the Court by March 8, 2002, which meet the requirements set by the Court. For more details see Section XI below.
II. NATURE OF THE ACTION
Plaintiffs in the Action allege that the DVD Players at Issue, which were manufactured by or on behalf of Defendants, are susceptible to one or more video and/or audio performance problems. The claims asserted in the Action are premised on unfair business practices in violation of the New Jersey Consumer Fraud Act, breach of express and implied warranties and common law fraudulent concealment. Plaintiffs in the Action seek injunctive relief, damages and recission.
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