Rochen | Genova LLP Negotiates A Settlement With Dell Canada, Inc. To Provide Relief For Owners Of Dell Inspiron Notebook Computer Models 1150, 5100, 5150 And 5160

ROCHON | GENOVA LLP has negotiated a settlement with Dell Canada, Inc. (“Dell”) to provide relief for owners of Dell Inspiron Notebook computer models 1150, 5100, 5150 and 5160 (“Affected Models”), which have alleged defects that cause them to fail prematurely. Under the terms of the Settlement Agreement, owners of Affected Models who paid for certain Reimbursable Repairs through Dell or an authorized Dell service provider may be entitled to recover all or part of the cost of that repair. [1] Owners of models 1150, 5100 and/or 5160 may receive up to 100% of the cost of the repairs that occurred within 18 months of the purchase date, up to 75% of the cost of repairs that occurred within 24 months of the purchase date, up to 40% of the cost of repairs that occurred within 30 months of the purchase date, and up to 20% of the cost of repairs that occurred over 30 months after the date of purchase and before the Claims Deadline. Owners of model 5150 may receive up to 100% of the cost of repairs that occurred prior to September 30, 2007, 75% for repairs occurring between October 1, 2007 and March 31, 2008, 40% for repairs occurring between April 1, 2008 and September 30, 2008, and up to 20% for repairs occurring between October 1, 2008 and the Claims Deadline. Owners of Inspiron model 1100 will not receive compensation.

Dell will use information within its repair database(s) to establish the existence and amount of Reimbursable Repairs. Those customers that Dell identifies as having had Reimbursable Repairs and that confirm their correct mailing address within thirty (30) days of receiving notice of eligibility will be reimbursed automatically within ninety (90) days of receiving notice of eligibility or the final Effective date of the Settlement, whichever is later, without the necessity of filing a claim. Information about how to confirm your mailing address and about the claims process more generally is available for download at the settlement website at www.inspironclassactionsettlement.com. [2]

If you have any questions about this matter, please contact the Claims Administrator by writing to Griffin Settlement Claims Administrator, c/o RR Donnelley, 220 Bay Street, Suite 200, Toronto, ON M5J 2W4, Canada, by calling toll free 1-800-861-4558 or by emailing [email protected].

Update:

The settlement approval hearing took place on April 26, 2011. We are currently awaiting the court’s decision.

[1] “Reimbursable Repairs” include the following: (a) Repairs addressing clogged vents and/or restricted airflow, including, without limitation, fan repair and/or replacement; (b) Heat sink replacements; (c) AC adapter replacements; (d) Motherboard replacements addressing power failure, shutdown, failure to boot, and/or freezing situations; and (e) Battery replacements addressing failure to take/hold a charge.

[2] Customers who do not automatically qualify for reimbursement must submit a claim and provide (1) the Service Tag Number of their Inspiron 1150, 5100, 5150 or 5160; (2) an invoice, receipt or other document showing that the Inspiron 1150, 5100, 5150 or 5160 incurred a Reimbursable Repair by Dell or one of Dell’s authorized service providers, and the amount paid for the repair; and (3) a statutory declaration confirming the authenticity of the claim.

Dell has agreed to cooperate in making documentary proof of repairs available to customers who have received such repairs from Dell or an authorized service provider. If a customer no longer has documentation of a Reimbursable Repair and Dell’s database does not contain the necessary information related to such repairs, the customer’s claim must identify whether the repair was performed by Dell or one of its authorized service representatives, and must include the date of the repair, the reason for service, an explanation for why the proof of repair is not available, and a description of the customer’s efforts to find the necessary documentation. Claims must be made in writing, under oath, and subject to the penalties for perjury. Information about how to submit a claim is available for download on the settlement website at www.inspironclassactionsettlement.com. Claims must be postmarked no later than August 29, 2011.