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In re Bluetooth Headset Product Liability Litigation
United States District Court, Central District of California ^ | May 2009 | Judge Dale S. Fischer

Posted on 05/09/2009 9:58:48 AM PDT by SubMareener

If you bought a Bluetooth headset between June 30, 2002 and February 19, 2009, the settlement of a class action lawsuit may affect your rights.

The Settlement resolves claims in a class action lawsuit that Bluetooth headsets manufactured by Motorola, Inc.; Plantronics, Inc.; or GN Netcom, Inc. / "Jabra" (“Defendants”) create a risk of hearing loss. The lawsuit also claims Defendants acted wrongfully when they did not warn consumer of that risk, if it exists. The Defendants deny their Bluetooth headsets are unsafe or that they did anything wrong. Defendants are settling only to avoid the risk and expense of a trial.

If you are a member of the Settlement Class, you may do nothing and remain in the Settlement Class, exclude yourself from this class action lawsuit, object to the terms of the Settlement and/or attend a Fairness Hearing.

For more details on the Settlement, including your options and the procedures for objecting or requesting exclusion, please see the Notice.

Important Deadlines:

EXCLUDE YOURSELF Received no later than June 9, 2009
OBJECT Received no later than June 9, 2009
ATTEND A HEARING Notice must be received no later than June 9, 2009
FAIRNESS HEARING Fairness Hearing to be held on July 6, 2009


If you have questions, you may call 1-888-952-9087 toll free.

Do not contact Defendants or the Court with questions about this Settlement.


TOPICS: Business/Economy; Culture/Society; Extended News; Government
KEYWORDS: bluetooth; classaction; greenmail; lawsuit
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This is Greenmail pure and simple. The lawyers are getting $800,000 in fees, $38,000 in documentation costs, $12,000 for the Class Representatives. The Defendents (Motorola, Plantronics and GN Netcom/Jabra) are also paying up to $1,200,000 for providing the Class Notice, and "donating" $100,000 to non-profit organizations.

I want to object, but I am not a lawyer and am not sure what to say. Also, if several hundred other members of the "Class" were to object, it might actually have some effect. Can anyone help me on this?

1 posted on 05/09/2009 9:58:49 AM PDT by SubMareener
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To: SubMareener

Oh great. My Motorola headset barely produces enough volume for me to hear anywhere except in very quiet spaces.


2 posted on 05/09/2009 10:11:26 AM PDT by sionnsar ((Iran Azadi | 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | "Also sprach Telethustra" - NonValueAdded)
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To: SubMareener

I’m not sure what litigation has been leveled at headphones, wired ear plugs or other such devices, but I doubt there have been any successful suits or they wouldn’t still exist.

We have people looking for another pay day constantly.

Every time you buy a device these days, there’s some nonsensical warning. I don’t even bother to read them.

I’m a grownup. I buy merchandise knowing what the risks are.


3 posted on 05/09/2009 10:11:37 AM PDT by DoughtyOne (Pres__ent Obama's own grandmother says he was born in Kenya. She was there.)
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To: SubMareener

I’ve got a Motorola Bluetooth Earpiece-—what’s supposed to be the problem with it again? This suit sounds like a shakedown.


4 posted on 05/09/2009 10:11:45 AM PDT by Virginia Ridgerunner (Sarah Palin is a smart missile aimed at the heart of the left!)
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To: SubMareener
It's very simple. If you're a successful member of the "class", you will get a dollar. If you're a successful member of the "firm", you'll get $800,000.

This is why people hate lawyers. They are not all bad, but some of them are bad. Class action lawsuits, all bad.

5 posted on 05/09/2009 10:18:57 AM PDT by Sender (It's never too late to be who you could have been.)
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To: DoughtyOne
"We have people looking for another pay day constantly."

Ain't it the truth.

We *accumulated* so many of these "class action" lawsuit settlement checks --the largest for a whopping $1.06-- I assembled 'em on a framed poster board.
It now shamelessly hangs on our Wall of Shame in the rec room right alongside William Jefferson Clinton & all other manner of assorted jackasses of renown.

Guess real Tort Reform would fix this crap, but with lawyers occupying nearly every seat in government?
We can simply pound sand for that while paying higher prices for the products we use to offset what the leeches steal.

6 posted on 05/09/2009 10:21:06 AM PDT by Landru (Arghh, Liberals are trapped in my colon like spackle or paste.)
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To: SubMareener

Bottom feeders these lawyers. I am here for your RIGHTS I will protect you and see you get what you deserve.( yada yada yada). crawl back in your holes scum.


7 posted on 05/09/2009 10:28:59 AM PDT by bikerman (Free men do not ask permission to bear arms.)
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To: Sender

Actually, there is no indication that the ordinary class members will get anything except advice on how to avoid hearing loss.


8 posted on 05/09/2009 10:29:22 AM PDT by SubMareener (Become a monthly donor! Free FreeRepublic.com from Quarterly FReepathons!)
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To: SubMareener

Never mind hearing loss, they should be sued because they make people act and look stupid.


9 posted on 05/09/2009 10:30:12 AM PDT by ROCKLOBSTER (RATs...nothing more than Bald Haired Hippies!)
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To: SubMareener

For what it is worth, I have 2 of the “offending” headsets, one for my phone, and one for my PC. This makes me a member of the class. I am not a lawyer.

If someone with some degree of legal acumen would be willing to post a reasonable boilerplate objection, I will join with others in sending it in.

I agree that this is a shakedown, and I object to attorneys earning $800,000.00 in my name, without any realistic or reasonable benefit to myself or my family, and without anyone actually having suffered any harm. The claim in this case is that the defendants didn’t properly warn people that sticking radio-operated, amplified speakers in their ears might cause hearing loss.

I further propose that all companies producing products of all kinds start putting something similar to the Surgeon General’s warning on every product of every kind. “This product might kill you or hurt you in ways we cannot imagine, particularly if you use it in ways we cannot imagine, but even if you don’t. Be warned that we did our best to make it safe, but can’t control what you do with it. Please read the owner’s manual and don’t do anything stupid. If you do, you are on your own. If you can’t use our product properly, please buy someone else’s. Good luck.”

Once this statement, or something similar, appears in large print on every single product sold everywhere, the product liability people should have less opportunity to do this sort of shakedown. This still leaves open the opportunity to recover real damages when there are real product flaws that really hurt people.


10 posted on 05/09/2009 10:37:15 AM PDT by tpmintx (Liberalism: Solving problems caused by Jealousy with solutions based on Lies.)
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To: SubMareener

Let me guess, the same crap they hit Apple with over the ear buds being able to be played loud. Although in that case I do appreciate Apple’s response since I can now set the max volume for my kids’ iPods. But that’s a nice user feature, not something that should have to be there because of a lawsuit.


11 posted on 05/09/2009 10:41:58 AM PDT by antiRepublicrat
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To: Landru

I got IIRC about $13 over the record label price fixing.


12 posted on 05/09/2009 10:42:46 AM PDT by antiRepublicrat
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To: antiRepublicrat
"I got IIRC about $13 over the record label price fixing."

By comparison to what I've bagged, you hit the motherlode. ;^)

Now that I think of it BMG gave me my choice of 1, maybe 2 free CDs over --I think-- the same settlement. It's been a while, had totally forgot about it.

Of course I'd been a very active member of BMG since 1990 or before, usually ordering a minimum of $40 worth per month at a crack.

Both BMG & the shysters came out smelling pretty sweet, while I sold out for mere scintillas on the dollar.

13 posted on 05/09/2009 10:51:20 AM PDT by Landru (Arghh, Liberals are trapped in my colon like spackle or paste.)
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To: SubMareener

What’s this all about?

As a member of the hard-of-hearing class, I note that the addition of Bluetooth or streaming to the newer hearing aids has been joyously received by a lot of us old deaf types.

If this deters any advancements in this field, I pronounce a pox on these lawyers.

Have no idea if they are making the claim that the devices played at maximum volume will damage your ears or what. But this looks to me as one that ought to be thrown out by the court.


14 posted on 05/09/2009 11:19:11 AM PDT by Ole Okie
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To: SubMareener

Personal injury law has become a criminal enterprise. It is a classic racket in which a victim is identified, threatened, and then offered “protection” in the form of a “settlement”, the primary benefit of which accrues to the racketeers.


15 posted on 05/09/2009 11:27:14 AM PDT by andy58-in-nh (You have enemies? Good. That means you've stood up for something, sometime in your life.)
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To: Landru

Funny thing is I just signed up on a lark when I got a link to it. I didn’t think of anything and forgot about it. Then I get a call from my mom saying there was a check for me (I was overseas, that was my home of record). The record companies did deserve what they got, and more.

I didn’t sign up for the Apple one though. I thought it was a stupid suit. My wife has a Moto headset, and we won’t be signing up for this one either.


16 posted on 05/09/2009 11:27:46 AM PDT by antiRepublicrat
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To: tpmintx

Thanks! There has to be a reformed lawyer on the FreeRepublic. ;-)


17 posted on 05/09/2009 11:32:32 AM PDT by SubMareener (Become a monthly donor! Free FreeRepublic.com from Quarterly FReepathons!)
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To: sionnsar

Shoot! My Motorola Rockr’s HAVE to be toned down or they WILL hurt your ears.


18 posted on 05/09/2009 11:49:56 AM PDT by diverteach (http://www.slapobama.com/)
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To: SubMareener

This lawsuit is for all the people suffering from Borg envy.


19 posted on 05/09/2009 12:05:46 PM PDT by upchuck (Psalm 109:8 - Let his days be few; and let another take his office.)
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To: SubMareener
If you are a member of the Settlement Class, you may do nothing and remain in the Settlement Class, exclude yourself from this class action lawsuit, object to the terms of the Settlement and/or attend a Fairness Hearing.

What was that? Can you speak up? I can't hear you.

20 posted on 05/09/2009 12:58:03 PM PDT by afortiori
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