Frequently Asked Questions
Please Note: Make sure to check back regularly on this site as we will post updated information regarding this litigation as it becomes available.
It says my digital payment has expired! What do I do?
If you’ve received your digital payment email, but when you click on the payment link it says your payment has expired, please contact email@example.com before July 25, 2022 to have your payment reissued. Unfortunately, we cannot reissue payments after July 25, 2022.
Reissued digital payment notices will be sent August 1–August 5, 2022. You will still need to choose your digital payment option to receive your virtual payment.
If you requested a change of email address, you will be included in the reissue process and your payment will be sent between August 1–August 5, 2022.
I didn’t receive an email payment notice.
Due to the high volume of claimants, payments are being sent out in batches. Please be patient as your payment may be in a later batch. Payment batches will be sent between June 6, 2022 and June 17, 2022.
A firewall may have prevented you from receiving your email payment notice; please check your junk mail or spam folder. Otherwise, it’s possible you do not have a valid claim.
After June 17, 2022, if you still do not see your payment email and you have checked your junk folders, please send an email to the Settlement Administrator at firstname.lastname@example.org to see if you have a valid claim.
I don’t have access to the original email address anymore. Can I change the email for my payment?
You can request to have email on your claim changed by sending your Claim ID, old email address, and new email address to email@example.com.
The payment link doesn't work. How do I access it?
Here are some tips:
If your email is in a spam or junk folder, move the email to your primary inbox and try again.
If you’re on your desktop, try using your mobile phone. If you’re on your mobile phone, try your desktop.
Enable pop-ups in your browser.
Try another browser. We recommend Chrome, but most modern browsers like Firefox, Safari, and Opera also work.
If the payment link still doesn’t work, please contact and the Settlement Administrator at firstname.lastname@example.org include your name, claim ID number and email address.
After clicking the “Accept Your Payment” link, it says ‘Payment Failed’. What do I do?
Unfortunately, your payment failed due to an issue beyond our control — a spam complaint, unsubscribe request, or email bounce. If you would like to request that this payment be reinstated, contact email@example.com.
Please have the following in your email:
- Recipient Name;
- Recipient Email Address;
- Claim ID Number;
- Payment Link.
How long will it take for my payment to appear in my account?
Between June 6, 2022 and June 17, 2022, emails containing payment options will be sent out. If you opted for an electronic payment during the initial claim submission phase, you will receive this email payment notice for your claim. After you select your digital payment preference, delivery times will vary depending on which option you chose.
Upon accepting your electronic payment, the estimated delivery times are:
Mastercard Gift Card: 3-5 business days
Target, Starbucks, or Amazon: 1-2 business days
Prepaid Debit card: 10-14 business days
If you have still not received your payment after the applicable time period has elapsed, contact the Settlement Administrator at firstname.lastname@example.org. Be sure to include the method you chose and the date you submitted your digital payment preference.
What is the email address that will be sending my payment?
Here is a list of valid domains you will encounter when receiving a digital payment. Should you choose to unsubscribe or report this email as spam, you will become ineligible to receive a digital distribution payment.
- Pre-payment notices for digital payments sent from: email@example.com
- Payment notifications will be sent from: firstname.lastname@example.org
- Payment options accessed through the payment email: payments.theoddsettlement.com
If you choose Target, Starbucks, or Amazon, you will receive your virtual card from: ODDSettlement@hawkmarketplace.com
If you choose the Virtual Mastercard option, you will receive your virtual card from: email@example.com
Please note that the above emails are unmonitored and are for sending payments only. If you need assistance with your payment, contact the Settlement Administrator at firstname.lastname@example.org
When will I receive my payment?
Between June 6, 2022, and June 17, 2022, payments will be sent out. If you did not request a paper check, you will receive an email payment notice for your claim.
What are these lawsuits about?
This antitrust class action lawsuit was filed by plaintiffs alleging a conspiracy involving ODD suppliers to fix, maintain, or stabilize the prices of ODDs at artificially high levels in violation of federal and state antitrust laws. ODD refers to a DVD-RW, DVD-ROM, or COMBO drive manufactured by one or more Defendants or their asserted conspirators. The cases are known as In re Optical Disk Drive Products Antitrust Litigation, No. 3:10-MD-2143-RS (MDL 2143). This lawsuit is brought on behalf of individuals and businesses who purchased a new computer with an internal ODD, a stand-alone ODD designed for internal use in a computer, or an ODD designed to be attached externally to a computer as residents of Arizona, California, District of Columbia, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah, Vermont, West Virginia, or Wisconsin between April 1, 2003 and December 31, 2008 for their own use and not for resale. Because the class here is end-users who did not resell their products, they are known as “indirect purchasers.” The defendants deny they did anything wrong.
Who brought these lawsuits?
A group of twenty-three class representatives sued on behalf of people who have similar claims. The class representatives are: Mike Bishop, Cindy Booze, Wanda Duryea, Matthew Ence, Benjamin Faber, Barney Gooman, Jr., Matthew Hosking, James Ito-Adler, Chris Johnson, Susie Lim, John McKee, Gail Murphy, Benjamin Murray, Angela Pritchard, Ben Porter, Mike Reilly, Sandra Steffen, Thomas Stenger, Kristina Tecce, Brian Tindall, Anbessa Tufa, and Kimberly Wood. In its order certifying the class, the District Court found that each of these representatives adequately represent the interests of class members. These class representatives have individually devoted significant amounts of time to this litigation, including reviewing pleadings and legal briefs filed in the action, responding to discovery requests from the defendants and being deposed by the defendants. Each of the class representatives supports the proposed settlements.
Who are the settling defendants?
To date, Plaintiffs have settled with ten separate groups of defendants including:
- Samsung Electronics Co., Ltd. (“SEC”)
- Toshiba Corporation (“Toshiba Corp.”)
- Toshiba Samsung Storage Technology Corporation (“TSST”)
- Koninklijke Philips N.V., Lite-On IT Corporation, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions U.S.A., Inc. (collectively “PLDS”);
- Pioneer Corporation, Pioneer North America, Inc., Pioneer Electronics (USA) Inc., and Pioneer High Fidelity Taiwan Co., Ltd. (collectively “Pioneer”);
- TEAC America, Inc. and TEAC Corporation (collectively “TEAC”).
- Panasonic Corporation and Panasonic Corporation of North America (collectively, “Panasonic”)
- NEC Corporation (“NEC”)
- Sony Corporation, Sony Optiarc Inc., and Sony Optiarc America Inc. (collectively, “Sony”)
- Hitachi-LG Data Storage, Inc. and Hitachi-LG Data Storage Korea, Inc. (collectively, “HLDS)
Who are the remaining defendants?
Two defendant families remain in the case: BenQ Corporation, BenQ America Corp., and Quanta Storage Inc. The Court granted summary judgment in favor of the defendants on all claims. The granting of summary judgment is currently on appeal. The settlements with the SEC, Toshiba Corp, and TSST defendants do not release claims against these remaining defendants.
How do I know if I am part of the settlements and certified class?
You are included in the settlements and certified class if:
- You purchased a new computer with an internal ODD, a stand-alone ODD designed for internal use in a computer, or an ODD designed to be attached externally to a computer for your own use and not for resale; ODD (optical disk drive) refers to a DVD-RW, DVD-ROM, or COMBO drive. All DVD drives are eligible. Solo CD drives are not eligible.
- You made this purchase while a resident of Arizona, California, District of Columbia, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah, Vermont, West Virginia, or Wisconsin; and
- You made this purchase between April 1, 2003 and December 31, 2008.
Panasonic-branded computers are excluded from the class. ODDs purchased directly from a defendant are also excluded from the class. You do not need to have a proof-of-purchase or retain the item to participate in the settlements.
What is an optical disk drive?
An optical disk drive (ODD) uses a laser light to read and write data. These drives were popular in the 1990s and 2000s for storing data, music, and other multimedia files. They were sold both inside computers and also as standalone devices. Please note that in this particular settlement, the drives that are eligible are DVD-RW, DVD-ROM, and COMBO drives. In other words, all DVD drives are included, but solo CD drives are not eligible.
How do I count the number of computers and ODD drives?
ODD drives in this case can be both internal (inside a computer) or external (as a standalone device that plugs into the computer or other device). If you bought a computer with two internal drives, it’s suggested that you report it as such: two “Computer/Internal” optical disk drives. Remember that the date of purchase for these devices/drives is from 2003 to 2008. Be as accurate as you can and make sure the number reflects what you would be willing to testify to in court, under oath, if required.
Is there a limit to the number of drives I can claim?
No, there is not a set limit to the number of disk drives that can be claimed. However, you should only report the total number of devices/drives that you would testify to at trial under oath if required, under penalty of perjury. We reserve the right to audit any large volume claim.
Do I need proof of purchase for each optical disk drive claim?
No, proof of purchase is not required given the timeline of 2003-2008. However, you should make certain to report the total number of devices/drives that you would testify to at trial under oath if required. We reserve the right to audit any large volume claim.
What do the settlements provide?
The settlement with SEC, Toshiba Corp. and TSST provides for $25 million in recovery for the class. This settlement is in addition to $180 million already reached with six defendant families (HLDS, NEC/Sony, Panasonic, Pioneer, PLDS and TEAC) which have received final approval by the court.
How much will my payment be?
Actual payment amounts to individuals and business entities are not yet known. There are a number of factors in the final calculation: (1) the number of ODDs purchased by the class member; and (2) the number of valid claims filed. The current estimated settlement amount is approximately $3.80/drive, which could increase or decrease depending on the factors above. The total settlement amount is fixed at $205M.
How do I object or exclude myself from the settlements?
The deadline to exclude yourself from these settlements has passed. The deadline to object to these settlements is April 30, 2021.
When and where will the Court decide whether to approve the settlements?
The Court held a Final Approval Hearing on February 7, 2019 at the United States District Court, 450 Golden Gate Ave, San Francisco, CA, Courtroom 3 – 17th Floor, to consider whether to approve or deny the SEC, Toshiba Corp., and TSST Settlement and a request for attorneys’ fees up to 20 percent of the Settlement Funds plus costs and expenses.
How do I get more information?
This website summarizes the proposed settlements. More details are in the settlement agreements, available here. Many of the important documents in the case are also available here, including the operative complaint, the District Court’s order certifying the class. Plaintiffs will add additional case documents to this website as the litigation proceeds. You may also contact class counsel at Hagens Berman Sobol Shapiro (email@example.com), or access the Court’s docket in this case through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov, or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave., San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays. For questions about the settlement or the claims process, you may contact the Settlement Administrator at 877-368-9020. PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
What happens to any funds remaining after distribution to the class?
Plaintiffs will make their best efforts to distribute funds received through the settlements to the class. Any remaining funds may be distributed in a second round to class members, or, depending on the funds remaining, be distributed to the California Attorney General for use in prosecuting consumer and antitrust claims. Under no circumstances will the money go back to the defendants.
Why is my state not included?
If your state is not listed, it may be because it does not provide standing for indirect purchasers of price-fixed goods, or has a state law that differs materially from the federal antitrust laws, whereby the Court declined to include residents of that state in the class.