FAQ | Liptai Class Action Settlement

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If you purchased one or more Covered Products between February 5, 2014 and October 19, 2018, you have a right to know about a proposed settlement of a class action lawsuit and your options. The Circuit Court in Dane County in the State of Wisconsin has preliminarily approved the proposed settlement.

The Court ordered that Class Members have a right to know about a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. If the Court grants final approval to the settlement, and after any appeals are resolved, an administrator appointed by the Court will distribute the benefits under the settlement. The settlement website will provide updates regarding the progress of the settlement.

This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The case is known as Liptai v. Spectrum Brands Holdings, Inc., et al., Case No. 2018CV000321. The person who sued is called the Plaintiff, and the companies he sued are called the Defendants.
This lawsuit is about the branding, identification of the manufacturer, identification of the warrantor, and the “cup” capacity of the covered products. Specifically, the Class Represenstatative alleges that defendants misrepresented that the covered products are manufactured and warranted by Black & Decker and Farberware, when in fact they are not. The Class Representative also alleges that defendants represented that the coffee makers produce a certain number of “cups” but that they did not produce 8-fluid ounces per “cup.”

Defendants deny these allegations and the Court has not ruled who is correct. The parties reached an agreement to avoid the time and expense associated with further litigation.
In a class action, one or more people, called a Class Representative (in this case, Steven Liptai) sue on behalf of people who have similar claims. All of these people are a Class or Class Members. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class. A judge in the Dane County Circuit Court in Wisconsin is overseeing this class action.
The Court did not decide in favor of Plaintiff or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the time and expense of going to trial. The Class Representative and his attorneys think the settlement is best for everyone because it provides an appropriate recovery now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.
The Court previously decided that everyone who fits the following descriptions is a Class Member:

All Persons who purchased one or more Covered Products between February 5, 2014 and October 19, 2018.

The term “Covered Product” means and refers to Black & Decker branded air fryers, blenders, can openers, coffee grinders, coffee makers, electric knives, food processors, grills, irons, juicers, kettles, mixers, quesadilla makers, rice cookers, skillets and other surface cookers, slow cookers, toasters, toaster ovens, and waffles; and Farberware branded coffee urns and percolators, food processors, and toaster ovens.

Excluded from the Settlement Class are: (i) all Persons who properly and timely opt out pursuant to this Agreement; (ii) Spectrum Brands and Defendants, and their respective employees; (iii) any Person who properly and timely opts out pursuant to this Agreement; (iv) federal, state, and local governments (including all agencies and subdivisions thereof (but employees thereof are not excluded); and (v) the judges to whom this Action is assigned and any member of their immediate family.

If you are still not sure whether you are included in the Settlement Class, you can call 1-877-342-0827, and ask for free help.
If approved, the proposed settlement will provide for monetary benefits, notice/administration costs, class representative payment, non-monetary benefits to class members, and fees and costs for the lawyers who represented the settlement class. More specifically:
- A Court-appointed administrator will receive compensation to implement a class notice program and to assist in the processing of claims submitted by Settlement Class members.
- Settlement Class members who submit a timely and complete claim form will be entitled to receive a partial refund of up to $4, depending on the number of approved claims.
Subject to Court approval, the Class Representative may also receive a service payment of up to $2,500, for his time and effort acting as a class representative and for his willingness to bring this litigation on behalf of other consumers.
To qualify for a payment under the settlement, you must complete and submit a claim form.

You can obtain a claim form in one of three ways: (1) online here; (2) by phone at 1-877-342-0827; or (3) by mail to Liptai Class Settlement, c/o Digital Settlement Group, LLC, 8001 Broadway Suite 200, Merrillville, IN 46410.

Read the instructions carefully and submit the claim form online no later than February 28, 2019.

Alternatively, you may also submit your claim form by mailing it to the following address:

Liptai Settlement
Digital Settlement Group, LLC
8001 Broadway, Suite 200
Merrillville, IN 46410

It must be postmarked no later than February 28, 2019.
The Court will hold a hearing on March 22, 2019, to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take up to a year or more. The settlement website will keep you informed of the progress of the settlement. Please be patient.
If you stay in the Settlement Class and the Court approves the settlement, you will release claims relating to the branding, identification of the manufacturer, identification of the warrantor, , and the “cup” capacity of Covered Products that you purchased between February 5, 2014 and October 19, 2018.

The full definition of Released Claims is set forth in the Settlement Agreement and provides as follows: any claim, liability, right, demand, suit, matter, obligation, lien, damage, punitive damage, exemplary damage, penalty, loss, cost, expense, debt, action, or cause of action, of every kind and/or nature whatsoever whether now known or unknown, suspected or unsuspected, asserted or unasserted, latent or patent, which any Releasing Party now has, or at any time ever had, regardless of legal theory or type or amount of relief or damages claimed, which: (i) in any way arises out of, is based on, or relates in any way to representations pertaining to the branding, identification of the manufacturer, identification of the warrantor, and/or the “cup” capacity of Covered Products; and/or (ii) is asserted in the First Amended Complaint filed in this Action.

If you do not want any benefits from this settlement, but you want keep the right to sue or continue to sue the Defendants or anyone else, on your own, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself – or is sometimes referred to as opting out of the Settlement Class. Defendants may withdraw from and terminate the Settlement if a certain number of putative Settlement Class members exclude themselves.
To exclude yourself from the settlement, you must submit a letter by mail saying that you want to be excluded from the Settlement Class in Steven Liptai v. Spectrum Brands Holdings, Inc.. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request so that it is postmarked no later than January 14, 2019, to:

Liptai Settlement
Digital Settlement Group, LLC
8001 Broadway, Suite 200
Merrillville, IN 46410

You cannot exclude yourself by phone or by e-mail. If you mail an exclusion request by the deadline, you will not be able to request a settlement payment and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) for these claims in the future.
No. If you do not properly and timely submit a request for exclusion, you waive your right to opt out and will be deemed to be a member of the Settlement Class. Unless you exclude yourself, you give up the right to sue the Defendants or anyone else for the claims resolved by this settlement (see question no. 9 above).

You must exclude yourself from the Settlement Class to participate in any litigation against the Defendants or anyone else regarding the claims resolved by this settlement. Remember, the exclusion deadline is January 14, 2019.
From the inception of the litigation to the present, Class Counsel has not received any payment for their services in prosecuting the case or obtaining settlement, nor have they been reimbursed for any out-of-pocket expenses they have incurred. When they ask the Court to approve the settlement, Class Counsel will also make a motion to the Court for an award of attorneys’ fees of up to $550,000 and an award of costs/expenses of up $10,000. No matter what the Court decides with regard to the requested attorneys’ fees, Class members will never have to pay anything toward the fees or expenses of Class Counsel. Class Counsel will seek final approval of the settlement on behalf of all Class members.

The Court may award less than these amounts.

You can tell the Court that you do not agree with the settlement or some part of it.
If you are a Settlement Class member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. (If you object, you can still participate in the settlement – and receive money if it is approved – notwithstanding your objection.)

To object, you must submit a letter saying that you object to the Liptai Settlement. The objection must include the following: (i) the name of this Action; (ii) the objector’s full name, address, and telephone number (and, if applicable, the objector’s lawyer’s full name, address, and telephone number; (iii) a statement of his or her membership in the Settlement Class, including a verification under oath of Product(s) purchased and, to the extent known, the location, approximate date, and approximate price paid; (iv) a written statement of all grounds for the objection, including any legal support for the objection; (v) copies of any papers, briefs, or other documents upon which the objection is based; (vi) a list of any and all Persons who will be called to testify in support of the objection; (vii) a statement of whether the objector or the objector’s attorney intends to appear at the Final Approval Hearing; (viii) a list and copies of any and all exhibits that the objector or the objector’s lawyer intends to offer at the Final Approval Hearing; (ix) the identify of any current or former lawyer who may be entitled to compensation for any reason related to the objection; (x) a list of any other objections submitted by the Settlement Class member and/or his attorney(s) to any proposed class settlement in any state or federal court within the previous 5 years. To be timely, objections must be filed with the Court and mailed to the Settlement Administrator, that is received no later than January 14, 2019. The address for the Court is provided in Section 17 and the address for the Settlement Administrator is provided in Section 10.
Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you object, you still can submit a claim form.

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you do not have to.
The Court will hold a Fairness Hearing in this case on March 22, 2019, at 2:00 p.m., at the Dane County Circuit Court, 215 S. Hamilton Street, Madison, Wisconsin 53703, in Courtroom 8107. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Settlement Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.
No. Settlement Class Counsel will answer any questions from the Court regarding the settlement. However, you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
If you want yourself or your own lawyer (instead of Class Counsel) to participate or speak for you in this lawsuit or speak at the hearing, you must send a letter saying that it is your “Notice of Intention to Appear in Steven Liptai v. Spectrum Brands Holdings, Inc.” Be sure to include your name, address, telephone number, and you or your lawyer’s signature. If your lawyer intends to speak at the fairness hearing, your letter must also include the name, address, and telephone number of your lawyer.

Your Notice of Intention to Appear must be submitted to the Clerk of the Court and mailed to the Settlement Administrator by no later than January 14, 2019.
If the Court grants final approval of the settlement, all members of the Settlement Class will release and forever discharge any and all claims or causes of action that have been, might have been, are now, or could have been brought relating to the transactions, actions, conduct and events that are the subject of this action or settlement, arising from or related to the allegations in the complaint filed in the Action or pertaining to the branding, identification of the manufacturer, identification of the warrantor, and/or the “cup” capacity of the Covered Products.

If the settlement is not approved, the case will proceed as if no settlement had been attempted. There can be no assurance that if the settlement is not approved and litigation resumes, the Class will recover more than is provided for under the settlement, or will recover anything.

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