Your rights may be affected by a class action settlement.
The information contained on this website is only a summary. For additional details, please read the Long Form Notice available here. This is only a summary.
The lawsuit claims that TCL deceptively advertised certain of its Televisions with 60Hz native refresh rate panels as “120Hz CMI,” “120Hz Clear Motion Index,” and/or “120Hz CMI Effective Refresh Rate.” The lawsuit claims that TCL violated, among others, the California Consumers Legal Remedies Act, California’s False Advertising Law, California’s Unfair Competition Law, and that TCL was unjustly enriched. TCL denied these claims. More information can be found in the
Second Amended Class Action Complaint.
The Court did not decide in favor of Plaintiff or TCL. Plaintiff thinks he would have prevailed at trial. TCL thinks the Plaintiff would not have won anything from a trial. But there was no trial. Instead, both sides agreed to this Settlement. That way, both sides avoid the risk and cost of a trial, and the Class Members will receive compensation. The Class Representative and their attorneys think the Settlement is best for all Class Members
Who is Included?
The Court has certified this case for settlement purposes only as a class action. The class (the “Settlement Class”) is defined as:
All individuals who, from April 24, 2016 to December 31, 2021, purchased a new TCL television marketed as having a “Hz” rating twice as high
as its native panel refresh rate (Hz) in the state of California.
Excluded from the Settlement Class are all persons who validly opt out of the Settlement in a timely manner; governmental entities; counsel of
record (and their respective law firms) for the Parties; TCL and any of its parents, affiliates, subsidiaries, independent service providers and
all of its respective employees, officers, and directors; the presiding judge in the Action or judicial officer presiding over the matter, and
all of their immediate families and judicial staff; and any natural person or entity that entered into a release with TCL prior to the Effective
Date concerning the refresh rate of TCL televisions.
Also excluded from this settlement is anyone purchasing a TCL television in New Jersey. Although New Jersey consumers were included in the Complaint,
this settlement is limited to California consumers during the class period. New Jersey consumers’ cases are dismissed without prejudice and their statutes
of limitations are no longer tolled, so if you are a New Jersey consumer interested in pursuing an action you should seek legal counsel.
| Your Legal Rights and Options In This Settlement: | |
|---|---|
| Submit A Claim Form | If you submit a valid Claim Form by November 7, 2022, you will receive a cash refund in the form of an electronic payment, and will give up certain rights to sue TCL. |
| Exclude Yourself From The Case | This is the only option that allows you to sue TCL on your own regarding the legal claims in this case, but you will not receive compensation under the Settlement. The deadline for excluding yourself is October 7, 2022. |
| Object To The Settlement | Write to the Court about why you do not like the Settlement. A Settlement Class Member who objects still remains in the Settlement Class and must submit a claim form in order to obtain a monetary award. The deadline for objecting is October 7, 2022. |
| Do Nothing | If you do nothing, you will receive no money from the Settlement, but you will still give up certain rights to sue TCL. |
| Attend The Final Approval Hearing |
The Court will hold a Final Approval Hearing at 1:30 p.m. on January 19, 2023, at the United States District Court for the
Northern District of California, San Francisco Courthouse, 450 Golden Gate Avenue, Courtroom 5 - 17th Floor, San Francisco,
CA 94102.
The date of the Final Approval Hearing may change without further notice to the Settlement Class. Settlement Class Members
should check the Settlement Website or the Court’s PACER site to confirm that the date has not been changed and whether the
hearing may proceed virtually due to COVID-19. |
