[HN Gopher] WD to Settle SMR HDD False Advertising Class Action ...
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       WD to Settle SMR HDD False Advertising Class Action Lawsuit at $160
       per Drive
        
       Author : RachelF
       Score  : 17 points
       Date   : 2021-06-17 20:37 UTC (2 hours ago)
        
 (HTM) web link (www.tomshardware.com)
 (TXT) w3m dump (www.tomshardware.com)
        
       | rasz wrote:
       | >With the settlement, WD would agree that the WD Red NAS HDDs
       | with SMR tech aren't suitable for NAS and RAID usage.
       | 
       | wow, a settlement where party admits guilt? seems rare
       | 
       | > The negotiated terms come to $2.7 million
       | 
       | ah, because it was cheap
       | 
       | >with complainants receiving $4 to $7 in cash for each drive
       | purchased
       | 
       | wait, $4 to $7?
       | 
       | > with a maximum pro-rata adjustment of 85% of the retail price
       | possible. That means the maximum damages per drive in the ~$160
       | range
       | 
       | so which is it? $4 to $7 or $160. I dont understand this at all.
       | 
       | > You won't need proof of purchase to make a claim.
       | 
       | how does that work? I claim to have purchased million of those
       | drives pay me?
       | 
       | >The settlement value comes as the culmination of 10 weeks of
       | negotiations and also includes lawyers' fees and other costs.
       | 
       | oh, so its $2.7 million minus lawyer fees ... This is the source
       | of the news, https://lawstreetmedia.com/tech/consumers-
       | present-2-7m-settl... Here is actual court document
       | https://www.docketalarm.com/cases/California_Northern_Distri...
       | 
       | >Class Members can receive between $4.00 and $7.00 cash award for
       | each Subject Product the Claimant purchased during the Class
       | Period, subject to a maximum pro rata adjustment of 85% of the
       | Subject Products' retail purchase price (i.e., 85% of $69.99 for
       | the 2TB Subject Product, $84.99 for the 3TB Subject Product,
       | $94.99 for the 4TB Subject Product, and $145.99 for the 6TB
       | Subject Product)
       | 
       | >The affected WD Red NAS hard drives have the following SKUs:
       | WD20EFAX (2TB capacity), WD30EFAX (3TB capacity), WD40EFAX (4TB
       | capacity) and WD60EFAX (6TB capacity)
       | 
       | > No proof of purchase is required to submit a claim, and
       | Claimants may submit claims for each Subject Product purchased.
       | 
       | still dont understand how that is supposed to work? submitting
       | serial numbers?
       | 
       | Whats fascinating:
       | 
       | >3 The maximum pro rata upward adjustment amount was the subject
       | of dispute between Plaintiffs and Defendant. Plaintiffs advocated
       | for a full refund, whereas Defendant insisted on a cap of $36 per
       | 2TB and 3TB Hard Drives, and a cap of $63 for 4TB and 6TB Hard
       | Drives. Pursuant to the parties' executed Class Action Settlement
       | Term Sheet, this issue was decided by a third-party neutral, Hon.
       | Elizabeth Laporte (Ret.). Judge Laporte received written
       | submissions from both parties and issued a decision of 85% of the
       | Subject Products' retail purchase price as the maximum pro rata
       | upward adjustment. Judge Laporte's decision is attached to the
       | Kopel Declaration as Exhibit 3.
       | 
       | So plaintiffs wanted full refund, WD proposed $36-$63, and Judge
       | decided right in the middle will be $4-$7? Unsurprisingly there
       | is no mention of $160 per drive, like there is no mention of
       | admitting any guild, just WD agreeing to "correctly label its
       | product for 4 years". Document calls this "significant injunctive
       | relief" HAHA.
       | 
       | in other news WD seems to be in a settlement mood, here is
       | another one for sex discrimination from January, with each class
       | participant receiving ~2.5K while lawyers pocketed 2.5mil
       | 
       | https://www.globenewswire.com/en/news-release/2021/01/08/215...
        
         | malwarebytess wrote:
         | Hardly feels like the court system works when it's impossible
         | to actually recoup damages. Don't see how our justice and court
         | systems can justify being the sole arbiters when the results so
         | often suck ass.
        
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       (page generated 2021-06-17 23:02 UTC)