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PowerBook/iBook Power Adapter Lawsuit? Legit?


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PowerBook/iBook Power Adapter Lawsuit? Legit?
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PKIDelirium
Veteran Member
 
Join Date: Oct 2005
 
2008-05-26, 12:46

I just got an email on this... I thought it was spam at first but now I really am not sure about it, this is the first I'd heard of this. I'm not sure how they got my email address though.

http://www.gordonvapple.rosenthalco.com/
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psmith2.0
Mr. Vieira
 
Join Date: May 2004
Location: Tennessee
 
2008-05-26, 12:56

I received the same e-mail overnight too.

I've still got my original power supply/adapter that came with the PowerBook in October 2003. Never had any troubles. In fact, I bought a second one that I keep in my backpack so I don't have to crawl under my desk to undo the main one. They've both been fine for these four-and-a-half years.

My friend, however, had her power supply for her iBook G4 go bad and had to buy another (within 18 months or so of buying it). She bought an Apple unit (which has worked all this time, fortunately). So I'm assuming she qualifies. I'll make sure she received this e-mail (or forward her mine).

Interesting...

Last edited by psmith2.0 : 2008-05-26 at 13:09.
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Capella
Dark Cat of the Sith
 
Join Date: Jun 2007
Location: Rochester, NY
Send a message via AIM to Capella  
2008-05-26, 12:58

Hm. I haven't heard anything about this, nor did I get an email. I would certainly qualify though- IF I'd bought an Apple replacement adapter. I bought a non-Apple one and in fact have gone through 3. *sigh* Power adapters appear to really, really hate me.

"A blind, deaf, comatose, lobotomy patient could feel my anger!" - Darth Baras
twitter ; amateur photographer ; fanfiction writer ; roleplayer and worldbuilder
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apple007
BANNED
I am worthless beyond hope.
 
Join Date: May 2006
 
2008-05-26, 15:00

I received this email as well. My PB is 46 months old and I never had a problem with the power adapter.

To me, the most astonishing thing about the email is how royally f***ed up the U.S. legal system is. Buried in the fine print of the email, recipients learn the plaintiff in the case is receiving an extra $500 from Apple, and the plaintiff's lawyers are receiving ... $849,500.00.

What a country.
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Brad
Selfish Heathen
 
Join Date: May 2004
Location: Zone of Pain
 
2008-05-26, 15:14

Quote:
Originally Posted by apple007 View Post
To me, the most astonishing thing about the email is how royally f***ed up the U.S. legal system is. Buried in the fine print of the email...
Hear, hear! This kind of stuff pisses me off to no end.

Here's the text of that part if anyone is interested:
Quote:
The Court will hold a hearing in this case (Gordon v. Apple Computer, Inc., Case No. 5:06-cv-05358-JW) on September 8, 2008, at 9:00 a.m. to consider whether to approve (1) the settlement and (2) attorneys' fees and expenses of $849,500 and a service award to Plaintiff of $500. You may appear at the hearing, but you don't have to. To obtain a full Notice and Claim Form, go to www.rosenthalco.com/gordonvapple or call toll free 1-888-539-5706. For more details, go to www.rosenthalco.com/gordonvapple or write to Helen Zeldes, Esq., Law Offices of Helen Zeldes, 249 S. Highway 101, #370, Solana Beach, CA 92075.
Here's hoping part 2 gets shot down with extreme prejudice.

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Ryan
Veteran Member
 
Join Date: May 2004
Location: Promise Land of Trustafarians
 
2008-05-26, 16:12

I got the same one. Junked it right off the bat as it doesn't even apply to me.
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Sargasm
Member
 
Join Date: Jul 2005
Send a message via AIM to Sargasm  
2008-05-26, 22:32

Got that e-mail this morning. My power adaptor died on me, but I'm still under Applecare, so I got a new one for free.
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Bill M
Member
 
Join Date: May 2004
 
2008-05-27, 00:22

I also wonder how these guys got my e-mail address. I have never had a problem with my PB's power adapter. Did this happen only for dot mac addresses (mine) or others too?
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Brad
Selfish Heathen
 
Join Date: May 2004
Location: Zone of Pain
 
2008-05-27, 00:26

They got to me via my .mac e-mail address.
  quote
PKIDelirium
Veteran Member
 
Join Date: Oct 2005
 
2008-05-27, 02:12

Mine came to my Yahoo account.
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apple007
BANNED
I am worthless beyond hope.
 
Join Date: May 2006
 
2008-05-27, 15:57

Quote:
Originally Posted by Bill M View Post
I also wonder how these guys got my e-mail address. I have never had a problem with my PB's power adapter. Did this happen only for dot mac addresses (mine) or others too?
Notification of potential class members is almost always a central part of these class-action settlements. In this case, I highly doubt Apple turned over any contact info. to the lawyer(s) involved. Rather, Apple probably agreed (or was compelled by the court) to fire out an email to all registered users who fit the class description. (Digging through the email's header might shed some clues on where it came from.)
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Windswept
On Pacific time
 
Join Date: May 2004
Location: Moderator's Pub
 
2008-05-27, 16:21

Quote:
Originally Posted by Bill M View Post
I also wonder how these guys got my e-mail address. I have never had a problem with my PB's power adapter. Did this happen only for dot mac addresses (mine) or others too?
I don't have a dot mac address, and it came to me too.
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kieran
@kk@pennytucker.social
 
Join Date: Jan 2005
 
2008-05-27, 16:27

I got the same email yesterday, but nothing ever happened to my power supply.

I guess they got my (non .mac) email from when I registered the computer.
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PKIDelirium
Veteran Member
 
Join Date: Oct 2005
 
2008-10-01, 20:04

El Bumpo.

Just got another one, anyone else?

Quote:
LEGAL NOTICE

If you purchased a replacement power adapter for certain Apple PowerBook or iBook computers,
you could be entitled to benefits from a class action settlement.

A settlement of a class action lawsuit affects you if you purchased an Apple PowerBook or iBook computer for which the replacement power adapter was the Apple Portable Power Adapter — 65W (“Subject Computer”) and subsequently purchased a Replacement Adapter for the Subject Computer due to failure of the Adapter included with or sold for the Subject Computer. A list of the Subject Computers (Exhibit 1) is available on the Internet at www.rosenthalco.com/gordonvapple or by calling 1-888-539-5706 to request the full notice package. The settlement will provide a cash payment to United States residents who purchased a Subject Computer and paid for a Replacement Adapter covered by the settlement within the first three years following the initial retail purchase of the Subject Computer. If you qualify, you may send in a Claim Form to ask for payment, or you can exclude yourself from the settlement, or object. The United States District Court for the Northern District of California authorized this Notice. The Court will have a hearing to consider whether to approve the settlement, so that the benefits may be paid.

Why is this Notice being Published Again?

If you previously received or reviewed a notice relating to replacement power adapters for certain Apple PowerBook and iBook computers, please do not disregard this Notice. Additional computers covered by the settlement have been added since the previous notice. Consult the list of Subject Computers (Exhibit 1) available on the Internet at www.rosenthalco.com/gordonvapple or by calling 1-888-539-5706 to request the full notice package, to see whether your computer is now included in the settlement.

If you have already submitted a claim, request for exclusion or objection in response to the prior notice, you do NOT need to do so again.

Who’s Affected?

Purchasers of an Apple PowerBook or iBook computer listed on Exhibit 1. Exhibit 1 is available on the Internet at www.rosenthalco.com/gordonvapple or by calling 1-888-539-5706 to request the full notice package. You’re a “Class Member” if you are a United States resident who purchased in the United States an Apple PowerBook or iBook computer listed on Exhibit 1 for your own use and not for resale.

What’s this About?

The lawsuit claimed that the Adapter included with or sold for the Subject Computers is defective in that it allegedly “dangerously frays, sparks and prematurely fails to work.” Apple denies all allegations and has asserted many defenses. Apple is entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrong-doing.

What can you Get from the Settlement?

Apple has agreed to provide a cash payment to Class Members who purchased a Replacement Adapter due to the failure of the Adapter included with or sold for a Subject Computer covered by the settlement and who send in a valid Claim Form. For failures within the first year following the initial retail purchase of the Subject Computer, the settlement requires that you attempted to have the failed Adapter replaced or repaired under warranty by Apple and such request was denied by Apple for a reason other than user abuse.

The settlement provides for different cash payments depending on when the Adapter included with or sold for your Subject Computer failed.

The settlement only applies to a Replacement Adapter purchased during the first three years following the initial retail purchase of the Subject Computer, and before May 31, 2009. Cash payment amounts are as follows:
YEAR OF FAILURE OF ADAPTER CASH PAYMENT AMOUNT
YEAR 1 THE ACTUAL AMOUNT PAID FOR THE REPLACEMENT ADAPTER
(EXCLUDING TAX & SHIPPING) UP TO $79
YEAR 2 $40
YEAR 3 $25

There is a limit of one cash payment per Subject Computer.

How do you Get a Payment?

A detailed notice and Claim Form package contains everything you need. Just call 1-888-539-5706 or go to www.rosenthalco.com/gordonvapple to get one.

Important Deadlines

If you purchased a Replacement Adapter as described herein on or before October 14, 2008, you must mail the Claim Form postmarked on or before February 11, 2009. If you purchased a Replacement Adapter as described herein after October 14, 2008, you must mail the Claim Form postmarked on or before the earlier of 120 days after the date the Adapter failure occurred, or by May 31, 2009.

NOTE: If you have already submitted a claim in response to the prior notice related to replacement adapters for certain Apple PowerBook and iBook computers, you do NOT need to re-submit the claim.

What are your Options?

If you don’t want a payment and you don’t want to be legally bound by the settlement, you must postmark your request to exclude yourself by December 1, 2008, or you won’t be able to sue, or continue to sue, Apple about the legal claims in this case. If you exclude yourself, you can’t get a payment from this settlement.

If you stay in the Class, you may object to the settlement. Objections must be received by December 1, 2008.

NOTE: If you have already submitted an exclusion request or objection in response to the prior notice related to replacement adapters for certain Apple PowerBook and iBook computers, you do NOT need to do so again.

The detailed notice describes how to exclude yourself or object. The Court will hold a hearing in this case (Gordon v. Apple Computer, Inc., Case No. 5:06-cv-05358) on December 15, 2008, at 9:00 a.m. to consider whether to approve (1) the settlement and (2) attorneys’ fees and expenses of $849,500 and a service payment to Plaintiff of $500. You may appear at the hearing, but you don’t have to. To obtain a full notice and Claim Form, go to www.rosenthalco.com/gordonvapple or call toll free 1-888-539-5706. For more details, go to www.rosenthalco.com/gordonvapple or write to Helen Zeldes, Esq., 249 S. Highway 101, #370, Solana Beach, CA 92075.
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