Nationwide Class Action Settlement In Milano v. Interstate Battery
Girard Gibbs LLP issued a statement on December 7 regarding the court case Milano v. Interstate Battery System of America.
A nationwide class action settlement has been preliminarily approved by the Court in Milano v. Interstate Battery System of America, Inc., et al., Case No. 4:10-cv-02125-CW (N.D. Cal.). The lawsuit claims that customers may have overpaid for a replacement battery under the terms of Interstate Batteries' pro-rata warranty. Defendants deny they did anything wrong.
Members of the Settlement Class are identified if:
- They purchased an Interstate Batteries trademarked battery from an authorized dealer in the United States or the District of Columbia
- Their original battery had an Interstate Batteries' pro-rata warranty
- They returned their failed original battery to an Interstate Batteries authorized warranty dealer during their pro-rata-warranty-coverage period
- They then purchased a replacement battery from that dealer at an adjusted price under the pro-rata warranty between May 19, 2006, and November 17, 2011
If the Court grants final approval of the settlement, Interstate Batteries will improve a number of its warranty practices going forward. Settlement Class Members who have receipts from their pro-rata transaction can submit claims for their choice between a $12 product voucher or $8.50 check card. Settlement Class Members without receipts can participate and receive a $5 product voucher. Claims must be submitted by December 31, 2012. Product vouchers can be used at Interstate All Battery Center Stores and at www.InterstateBatteries.com.
The Court will determine whether to approve the settlement and award attorney fees on March 8, 2012, at 2:00 p.m., at the U. S. District Court, Northern District of California, Courtroom 2, in Oakland, CA. Objections must be mailed by January 27, 2012. To find out if the date of the Fairness Hearing has changed, visit the Class Settlement Website at: www.InterstateBatteriesSettlement.com .
Settlement Class Members do not have to, but can submit comments and objections, and ask to appear at the hearing. The Court has appointed counsel to represent the Class. To contact class counsel, visit www.GirardGibbs.com/InterstateBatteries.asp. If the settlement is approved, the attorneys representing the class will be paid separately by Interstate Batteries.
For complete information on the settlement and for complete details on what potentially involved parties must do to file objections and appear at the Fairness Hearing, visit: www.InterstateBatteriesSettlement.com or write to:
Milano v. Interstate Battery System of America
c/o GCG
P.O. Box 9782
Dublin, OH
43017-5682