Toshiba Class Action Lawsuit [updated]

After such a response on my Toshiba Laptop story. I decided to update it a bit and add the most recent stuff that's happened. ok here goes the article I had a Toshiba Satellite A75-s2762. I bought it about two years ago (as of this July). During that time I had kind of been using it on and off. I used to get really upset because I would have to position the cord and the computer a certain way and not move it an inch or it would stop charging. It would also only charge when the laptop was off. I was so upset with this that I sent it back while it was in warranty. They replaced it and sent it back (after twenty days). Life carried on I had other computers in the house that I used more often and ended up mainly using those. I was busy I used the laptop maybe two or three times in the next few months. I turned it on and realized the same thing was happening. I called Toshiba. By this time my computer was out of warranty I was a bit upset.
I got a very rude tech support. They were making little snid remarks and complaining because I wanted a repair for free because the last repair they did failed and I believed it was a faulty part. I asked to speak to their supervisor we argued a bit then the agent went away to get a supervisor. The agent came back told me there was no supervisor there (I know that’s not true. because there's always has to be one on duty) (I ended up hanging up). I called back a few days later and ended up getting transferred to the customer complaint office and they told me that they would repair my laptop for free and besides that there was currently a class action lawsuit on Toshiba laptop motherboards. If you have a toshiba a75 laptop. I would strongly recommend calling toshiba and asking for a local repair center so you can get your laptop repaired. I just got mine repaired a few weeks ago. They replaced the fan, the motherboard and I can't remember what else it might have been the casing...... I think it was. All those were faulty. In fact as I was walking out there was another guy walking in and asked me if it was a toshiba. I told him "Yes" and he laughed and said is it a grounding issue? I told him that it was. and he laughed and said himself and all his friends who have Toshiba laptops have had to get them repaired for grounding issues also. It's just kind of funny. For a company with that much trouble you think they would not try it so many times or recall them. Also I've gotten a bit more information on a class action lawsuit against Toshiba. This is a copy of the email that one of you readers forwarded onto me.

-------------------------------Message starts here------------------------------------------------------------------------

"Gary V. Casavant" gvc@classcounsel.com concerning the class action lawsuit

Toshiba Class Action Status Update From Green Welling LLP
Summary: Proposed class settlement appears inadequate. Details below.
Recommendation: File an individual suit.
How: Read, sign and return the attached retainer agreement.

A. Settlement Proposal Made, But Hearing Delayed

As you know, there are two class action lawsuits regarding the A70, A75, M30X, and M35X Satellite notebook computers. On May 9, attorneys in the other class case filed a proposed settlement for court approval. Green Welling had no involvement in that proposed settlement.

The proposal was scheduled for preliminary approval by the Judge on May 16; but due to a dispute among the lawyers in that case, the hearing was postponed to August 2006. As a result, the settlement is again in limbo and you are unlikely to receive anything from it until next year.

B. “Highlights” From The Proposed Settlement

The actual settlement proposal is a complex and detailed 18 page document. This email is not a substitute for reviewing the proposal itself, so if you want a copy of the proposal, contact us and we will email it to you. That being said, here are select highlights we felt may interest you:

Who Qualifies: The proposed settlement will apply only to people who, for their own use and not for resale, purchased or otherwise acquired in the U.S. the computers specified above from Toshiba or an authorized Toshiba reseller

What You Get: (a) $25 in cash or a $50 credit voucher (for www.toshibadirect.com) for each time your computer was submitted for a qualified repair but did not receive a new top cover; (b) a 12 month extension of the Standard Limited Warranty for repairs; and (c) if you purchased an extended warranty through Toshiba, and if that extended warranty is still active, a $35 credit voucher (for www.toshibadirect.com).

C. Our Recommendation

We again recommend filing individual suits. Even if the proposed settlement is acceptable to you, due to the delay, you will likely not see anything from it until next year. While we cannot guarantee you a better or quicker result with an individual suit, we are willing to try.

If you want to sue as an individual, read the attached retainer agreement. If you agree to its terms, enter your name on the first page, sign it on the last page and return it (by Federal Express, mail or .pdf) so we can start working on this for you. Our representation will be on a contingency basis, meaning we get paid only if you win, and even then, we will first seek our fees and costs directly from Toshiba as allowable by law.

If you choose to hire us to file an individual lawsuit, please provide us with copies of your sales receipt, any service related documents, the warranty, extended warranty, the computer’s serial number and a photo copy of the bottom of your Toshiba computer. Thank you for your time and consideration, and we look forward to working with you.

Charles Marshall
Attorney

GREEN WELLING LLP
Tel: (415) 477-6700
Fax: (415) 477-6710
www.classcounsel.com
--------------------------------------------End Email-----------------------------------------------------------------------

So As far as I've seen it seems to be with all Toshiba A75-* models. I'm not certain but it seems to look like it. Any questions or comments can be posted in the comments section or emailed to me personally at inc@inc-corporate.org. Thanks!

**UPDATE**

so, I just called into Toshiba a few days ago and my laptop has been sent off. The Process was very easy I just went to ups gave them the number Toshiba told me to give them and they packaged and sent of my laptop for free after filling out the forms. Hopefully it actually gets fixed this time! basically all a75 and m30 owners get an 12 month extended warranty and possibly more. The site to find out more about the settlement would be here:
http://www.a70m30xsettlement.com/ . To quote directly from the site "
Overview
Plaintiffs in this class action, known as Elihu, et al. v. Toshiba America Information Systems, Inc., claim that Toshiba Satellite® A70, A75, M30X and M35X notebook computers contain a system defect that causes them to freeze, reboot and/or crash, shut down, and/or lock-up with a black screen due to static electricity. Toshiba denies these claims and denies that it did anything wrong. Moreover, Toshiba asserts that it proactively addressed Plaintiffs’ claims by developing and voluntarily providing an effective remedy. Plaintiffs, Class Counsel, and their expert have concluded that the actual likelihood of an electrostatic discharge causing a notebook to freeze, reboot and/or crash, shut down, and/or lock up is statistically low, and that Toshiba's remedy further significantly reduces the potential for such consequences."
and "There are three forms of relief for Class Members: a Warranty Extension, a $25 Cash Payment or $50 Credit Voucher for use on www.toshibadirect.com, and a $35 Credit Voucher for use on www.toshibadirect.com. To find out which benefit(s) you qualify for and how to obtain these benefits, please refer to sections 8 through 13 of the Notice. If, after reviewing the Notice, you believe you are entitled to one or more $25 cash payment(s) and/or $50 credit voucher(s), you have the option of filing your claim electronically on this website. You do not need to file a claim for Warranty Extension or the $35 credit voucher; if eligible, you will automatically receive these benefits. Claim Forms must be postmarked or filed electronically on or before March 9, 2007."