LG REFRIGERATOR CLASS ACTION SETTLEMENT

BENTLEY, ET AL. V. LG ELECTRONICS U.S.A., INC.

Case No. 19-CV-13554 (D.N.J.)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

WHAT CASH BENEFITS DOES THE LG REFRIGERATOR CLASS ACTION SETTLEMENT PROVIDE FOR PAST NO-COOLING EVENTS?

FILE YOUR CLAIM HERE

SUMMARY OF RECOVERABLE AMOUNTS

No Additional Proof: You can make a Claim with only a statement under oath without additional proof. You will be eligible for the following cash payments:

With Additional Proof: If you submit a Claim Form with additional proof, meaning receipts, invoices, photographs, payment card records, inspection records, insurance records, or other reasonable documentary proof, you will be eligible for a larger cash payment, including the following:

To receive the maximum recovery available to you under the Settlement, you must support your claim with receipts, invoices, photographs, payment card records, inspection records, insurance records, or any other available proof.

Relevant Definitions:

The term “Alternative Payment” means a payment including any or all of the following: (i) an Unsuccessful Repair Payment; (ii) a Delayed Repair Payment; (iii) a Repair Reimbursement Payment; or (iv) a Property Loss Payment, OR, instead of any of the foregoing categories of payment other than a Property Loss Payment, an Alternative Payment may consist of (v) a Replacement Reimbursement Payment.

The term “Default Payment” means a payment of up to $450, upon the Claimant verifying their Purchase Information with respect to an LG Refrigerator, and comprising any or all of the following cash payments per Covered Model based on a signed Claim Form: (i) a $50 flat payment for attesting to one or more unsuccessful repairs; (ii) a $50 flat payment for attesting to repairs that were delayed by ten (10) or more days; (iii) a $100 flat payment per unit for attesting to out-of-pocket Labor Costs related to repairs; and/or (iv) up to $250 for attesting to Property Loss. A Claimant’s election to submit a Claim for a Default Payment for one or more of the foregoing categories of loss will preclude that Claimant’s recovery of an Alternative Payment for the corresponding category or categories; provided, however, that an Eligible Claimant may receive a Default Payment for one or more of the foregoing categories of loss and an Alternative Payment, upon submission of additional proof, for one or more different categories of loss.

The term “Delayed Repair Payment” means a payment to an Alternative Payment Claimant who experienced delayed repairs from LG or its Authorized Repair Service Provider following a No-Cooling Event that occurred within five (5) years after the date of the Claimant’s purchase of the LG Refrigerator at issue, as reflected in LG’s records or as Reasonably Documented by the Claimant. Only Claimants who experienced a delay of at least ten (10) days (with the initial call receipt date and service date excluded from the count) between reporting a No-Cooling Event and receiving a repair are entitled to a Delayed Repair Payment. The Delayed Repair Payment shall be calculated as follows: if the repairs were delayed by ten days (with the initial call receipt date and service date excluded from the count), start at $120, and then increase by $20 per day (until but not including the service date) up to 30 days; and by $25 per day for each day thereafter (until but not including the service date) up to a maximum amount of $1,000; provided, however, that any delay attributable to a Non-LG cause, upon verification, shall be excluded from this calculation. A Claimant who experienced delayed repairs from a non-authorized service provider, rather than from LG or one of its Authorized Repair Service Providers, may also submit a Claim seeking a Delayed Repair Payment. With respect to such Claims, the Settlement Administrator will pay the Delayed Repair Payment if the Claimant acted reasonably under the Claimant’s circumstances in seeking repairs from a non-authorized provider (e.g., a lack of availability of an LG or Authorized Repair Service Provider within a 50 mile radius or a statement that an Authorized Repair Service Provider was not reasonably available, subject to cross-check with LG’s records). If the Claim does not qualify for payment the Claimant will receive the $50 Default Payment for Delayed Repair.

The term “Labor Costs” includes, without limitation, fees charged by a repair technician for labor, diagnosis, or dispatch in connection with a No-Cooling Event.

The term “No-Cooling Event” means an event during which an LG Refrigerator failed to maintain temperature levels necessary to preserve food, beverages, medicine, or other perishables.

The term “Parts Reimbursement Payment” means a payment to a Claimant reimbursing the Claimant in full for amounts paid by the Claimant for a repair of any part related to the cooling system of an LG Refrigerator including a compressor, condenser, connection tube, drier, and evaporator) for a No-Cooling Event, in accordance with LG’s limited warranty and this Settlement Agreement.

The term “Property Loss” means the value of any property loss or property damage attributable to a No-Cooling Event and includes, without limitation, the value of any spoiled food, beverages, medicine, or other perishables.

The term “Property Loss Payment” means a payment to an Alternative Payment Claimant who experienced Property Loss of up to $3,500 upon submission of reasonable proof or up to $250 per unit for attesting to the Property Loss.

The term “Replacement Reimbursement Payment” means a payment of $650 to an Alternative Payment Claimant in lieu of an Unsuccessful Repair Payment, a Delayed Repair Payment, and a Repair Reimbursement Payment. For avoidance of doubt, a Claimant’s election to submit a Claim for a Replacement Reimbursement Payment will preclude that Claimant’s recovery of any Alternative Payment or any Default Payment; provided, however, that a Claimant for a Replacement Reimbursement Payment shall not be precluded from additionally submitting a Claim for either of: i) a Property Loss Payment as an Alternative Payment; or ii) Default Payment for Property Loss. An Alternative Payment Claimant is entitled to a Replacement Reimbursement Payment: (i) if the Claimant disposed of their LG Refrigerator before the Notice Date; and (ii) upon Reasonably Documented proof of (A) having experienced a failure to service or repair the LG Refrigerator following a No-Cooling Event occurring within five (5) years after the date of the Claimant’s purchase of the LG Refrigerator; and (B) the Claimant’s subsequent replacement or disposal of the LG Refrigerator.

The term “Reasonably Documented” includes, without limitation, documented based upon receipts or invoices provided by LG or its Authorized Repair Service Provider, or obtained by a Claimant, or based upon photographs, payment card records, inspection records, insurance records, or any other reasonable documentary proof submitted by a Claimant, or in the case of showing a Non-LG Cause, LG.

The term “Repair Reimbursement Payment” means a payment to an Alternative Payment Claimant for unreimbursed out-of-pocket Labor Costs incurred in connection with repairs following a No-Cooling Event that occurred within five (5) years after the date of the Claimant’s purchase of the LG Refrigerator at issue, as reflected in LG’s records or as Reasonably Documented by the Claimant. Alternative Payment Claimants are entitled to full reimbursement for unreimbursed out-of-pocket Labor Costs paid to DMSTs. For unreimbursed out-of-pocket Labor Costs paid to non-DMST repair technicians, Alternative Payment Claimants are entitled to up to $350 in reimbursement for unreimbursed out-of-pocket Labor Costs. LG will additionally pay up to Three Million, Five Hundred Thousand Dollars ($3,500,000.00) for all Alternative Payment Claimants who paid non-DMST repair technicians’ Labor Costs in excess of $350. If the total amount of such Claims is equal to or less than $3,500,000, such Alternative Payment Claimants will be reimbursed in full for all such costs. If the total amount of such Claims exceeds $3,500,000, that sum will be allocated to Alternative Payment Claimants pro rata based on the actual amount of their unreimbursed out-of-pocket Labor Costs in excess of $350 paid to non-DMST repair technicians.

The term “Unsuccessful Repair Payment” means a payment to an Alternative Payment Claimant who experienced one or more unsuccessful repairs by LG or its Authorized Repair Service Provider following a No-Cooling Event, as reflected in LG’s records or as Reasonably Documented by the Claimant. Such a Claimant who experienced two (2) No-Cooling Events within five (5) years after the date of the Claimant’s purchase of the LG Refrigerator at issue, as reflected in LG’s records or as Reasonably Documented by the Claimant, are entitled to an Unsuccessful Repair Payment of $180; provided, however, that if the repair records demonstrate that one of the two aforementioned No-Cooling Events was the result of a Non-LG Cause, the Claimant will be entitled to an Unsuccessful Repair Payment of $90. Such a Claimant who experienced three (3) No-Cooling Events within five (5) years after the date of the Claimant’s purchase of the Covered Model at issue, as reflected in LG’s records or as Reasonably Documented by the Claimant, are entitled to an Unsuccessful Repair Payment of $500. Such a Claimant who experienced four (4) or more No-Cooling Events within five (5) years after the date of the Claimant’s purchase of the Covered Model at issue, as reflected in LG’s records or as Reasonably Documented by the Claimant, are entitled to an Unsuccessful Repair Payment of $1,000. A Claimant who experienced unsuccessful repairs from a non-authorized service provider, rather than from LG or one of its Authorized Repair Service Providers, may also submit a Claim seeking an Unsuccessful Repair Payment. With respect to such Claims, the Settlement Administrator will pay the Unsuccessful Repair Payment if the Claimant acted reasonably under the Claimant’s circumstances in seeking repairs from a non-authorized provider (e.g., a lack of availability of an LG or Authorized Repair Service Provider within a 50 mile radius or a statement that an Authorized Repair Service Provider was not reasonably available, subject to cross-check with LG’s records). If the Claim does not qualify for payment the Claimant will receive the $50 Default Payment for Unsuccessful Repair.