From: Settlement Claim Administrator
Subject: Notice of Creative Hard Disc Drive MP3 Player Class Action and Proposed Settlement
SUMMARY EMAIL NOTICE
If you purchased in the United States between May 5, 2001 and April 30, 2008 from a retail store in the United States (including Creative's and others' on-line retail stores) a new Creative brand hard disc drive MP3 player (“Creative HDD MP3 Player”), a proposed class action settlement may affect you. A hearing has been scheduled in United States District Court, Central District of California to approve the settlement. Under the settlement, you may have the right to make a claim for a discounted MP3 player or a discount certificate. You also may choose to exclude yourself from the settlement. Alternatively, you may file written objections to the settlement or seek to intervene and appear (or have your own attorney appear) at the court hearing. If the settlement is approved and you do not exclude yourself, you give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement. To learn more about or exercise any of your rights, please read below and visit
www.creativehddmp3settlement.com.
The lawsuit is Talwar v. Creative Labs, Inc., United States District Court, Central District of California, Case No. CV 05 3375 FMC. In the suit, plaintiffs allege that in the sale and marketing of its hard disc drive MP3 players Creative stated that purchasers of the drives would receive approximately 7% more usable storage capacity than they actually received and misrepresented the number of songs and number of hours of music the players could hold. Creative has denied and continues to deny each and all of plaintiffs’ claims, and denies that anyone has been harmed or deserves compensation. The Court has not made a decision on the merits.
You are a member of the plaintiff class if you purchased in the United States between May 5, 2001 and April 30, 2008 from a retail store in the United States (including Creative's and others' on-line retail stores) a new Creative brand hard disc drive MP3 player.
As part of the settlement, Creative will make certain disclosures regarding the storage capacity of its hard disc drive MP3 players.
In addition, if you submit a valid claim, you will receive either a 50% discount off the price of a new 1 GB MP3 player, or a discount certificate good for 20% off the price of any single item purchased at
www.us.creative.com. To receive the discount player or discount certificate you must submit a claim form available at
www.creativehddmp3settlement.com by August 7, 2008. You may submit a claim for each Creative HDD MP3 Player you purchased.
If the settlement is approved, plaintiffs’ counsel will apply for an award of attorneys’ fees and expenses not to exceed $900,000, plus incentive awards for the two representative plaintiffs in the amount of $5,000 each, to be paid separately from and in addition to the relief available to plaintiff class members.
All claims of plaintiff class members which were or could have been asserted in the litigation, based upon the facts alleged in the litigation will be released. This means that if you do not exclude yourself from the plaintiff class, you will give up the right to sue for the claims the settlement resolves, and you will be bound by the terms of the settlement.
You need not take any action. If you wish to exclude yourself from the plaintiff class, you must submit an exclusion request to plaintiffs’ counsel: Brian R. Strange/Gretchen Carpenter, Strange & Carpenter, 12100 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90025. If you exclude yourself, you will not receive the benefits of the settlement, and you cannot object to the settlement or intervene.
If you wish to object to the settlement, intervene or appear (or have your own attorney appear) at the hearing, you must file your objection with the Court and serve it on the parties’ counsel, as follows: Brian R. Strange/Gretchen Carpenter, Strange & Carpenter, 12100 Wilshire Boulevard, Suite 1900, Los Angeles, CA 90025 (counsel for plaintiff); and Daniel K. Slaughter, Stein & Lubin LLP, 600 Montgomery Street, 14th floor, San Francisco, CA 94111 (counsel for Creative). To exclude yourself, object or request to intervene, you must follow the detailed instructions set forth in the Long Form Notice at
www.creativehddmp3settlement.com.
All objections, requests to intervene and requests for exclusion must be received by June 9, 2008.
DO NOT CONTACT THE COURT OR CREATIVE CONCERNING THIS NOTICE OR THIS LAWSUIT. If you would like more information about this notice or this case, please visit
www.creativehddmp3settlement.com. If you do not have internet access, you may request additional information by mail from counsel for plaintiff, as set forth above.
