The Detailed Notices approved by the Court describe the nature of the legal claims asserted in the litigation. In essence, the plaintiffs (Diane Mohan and DeMarco Enterprises, Inc.) alleged, among other things, that the defendants (Dell Inc. f/k/a/ Dell Computer Corp.; Dell Marketing LP (“DMLP”), on its own behalf and as successor by merger to Dell Catalog Sales LP (“DCSLP”); BancTec, Inc.; and Worldwide Tech Services, LLC f/k/a/ QualxServ LLC) violated California’s Consumer Legal Remedies Act (“CLRA”) and Unfair Competition Law (“UCL”) by charging and collecting monies as a purported “tax” on sales of optional service contracts, which in fact are not subject to tax under California law. The defendants have denied that they violated the CLRA or UCL. The defendants then filed a cross-claim against the California State Board of Equalization (the “SBE”) for refunds of the amounts paid as taxes on optional service contracts, as defendants had remitted that money to the State. After eight years of litigation, the parties agreed on two proposed settlements which have been presented to the Court for approval. One settlement is between the plaintiffs and the defendants (the “Dell Settlement”) and one settlement is between plaintiffs, defendants and the SBE (the “SBE Settlement”). Between the two settlements, and for customers with a California shipping address, qualifying class members may claim the entire amount of taxes they paid on Optional Service Contracts purchased from Dell from April 8, 1999 through June 30, 2008, provided that they were not previously provided a refund. For a definition of Optional Service Contracts, please see the Detailed Notices.
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A copy of the Short Form Notice And Individual Summary was sent to customers as identified in Dell’s customer records as having purchased, and paid tax on, one or more Optional Service Contracts during the period from April 8, 1999 through June 30, 2008, which tax was not previously refunded by Dell.
There are two settlements because the payments for the Dell Settlement are funded by Dell and the payments for the SBE Settlement are funded by the SBE.
The Dell Settlement covers:
The SBE Settlement covers:
The two settlements are substantially similar. However, there are some differences. For example, no interest is paid on those transactions covered by the Dell Settlement, and the Dell Electronic Claim Form is simpler than the SBE Electronic Claim Form. In addition, if you submit an SBE Electronic Claim Form and owe a debt to the State of California, such debt may be offset against any tax refund check you may receive from the SBE.
The time period is from April 8, 1999 through June 30, 2008.
If you received a Short Form Notice And Individual Summary in the mail, you have been identified in Dell’s records as a person who falls within the definition of one of the classes as conditionally certified by the Court. If Dell’s records indicate that you made more than one purchase and fall into both Settlement Classes, you should have received two separate notices. If you did not receive a copy of the Short Form Notice And Individual Summary, but believe that you may be a member of either or both of the classes, you may contact the Claims Assistance Line at 1-877-502-2008.
No. The Court has appointed Class Counsel to represent the class members at no cost to the class members, as listed in the Detailed Notices.
If you have questions about the Settlements, please either call 1-877-502-2008, or write to the following address:
Louderback Law Group
650 California Street, Fifth Floor
San Francisco, CA 94108
Of course, if you wish to consult with or retain your own attorney, you are free to do so at your own expense.
Under the proposed settlements, Dell or the SBE will reimburse each class member who files a valid Electronic Claim Form an amount equal to the amount they paid as tax for Optional Service Contracts under that assigned customer number. Claimants paid under the SBE Settlement will also receive statutory interest on the overpayment. The tax overpayment for a typical computer service contract was between $3 and $30, but for some large businesses or institutional customers that purchased many service contracts, the tax overpayment may be more.
The Detailed Notices describe the procedures and requirements for filing requests to be excluded from the Settlement Class(es). Bear in mind that your request for exclusion must be postmarked on or before March 19, 2013, and must contain your name, address, and a signed statement that you wish to be excluded from the Settlement Class of which you are a member. If you do not send a valid request for exclusion before the deadline, and you are a member of one or both of the Settlement Classes as defined by the Court, then you will automatically be included in the Settlement Class(es) and be bound by the terms of the Settlement Agreement(s). If you are a member of both the Dell Settlement Class and the SBE Settlement Class and wish to exclude yourself from both Settlement Classes, you must send two separate requests for exclusion. The address(es) you must send your request(s) for exclusion are contained in the relevant Detailed Notice.
If you are a member of one or both of the Settlement Classes and wish to comment on, or object to, the proposed settlement for that Settlement Class, you must file your detailed comments or objections in writing with the Court (at the address listed on the Detailed Notice) on or before March 19, 2013. You must include your name, address and telephone number, and, for the SBE Settlement, you must send a copy of your written comments or objections to Class Counsel, Counsel for Defendants and SBE, respectively, at the addresses listed in the SBE Detailed Notice. For the Dell Settlement, you must send a copy of your written comments or objections to Class Counsel and Counsel for the Defendants at the addresses listed in the Dell Detailed Notice.
On April 18th, 2013 9:30 a.m., in Courtroom 303 of the San Francisco County Superior Court, 400 McAllister Street, San Francisco, California, 94102, the Court will conduct a hearing to consider whether the proposed settlements should receive final approval as fair, adequate, reasonable, and in the best interest of the Settlement Classes, as well as to consider Class Counsel’s Application for an Award of Attorneys Fees and Expenses and Class Representative Incentive Awards and any other matters that may properly come before the Court in connection with the hearing. If you wish to be heard at the Final Hearing, in person or through your own attorney, you must notify the Court and counsel for the parties on or before March 19, 2013, as directed in the relevant Detailed Notice.
The Court issued orders which preliminarily approved the Settlements on December 12, 2011 and March 4, 2012, and directed the Settlement Administrator to send the Short Form Notice And Individual Summary to members of the Settlement Classes. The Final Hearing is scheduled for April 18, 2013. The Court will issue a final ruling on the Settlements sometime on or after the Final Hearing date.
The deadline to file a Claim was May 29, 2013. That deadline has passed and we are no longer accepting additional Claim submissions. If you have any questions or want more information about the Settlement, please call the Claims Assistance Line at (877) 502-2008.
Some repeat customers who purchased Optional Service Contracts from Dell on more than one occasion between April 8, 1999 and June 30, 2008 may have been assigned more than one Dell Claim Number and/or more than one SBE Claim Number and therefore, will receive more than one Short Form Notice And Individual Summary. Some customers may also be members of both Settlement Classes and received a Short Form Notice And Individual Summary for each. To ensure that you receive full compensation under both settlements, you must file an Electronic Claim Form for each short Form Notice And Individual Summary that has been sent to you. You will need each of your Dell Claim Number(s) and password(s) and SBE Claim Number(s) and password(s) to file those claims. You may receive a separate payment for each Electronic Claim Form submitted or a combined payment. If you have lost the Short Form Notice And Individual Summary which was sent to you or if you did not receive one and need to obtain your Dell Claim Number(s) and password(s) and/or SBE Claim Number(s) and password(s) please call the Claims Assistance Line at 1-877-502-2008.
For Dell Claims:
If you filed a Dell Claim and you need to update your address, you must send a letter with your Dell Claim Number(s), your name, your previous address, and your new address to the Settlement Administrator at:
Mohan v. Dell Litigation
P.O. Box 3240
Portland, OR 97208-3240
For SBE Claims:
If you filed an SBE Claim and you need to update your address, you must send a letter with your SBE Claim Number(s), your name, your previous address, and your new address to the SBE at:
California State Board of Equalization
Mass Refund Processing
450 N Street, MIC: 89
PO Box 942879
Sacramento, CA 94279-0089
If you are filing a Dell Claim, you will need to file a Dell Claim under the Customer Name as it is provided on the Dell Short Form Notice And Individual Summary you received. You must also send a letter with your Dell Claim Number(s), your previous name, your new name, your address and a copy of a court order, marriage certificate, divorce judgment or other legal documentation showing the name change to the Settlement Administrator at:
Mohan v. Dell LitigationSettlement AdministratorP.O. Box 3240Portland, OR 97208-3240
If you are filing an SBE Claim as an individual and if your name has legally changed, you must file an SBE Claim under the Customer Name as it is provided on the SBE Short Form Notice And Individual Summary you received. You must also send a letter with your SBE Claim Number(s), your previous name, your new name, your address and a copy of a court order, marriage certificate, divorce judgment or other legal documentation showing the name change to the SBE at:
If you have filed a Dell Claim, you need to write a letter to the Settlement Administrator at Mohan v. Dell Litigation, Settlement Administrator, P.O. Box 3240, Portland, OR 97208-3240 and provide documentation of the business name change.
If you filed an SBE Claim, you cannot have the name changed on the settlement check. You will need to deposit
the check and, if there is a problem, work with your bank to resolve it.
There are several reasons for such a circumstance, including;
In all of these situations, you are not a class member and are not entitled to file a claim. It is also possible that the last known address for you in Dell’s records is no longer your address and the Short Form Notice And Individual Summary did not reach you.
Please contact the Claims Assistance Line at 1-877-502-2008 and be prepared to provide as much information as you possess about your purchase (e.g. approximate date of purchase, items purchased, billing information used for the transaction, shipping information used for the transaction, invoice number, etc.). The claims assistance staff will attempt to obtain a Claim Number for you or provide more information on your eligibility.
If you do nothing, you will be a member of the class and you will be bound by any judgment which the Court enters in the legal action. If the settlements are given final approval, you will not be able to sue the defendants on your own over the issues raised in the legal action and you will not receive any compensation. You must file a claim(s) to receive compensation under the settlement(s).
You can call the Claims Assistance Line at 1-877-502-2008 or view the Detailed Notices
and/or the Settlement Agreements available on this website.
Please be assured that all your claim information will be transmitted over a secure connection established by the Settlement Administrator. You can confirm this by noting that the web address of the claim form web page begins with “https,” which stands for “Hypertext Transfer Protocol Secure.” To view the website’s security certificate, click on the lock icon (usually located at the bottom of your screen or to the right of your URL bar). Click “view certificates” and then “certification path.” The certificate status should read “This certificate is ok.”
The use of electronic claim forms streamlines claims processing, which increases the accuracy and speed of issuing refunds once the settlements are finally approved by the Court. As noted above, steps have been taken to ensure the security of the information provided. If you have questions about the security of the information you provide, you may call the Settlement Administrator’s toll-free assistance line at 1-866-287-6098 to discuss any questions you may have. You may also at that time request that a paper claim form be sent to you. Note, however, the processing of paper claims may take additional time and individual paper claims may be deemed invalid if a claimant fails to provide complete information. If you are having difficulty submitting a claim, you can call the Claims Assistance Line at 1-877-502-2008.