I received this interesting notice in the e-mail this morning.
Chambers v. Weber-Stephen Products LLC
Class Action Case No. 37-2011-00085919-CU-BT-CTL, San Diego Superior Court
A California Superior Court ordered distribution of this Notice in connection with a proposed settlement of
a Class Action. This Notice is not a solicitation.
YOUR LEGAL RIGHTS MAY BE AFFECTED WHETHER YOU ACT OR DON’T ACT.
PLEASE READ THIS NOTICE CAREFULLY
This notice concerns a proposed settlement of a class action lawsuit against Weber-Stephen Products LLC (“Weber”). The lawsuit alleges that Weber violated the law by designating Weber grills and certain accessories as “Made in USA.” Weber believes that because all Weber grills and the disputed accessories are designed and engineered in the USA, and all grills save for one line are manufactured and assembled in the USA using component parts primarily made in the USA, it did nothing wrong and therefore has valid defenses to plaintiff’s claims. The court has not held a trial or ruled in favor of either party on any disputed issues. Weber and the plaintiff have agreed to settle the matter to avoid the costs of continued litigation.
Under the terms of the proposed settlement, the Class Members are all persons who purchased a qualifying Weber Product for end-use from February 15, 2007, through February 15, 2012, which bore the designation “MADE IN USA” on the product and/or product packaging. The Court has certified the lawsuit to proceed as a class action for purposes of settlement.
Under the terms of the proposed settlement, Class Members are eligible to receive a check for $2.00, $5.00, or $9.00, depending on the price they paid for the qualifying Weber product. If the Court approves the proposed settlement, to receive the check, Class Members need only submit a completed Claim Form on-line or by mail. The Claim Form can be found online at www.WeberClassSettlement.com in English or en Español, or you can request to have one mailed to you by calling 1-877-219-9788. Each Class Member will be limited to a maximum of three Claims, and payments are available only to those persons who do not opt out of the proposed settlement. The payment offer expires on April 30, 2012, and is not transferable. Weber has also agreed to a permanent injunction, and, subject to Court approval, to pay the named class representative, Doug Chambers, a one-time fee of $5,000.00 to reimburse his expenses and time. Plaintiff’s Counsel will request up to $995,000.00 for attorney’s fees and costs, which Weber reserves all rights to oppose. The Court may award less than the amounts requested.
What are Class Members’ Options? To ask for cash and stay in the Class, Class Members must submit a Claim Form by April 30, 2012. If a Class Member does not want to participate in the settlement, the Class Member may request exclusion from the Class by June 20, 2012. Class Members may also stay in the Class and object to the settlement by June 20, 2012.
Do not contact the Court. To get additional information about the terms and conditions of the proposed settlement and your options, in English or en Español, please review the Notice of Proposed Settlement"
Looks like Weber might have slipped a little mix of foreign parts into their "Made in Amercia" products. I didn't have to review it before I went to work. But I figure by the time I get home you guys will have disected it and subitted your briefs.
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Well, this sure shows how screwed up our legal system is.
Weber believes that because all Weber grills and the disputed accessories are designed and engineered in the USA, and all grills save for one line are manufactured and assembled in the USA using component parts primarily made in the USA, it did nothing wrong and therefore has valid defenses to plaintiff’s claims....
Under the terms of the proposed settlement, Class Members are eligible to receive a check for $2.00, $5.00, or $9.00, .... Plaintiff’s Counsel will request up to $995,000.00 for attorney’s fees and costs,.....
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Another get rich law suit for the lawyers involved. The general public only see a couple of dollars. The Big 3 have been saying the same thing for years about their vehicle but they've never been sued. We have a Weber and it's been the best grill we've owned.
The law is very spacific in the use of the term "Made in America". If you look the cars say...Built in Anerica" and they are required to state the percentage of US and foreign parts. But I agree...way too much money for lawyers.
And all you need to do to collect your 2,5 or 9 dollars, is actually have your receipt, fill out 8 pounds of paper work and stand by your mailbox until 10 o'clock next summer to maybe collect the sales tax you paid. And you wouldn't even know about it unless you actually registered your warranty with Weber in the first place. So I'm guessing the size of the qualifying pool of buyers is about 100 folks.
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Webers are nice, don't get me wrong, but a Napoleon makes a weber look like a $199 Char-Broil by comparison. The nice thing is you can get Weber parts just about anywhere, wheras Napoleon's parts are more centered in the northern and eastern parts of the country.
As for the class action lawsuit, I am absolutely appalled... pennies for the consumers it allegedly defrauded, a measley $5000 for the person that filed the suit, and just shy of a million bucks for the attorneys... Awesome.