Week Adjourned: 4.26.13 – Vitamin Shoppe, Acer, Sony TV

The weekly top class action lawsuit & settlement wrap for the week ending April 26, 2013. Top class actions include Vitamin Shoppe, Acer and Sony.

vitamin shoppe logoTop Class Action Lawsuits

True Athlete Training Formula Making Some Untrue Claims? Em, maybe. At least the folks who filed a consumer fraud  class action lawsuit against Vitamin Shoppe Inc, who make and market a pre-workout muscle building and performance enhancing product called True Athlete Training Formula, believe so.

The True Athlete class action lawsuit, entitled Steven Hodges v. Vitamin Shoppe Inc., Case No. 13-cv-02849, U.S. District Court, Central District of California, contends that the Vitamin Shoppe “knowingly and/or recklessly ignored” all relevant scientific evidence which shows that L-Arginine Alpha Ketoglutarate, the main ingredient in True Athlete Training Formula, does not enhance athletic performance, build muscle, or improve cardiovascular function, as advertised. Well, it does sound a bit too good to be true. But hey—I’m an optimist.

However…the lawsuit also contends that the defendant “knowingly under-doses the remaining active ingredients to save money but still entice consumers by using efficacy claims for the compounds Creatine Monohydrate, Beta-Alanine (as Carnosyn), and AstraGin”, compounds well-known within the sports industry, according to the class action lawsuit. Specifically, the lawsuit states: “Defendant unapologetically, and with no remorse, boasts the inclusion of these popular ingredients in the Product, and then under doses them in the formula to make the Product useless.” And: “The inclusion of the ingredients at levels under the clinical dosage is nothing more than a new tactic at selling consumers ‘snake oil.’” Snake oil? I’ve had that stuff before!

Here’s the straight dope…the consumer fraud class action was filed on behalf of a proposed class of all California residents who purchased True Athlete Training Formula from the Vitamin Shoppe within the last four years.

Top Settlements

How’s your RAM these days? That would be Random Access Memory—the kind in your computer…(I don’t know about you, but the kind in my head is full and dates back to last century.) Well, it seems that Acer has decided to end a consumer fraud class action lawsuit alleging its RAM wasn’t up to the job either.

The official scoop on the Acer RAM class action— “The parties have reached a settlement in a nationwide class action lawsuit alleging that Acer America Corporation (“Acer”) advertised and sold Acer notebook computers that did not contain enough Random Access Memory (“RAM”) to support certain pre-installed versions of the Microsoft Windows Vista operating system. Acer denies the claims, but has agreed to the Settlement to avoid the costs and risks of a trial.“

And yes folks—you are a member of the class if you are a US resident who purchased a new Acer notebook computer that: (1) came pre-installed with a MicrosoftWindows Vista Home Premium, Business, or Ultimate operating system; (2) came with 1 gigabyte (“GB”) of RAM or less as shared memory for both the system and graphics; (3) was purchased from an authorized retailer; and (4) was not returned for a refund.

Class Members may claim either: (a) a 16GB USB Flash Drive with ReadyBoost technology; (b) a check for $10.00; (c) a check for up to $100.00 for reimbursement of any repair costs that were incurred before April 25, 2013 in an effort to resolve performance issues related to insufficient RAM; or (d) for Class Members who still own their computer, a 1GB or 2GB laptop memory DIMM that will allow the Acer notebook to operate with 2GB of RAM.

Any class member may seek to be excluded from the settlement by filing a notice of “opt out.” Class Members who remain in the settlement, either by submitting a claim or doing nothing, have the right to object to the settlement or ask to speak at the hearing. Opt out notices, objections, and any requests to appear are due by July 24, 2013. In order to get any benefits from the settlement, Class Members must submit a Claim Form by July 24, 2013. Claim forms will also be mailed and emailed to those class members for whom Acer has contact information. For more information about the settlement or to file a claim, visit www.AcerLawsuit.com.

Sony Display Resolution Class Action Resolved…And while we’re on the subject of technology—remember this one? The Sony Grand Wega SXRD rear-projection television defective products class action? (Sony Electronics, entitled Date v. Sony Electronics, Inc. & ABC Appliance, Inc., Case No. 07 CV 15474,United States District Court for the Eastern District of Michigan). Filed some time ago, granted, it does appear that a resolution may finally be in sight.

A proposed settlement has been granted preliminary approval, which includes all United States end user consumers who purchased, or received as a gift from the original retail purchaser, a KDS-R5OXBR1 or KDS-R6OXBR1 television.

The backstory—short version—allegations that Sony et al falsely advertised the display resolution of its Sony Grand Wega SXRD rear-projection television models KDS-R5OXBR1 and KDS-R6OXBR1, because the televisions were incapable of accepting input of 1080p signals and could not accept and display video content at 1080p resolution via the televisions’ PC and HDMI Input. Not good.

Here’s what you need to know if you are eligible for part of the settlement:

All class members who send in a valid claim form establishing that they own both (1) one of these televisions and (2) a 1080p output device like a Blu-ray player or 1080p-capable laptop computer or gaming device will be eligible to receive a $60.00 gift card that does not expire and is redeemable for the purchase of any item available on the store.sony.com website or at a Sony retail store.

If you do not own a 1080p output device, you will not be eligible to receive a benefit, but you will remain in the settlement class (and release your claims in this litigation, all of which relate to the 1080p capabilities of the televisions) unless you choose to opt out of the settlement.

All claim forms must be received by the claims administrator at the address provided in the claim form by no later than June 10, 2013 to be valid. To download claim forms, review your rights and find out more information on the settlement, visit http://esupport.sony.com.

Ok—that’s a wrap. See you at that bar…and Happy Friday Folks!

One thought on “Week Adjourned: 4.26.13 – Vitamin Shoppe, Acer, Sony TV”

  1. The Sony "settlement" is another stinking "coupon settlement." Like most coupon settlements, the Sony settlement screws the class, enriches the attorneys, fails to punish the wrongdoer, and encourages wrongdoing by other firms which observe the coupon settlement. What a shame that the courts allow coupon settlements.

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