What are these FAQs?

BASIC INFORMATION

  1. Why was this Notice issued?

    A Court authorized the Notice because you have a right to know about this Class Action lawsuit and the proposed Settlement, and to know about all of your options, before the Court decides whether to give “final approval” to the Settlement. Because you may be a member of the Class you will be bound by the Settlement and release any claims you have against the Defendant relating to the Covered Products, including that the Covered Products were defective. You will also be affected by any order or judgment entered by the Court in the Action. This Notice explains the Action, the Settlement, and your legal rights.

    The case is known as Alex Arreguin, Jr. individually and on behalf of all others similarly situated, v. Telebrands, Rancho Cucamonga Superior Court, Case No. CIVRS1307798 (“the Action”). The persons who sued are the Plaintiffs. The company they are suing, Telebrands is the Defendant. The proposed Settlement resolves all claims related to the Covered Products, including claims that the Covered Products were defective, other than claims for personal injury arising from the use of the Covered Products.

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  2. What is the lawsuit about?

    Alex Arreguin, Jr. has filed a lawsuit (the “Action”) on behalf of himself and all others similarly situated alleging that some of the advertising and product labels for Pocket Hose were false and misleading, and that the Pocket Hose was defective. The Action sought damages, disgorgement of profits, injunctive relief, and attorneys’ fees and costs. Plaintiffs have not claimed that the Covered Products were unsafe or caused any physical injury.

    Defendant denies the allegations of the Action, denies all allegations of wrongdoing and of liability, and denies any causation of harm or damage to the Settlement Class. Both Plaintiffs and Defendant believe that the Settlement is fair, adequate, and reasonable and that it is in the best interests of the Settlement Class.

    Although the Court will decide whether to approve the Settlement, it has not made and will not make any finding that Defendant has done anything wrong or violated any law, or that any of the allegations of the lawsuit are true or false.

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  3. Why is this a class action?

    In a Class Action one or more people called “Class Representatives” (in this case, Alex Arreguin, Jr.) sues on behalf of people who have similar claims. All of these people or entities are a “Class” or “Class Members.” One court resolves the issues for all Class members, except for those who exclude themselves from the Class.

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  4. Why is there a settlement?

    Both sides agreed to the Settlement to avoid the cost and risk of further litigation. The Settlement does not mean that the Defendant violated any laws or engaged in any wrongdoing, nor does it mean that Plaintiffs would not prevail if the case went to trial. However, after assessing all factors related to the case, both Defendant and the Plaintiffs believe that a class-wide settlement is in the best interests of all Parties.

    To see if you are affected or if you can receive benefits, you first have to determine whether you are a Class Member.

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WHO IS IN THE SETTLEMENT

  1. How do I know if I am part of the settlement?

    All persons who purchased for personal consumption, and not for re-sale, the product the Pocket Hose (the “Covered Products”), from November 6, 2009 until January 30, 2014.

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  2. Are there exceptions to being included?

    Yes. The Class does not include persons who request exclusion from the Class and the Settlement in a timely and correct manner. The Class also does not include any of Defendant’s officers, directors, and employees, or any individuals who received remuneration from Defendant to act as an endorser of the Covered Products.

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  3. I’m still not sure if I’m included in the Settlement.

    If you are not sure whether you are included in the Class, call (866) 446-4667.

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THE SETTLEMENT BENEFITS – WHAT YOU GET

  1. What does the Settlement provide?

    In the Settlement, Defendant agrees to pay for the following: all costs associated with providing notice of the Settlement, all attorneys’ fees, costs and expenses awarded to Class Counsel, the costs and expenses associated with administering the Settlement, and refunds to Class Members for units purchased of the Covered Products.

    Each Settlement Class Member will be eligible for refunds as follows:

    1. For those Settlement Class Members who return the Covered Products to the Settlement Administrator and provide a copy of the receipt memorializing the purchase of the Covered Products, a total of $20.00 per unit of Covered Products purchased during the Class Period, up to the total amount of units purchased that are returned with a valid receipt.
    2. For those Settlement Class Members who provide a copy of the receipt memorializing the purchase of the Covered Products, but who do not return the Covered Products to the Settlement Administrator, a total of $12.00 per unit of Covered Products purchased during the Class Period, up to the total amount of units for which the Settlement Class Member has a valid receipt.
    3. For those Settlement Class Members who neither return the Covered Products nor provide a valid receipt, but who substantiate their claims through a submission of the Claim Form attesting to their purchase of the Covered Products under penalty of perjury, together with additional information requested by the Settlement Administrator on the Claim Form, a total of $6.00.

    More details are in a document called the Settlement Agreement and Release (or “Settlement Agreement”), which is available on the Important Documents page.

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  2. What am I giving up in exchange for the Settlement benefits?

    If the Settlement becomes final, Class Members will be releasing any and all of their respective claims, actions, demands, obligations and liabilities related to the Covered Products, including that the Covered Products were defective, other than causes of action for physical injury arising from the use of the Covered Products. This release will be without limitation and will inure to the benefit of all persons or entities, including, but not limited to, the Discharged Parties as that term is defined in Section III.C.1 of the Settlement Agreement. This release will be effective whether the matters released are known or unknown, direct or indirect, contingent or absolute, existing or potential, or suspected or unsuspected. The Settlement Agreement is available on the Important Documents page. The Settlement Agreement describes the released claims with specific descriptions, in necessarily precise legal terminology, so read it carefully. You can talk to one of the lawyers listed below for free or you can, of course, talk to your own lawyer if you have questions about the released claims or what they mean.

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HOW TO GET COMPENSATION - SUBMITTING A CLAIM FORM

  1. How can I receive compensation?

    To ask for compensation, you must complete and submit a Claim Form along with the required supporting documentation, if you have it. You can get a Claim Form on the Important Documents page. The Claim Form describes what you must provide to prove your claim and receive compensation. Please read the instructions carefully, fill out the Claim Form, and either submit it online here or mail it postmarked no later than June 20, 2014 to:

    Pocket Hose Settlement Administrator
    PO Box 3967
    Portland, OR 97208-3967

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  2. When will I get my check?

    Checks will be mailed to Class Members who submit valid Claim Forms on time, after the Court grants “final approval” of the Settlement, and after the time for appeals has ended and any appeals have been resolved. If the judge approves the Settlement after a hearing on August 14 at 8:30 am, there may be appeals. Resolving these appeals can take time.

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EXCLUDING YOURSELF FROM THE SETTLEMENT

  1. If I exclude myself, can I get anything from the Settlement?

    No. If you exclude yourself now you will not get anything from the Settlement. If you ask to be excluded, you will not receive a cash payment, and you cannot object to the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against Defendant in the future. You will not be bound by anything that happens in this Action.

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  2. If I don’t exclude myself, can I sue later?

    No. Unless you exclude yourself, you give up the right to sue anyone for any claims concerning the Covered Products, other than claims for personal injury arising from the consumption of the Covered Products. You must exclude yourself from this Class to start or continue your own lawsuit.

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  3. How do I get out of the Settlement?

    To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from Alex Arreguin, Jr. individually and on behalf of all others similarly situated, v. Telebrands, Rancho Cucamonga Superior Court, Case No. CIVRS1307798. Be sure to include your name, address, telephone number and your signature. You can’t ask to be excluded at the website or on the phone. You must mail your Request for Exclusion, postmarked no later than May 30, 2014 to:

    Pocket Hose Settlement Administrator
    PO Box 3967
    Portland, OR 97208-3967

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THE LAWYERS REPRESENTING YOU

  1. Do I have a lawyer in the case?

    The Court has designated the law firm Milstein Adelman, LLP to represent you as “Class Counsel”. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

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  2. How will the costs of the lawsuit and Settlement be paid?

    Class Counsel will make a Fee and Cost Application to be heard at the Final Approval Hearing seeking an award of attorneys’ fees and litigation expenses in an amount not to exceed $200,000. Class Counsel will also make an application to be heard at the Final Approval Hearing for an incentive award to be paid to the Class Representative in an amount not to exceed $2,500. Attorneys’ fees, costs and expenses that are approved by the Court and all costs to administer the Settlement, including providing Notice to the Class, shall be paid by Defendant.

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OBJECTING TO THE SETTLEMENT

  1. How do I tell the Court if I don’t like the Settlement?

    You can object to the Settlement if you don’t like some part of it. You must give reasons why you think the Court should not approve it. To object, you must provide a written objection to the Settlement, stating that you object to the settlement in the matter of Alex Arreguin, Jr. on behalf of himself and all others similarly situated, v. Telebrands, Rancho Cucamonga Superior Court, Case No. CIVRS1307798, and provide the reasons why you object to it. The written objection must include your name, address, telephone number, the Covered Product you purchase and the date and location of your purchase, your signature, the reasons why you object to the Settlement and all documents you want the Court to consider. If you have filed a valid objection you may also appear at the Final Approval Hearing. The objection, in order to be valid, MUST BE filed with the Court no later than June 20, 2014. You must also serve copies of your objection by mail on the following addresses:

    ADMINISTRATOR COURT
    Pocket Hose Settlement Administrator
    PO Box 3967
    Portland, OR 97208-3967
    Rancho Cucamonga District
    8303 Haven Avenue
    Rancho Cucamonga, CA 91730
    CLASS COUNSEL DEFENSE COUNSEL
    Gillian L. Wade, Esq.
    Sara D. Avila, Esq.
    Milstein Adelman, LLP
    2800 Donald Douglas Loop North
    Santa Monica, CA 90405
    Jeffrey Richardson, Esq.
    Mitchell, Silverberg & Knupp LLP
    11377 West Olympic Boulevard
    Los Angeles, CA 90064

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  2. What’s the difference between objecting and excluding?

    Objecting is telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

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THE COURT’S FINAL APPROVAL HEARING

  1. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Final Approval Hearing at 8:30 a.m. (PDT) on August 14, 2014, at Dept. S25 San Bernardino Justice Center 247 W. Third Street San Bernardino, CA 92415. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this site periodically for updates. At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The judge will only listen to people who have asked to speak at the hearing. The Court will also decide how much to pay the lawyers representing Class Members. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

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  2. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own expense. If you send an objection and you want the objection to be considered by the Court, you or your attorney must appear at the Final Approval Hearing to discuss the objection.

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  3. May I speak at the hearing?

    You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must send a letter saying that it is your “Notice of Intent to Appear in the Alex Arreguin, Jr. on behalf of himself and all others similarly situated, v. Telebrands, Rancho Cucamonga Superior Court, Case No. CIVRS1307798 litigation.” Be sure to include your name, address, telephone number, and your signature. Your Notice of Intent to Appear must be postmarked no later than June 20, 2014, and be sent to the same addresses listed for mailing objections. You cannot speak at the hearing if you excluded yourself from the Class.

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IF YOU DO NOTHING

  1. What happens if I do nothing at all?

    If you are a Class Member and do nothing, you will not receive a payment from this Settlement. And, unless you exclude yourself, you will be bound by the Settlement Agreement, and you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendant or the other Discharged Parties about the Covered Products, other than claims for personal injury arising from consumption of the Covered Products.

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GETTING MORE INFORMATION

  1. How do I get more information?

    More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement, download a Claim Form and review additional case information on this website. You may also call toll-free (866) 446-4667.

    DO NOT CONTACT THE COURT FOR INFORMATION.

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NOTICE: This website provides a summary of the settlement and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.

Questions? Contact the Settlement Administrator at (866) 446-4667 or questions@hosesettlement.com


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