Frequently Asked Questions
- Why is there a Notice?
- What is a class action and who is involved?
- What lawsuit is involved in this settlement?
- What is this Class Action about?
- Why is there a Settlement?
- Am I a Member of the Settlement Class?
- What benefits will I receive as a member of the Settlement Class?
- Is there any money available now?
- What happens if I do nothing?
- How do I timely submit a Valid Claim Form?
- If I remain in the Settlement Class, what claims do I give up?
- Why would I ask to be excluded?
- How do I exclude myself from the Settlement Class?
- Can I object to the settlement?
- When is the Final Approval Hearing?
- Do I have to attend the Final Approval Hearing?
- What is required if I object and want to attend the Final Approval Hearing?
- May I speak at the Final Approval Hearing?
- Does the Settlement Class have a lawyer?
- Should I hire my own lawyer?
- How will Class Counsel be paid?
- Will the Class Representative request any payments in addition to the Settlement Benefits?
- Where can I get more information?
- May I contact the Court or Defendant directly?
- Why is there a Notice?
The purpose of this Notice is to inform potential class members about the proposed settlement of a class action lawsuit. This Notice explains:
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• What the lawsuit and the settlement are about.
• Who is a member of the Settlement Class.
• Who represents the Settlement Class Members in the lawsuit.
• What your legal rights and choices are.
• How and by when you need to act. - What is a class action and who is involved?
In a class action lawsuit, one or more people, called “Named Plaintiffs” or “Class Representatives,” sue on behalf of people who the Named Plaintiff believes has similar claims. The people together are called the “Class” or “Class Members.” In this case, the Named Plaintiff and the company being sued, the Defendant, have reached a proposed settlement. A Court is considering whether to approve the settlement, so it has allowed, or “certified,” this case as a class action for settlement purposes only. All decisions that the Court makes concerning the settlement will affect everyone in the Settlement Class.
Top - What lawsuit is involved in this settlement?
A class action was filed, as amended, in the United States District Court for the Central District of California entitled Anne Wolf, Robin Sergi, Anthony Fehrenbach and Carlos Romero, individually and on behalf of other members of the general public similarly situated v. Hewlett-Packard Company, Case No. 5:15-cv-01221-TJH-GJS (C.D. Cal.). This lawsuit is referred to as the “Class Action.”
Top - What is this Class Action about?
The Class Action claims HP manufactured, marketed, advertised and sold printers that were advertised to have “HP Smart Install,” a feature designed to allow for the easy software installation of the printers, when in fact this feature had been disabled from these printers. The Class Action claims that consumers relied on assurances that the HP Smart Install feature would be included in their purchases of the printer; that without this feature, they would not have purchased the printer; and that HP thereby deceived consumers. The Class Action claims that HP benefited from the loss consumers suffered as a result of HP’s deception. The Class Action claims that in selling the printers and representing them as including the HP Smart Install feature when they in fact did not have such feature, HP has violated state laws. The Class Action asks to refund a portion of the money Class members paid to purchase the printers, and for attorneys’ fees and costs.
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Defendant strongly denies any wrongdoing, but has agreed to settle the Class Action in order to avoid the burden and cost of further litigation. - Why is there a Settlement?
The Court did not decide in favor of the Named Plaintiffs or Defendant. The Class Representatives and Class Counsel (listed below) believe that the claims asserted in the Class Action have merit, but believe that the settlement is in the best interests of the Settlement Class. Class Counsel has evaluated information made available in the course of the lawsuit and settlement negotiations and have taken into account the risks and uncertainties of proceeding with the Class Action. Those risks include the uncertainty of obtaining and maintaining class certification, prevailing on the merits, proving substantial damages at trial, and prevailing on post-trial motions and likely appeals. Based upon the consideration of these and other factors, including the substantial time and expense of further litigation, Class Counsel believe that it is in the best interests of the Settlement Class to settle the Class Action on the terms described below.
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Defendant strongly denies any wrongdoing and does not believe it has any liability to the Class Representative or the Settlement Class. However, Defendant believes that it is in its best interest to settle the Class Action under the terms of the Settlement Agreement and obtain closure on these matters to avoid the uncertainty, expense, and diversion of business resources resulting from further litigation.
The Parties engaged in settlement negotiations, participated in mediation before a professional mediator, and shared information pertaining to the claims asserted in the Class Action before reaching the settlement.
This Notice does not imply that any court has found or would have found that Defendant violated the law, that a class would have been certified, or that any member of the class would have recovered any amount of damages if the Class Action were not settled. - Am I a Member of the Settlement Class?
You are a member of the Settlement Class if:
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• You purchased either an HP LaserJet Pro P1102w printer while residing in Texas or California, or an HP LaserJet Pro 200 Color MFP M276nw printer while residing in California, between April 2014 until present, and the printer was advertised to include the HP Smart Install feature, but was in fact subject to HP’s disablement of the Smart Install Feature.
• And you are not a current or former employee, officer, director, agent, or legal representative of HP, or its affiliated entities. - What benefits will I receive as a member of the Settlement Class?
After the Court grants final approval of the Settlement, each Settlement Class Member who submitted a Valid Claim Form as described above will receive a check in the mail for $20.00 per Class Printer that they attest that they purchased on their Claim Form during the applicable time period
Top - Is there any money available now?
No. No money or benefits are available now because the Court has not yet decided whether to approve the settlement and because it is not yet final. There is no guarantee that money or benefits will ever be distributed.
Top - What happens if I do nothing?
If you do nothing, you will become a Class Member bound by the terms of the Settlement Agreement and Final Judgment, thus forfeiting your right to sue on your own regarding any claims that are part of the settlement. However, your failure to timely submit a Valid Claim Form will forfeit your right to receive your portion of the Settlement Fund.
Top - How do I timely submit a Valid Claim Form?
You must complete and submit a Valid Claim Form by July 21, 2018. Completed Valid Claims Forms may be submitted online at www.wolfsmartinstallclassaction.com, or by downloading and printing the Claim Form from the website and mailing to the Claims Administrator.
Top - If I remain in the Settlement Class, what claims do I give up?
If you remain in the Settlement Class, you give up your right to sue in court or arbitration or be part of any other lawsuit or arbitration against Defendant or its affiliates regarding any issues related to the Released Claims (please see the Settlement Agreement for the claims and parties that will be released). Additionally, all of the Court’s orders will apply to you and legally bind you.
Top - Why would I ask to be excluded?
You may want to exclude yourself from the Settlement Class if you already have filed (or intend to file) a lawsuit or arbitration against Defendant or its affiliates for the Released Claims and want to continue that lawsuit or arbitration individually, on your own behalf. If you do not exclude yourself, you will be legally bound by all orders of the Court regarding the Settlement Class, the Settlement Agreement, and the Released Claims. All Settlement Class Members who do not ask to be excluded will be forever barred from asserting against Defendant and its affiliates any and all actions, claims, causes of action, proceedings, or rights of any nature and description whatsoever regarding the Released Claims, as more fully described in the Settlement Agreement. Settlement Class Members who request exclusion shall not be entitled to recover any benefits from the settlement. Settlement Class Members who request exclusion will not receive a check in the mail after the settlement becomes Final.
Top - How do I exclude myself from the Settlement Class?
You may exclude yourself (“opt-out”) from the Settlement Class by submitting an Exclusion Form available at the Settlement Website, www.wolfsmartinstallclassaction.com. You may submit this form electronically through the Settlement Website by emailing it to info@wolfsmartinstallclassaction.com, or you may print out the form and mail it to the Claims Administrator. If you choose to mail your Opt-Out Form, please send it to the following address:
Wolf v. Hewlett-Packard Company
Claims Administrator
P.O. Box 404017
Louisville, KY 40233-4017The Opt-Out Form must be submitted electronically or postmarked no later than June 21, 2018.
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If you exclude yourself from the settlement, you cannot object to the settlement and you will not receive any money or other benefits from the Settlement.
However, you may rescind your request for exclusion by providing written notice of withdrawal to the Claims Administrator no more than fourteen (14) days after the Final Approval Hearing. - Can I object to the settlement?
Yes, but not if you exclude yourself from the Settlement Class. Objecting is simply telling the Court that you do not like something about the settlement but that you elect to remain in the Settlement Class. All objections that are served on the Claims Administrator by the deadline of June 21, 2018 will be considered at the Final Approval Hearing on November 5, 2018. If you do not serve an objection, you waive your right to appeal any Court order or judgment related to the settlement. If the settlement is ultimately approved over your objection, and you have filed a valid and timely claim, you will receive a check in the mail for $20.00 for each Class Printer you purchased between April 2014 and the effective date of the Settlement Agreement after the settlement’s Effective Date and after the Court grants final approval of the settlement. You will be bound by the settlement and give up your right to sue on your own regarding any claims that are part of the settlement.
To object to the settlement, you must submit a written objection to the Clerk of the Court, by the objection deadline. Please note you must submit an objection to the Claims Administrator if you intend to appear and speak at the Final Approval Hearing.
Your written objection must include:
• The name and case number of this lawsuit;
• Your full name, address, and mobile telephone number;A written statement of all grounds for your objections accompanied by any legal support for such objections;
• Copies of any papers, briefs or other documents upon which your objection is based;
• A written statement as to whether you intend to appear at the Final Approval Hearing;
• A declaration setting forth any other objections submitted by you or your counsel (if any) to any class action settlement submitted in any court (whether state, federal or otherwise) in the United States in the previous five (5) years, along with the case name(s) and case number(s) of any other such matters to which you have objected; and
• If you intend to appear at the Final Approval Hearing through counsel at your own expense, you must also identify the attorney(s) representing you who will appear at the Final Approval Hearing.
The deadline to submit your objection is June 21, 2018. The address for the Clerk of the Court is:
Clerk of the Court U.S. District Court for the Central District of California 350 West First Street Los Angeles, CA 90012The address for the Claims Administrator is:
Wolf v. Hewlett-Packard Company
Claims Administrator
P.O. Box 404017
Louisville, KY 40233-4017You must also mail a copy of your Objection to Class Counsel and HP’s Counsel at the following addresses:
CLASS COUNSEL
Todd M. Friedman, Esq. Adrian R. Bacon, Esq.
The Law Offices of Todd M. Friedman, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367HP’s COUNSEL
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Michael J. Stortz Erin E. McCracken
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235 - When is the Final Approval Hearing?
The Court will hold a Final Approval Hearing November 5, 2018 at 10:00 a.m. in Courtroom 9B of the United States District Court for the Central District of California, the Honorable Judge Hatter presiding, located at 350 West First Street, 9th Floor, Los Angeles, California 90012. The date of the Final Approval Hearing may change, so please refer to the settlement website to confirm the date and time of the Final Approval Hearing. At the Final Approval Hearing, the Court will consider if:
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• The settlement is fair, reasonable, and adequate;
• The settlement should be approved; and
• Any objections to the settlement and, if so, whether those are valid. - Do I have to attend the Final Approval Hearing?
No. Your attendance at the Final Approval Hearing is not required even if you submit a written objection. However, you or your attorney may attend the hearing at your own expense.
Top - What is required if I object and want to attend the Final Approval Hearing?
In addition to the requirements for submitting objections, as listed above in question 13, if you and/or your attorney intend to appear at the Final Approval Hearing, you must provide to the Claims Administrator (who shall forward it to Class Counsel and Defense Counsel) and file with the Clerk of the Court a notice of intention to appear at the Final Approval Hearing no later than thirty (30) days before the Final Approval Hearing or as the Court may otherwise direct.
The address for the Clerk of the Court is:Clerk of the Court U.S. District Court
You may file the notice of intention to appear in person or electronically in the case of Anne Wolf v. Hewlett-Packard Company, Case No. 5:15-cv-01221-TJH-GJS (C.D. Cal.) in the United States District Court for the Central District of California.Top
for the Central District of California
350 West First Street
Los Angeles, CA 90012 - May I speak at the Final Approval Hearing?
Yes, you may speak at the Final Approval Hearing to object to the proposed settlement, but only if you have submitted a written objection and filed a notice of intention to appear as described above (unless the Court provides otherwise). You may also enter an appearance through an attorney hired at your own expense.
Top - Does the Settlement Class have a lawyer?
Yes. The Court appointed the Law Offices of Todd M. Friedman, P.C. to represent you and the other Settlement Class Members. They are called “Class Counsel.” More information about this law firm, their practices, and their lawyers is available at http://www.toddflaw.com.
Top - Should I hire my own lawyer?
You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, you may hire an attorney at your own expense to represent you and speak on your behalf.
Top - How will Class Counsel be paid?
If the Court approves the Settlement Agreement at the Final Approval Hearing, then Class Counsel will ask the Court for an award of reasonable attorneys’ fees and costs in an amount to be determined by the Honorable Court based on Class Counsel’s efforts in litigating this matter.
Top - Will the Class Representative request any payments in addition to the Settlement Benefits?
Yes. Class Counsel will request that the Court grant an incentive award of up to $5,000 for Class Representative Anne Wolf, and $2,000 each for Class Representatives Robin Sergi, Anthony Fehrenbach, and Carlos Romero.
Top - Where can I get more information?
This Notice is only a summary of relevant court documents. Please go to the Case Documents page to view complete copies of case-related documents. If you have further questions, you may:
• Call the toll free number: 1-866-654-2869 or
• Write to the Claims Administrator:
Wolf v. Hewlett-Packard Company
Claims Administrator
P.O. Box 404017
Louisville, KY 40233-4017If you wish to contact Class Counsel regarding the settlement, you may contact them directly as follows:
Todd M. Friedman, Esq. Adrian R. Bacon, Esq.
Law Offices of Todd M. Friedman, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367Tel.: 1-877- 619-8966
Top - May I contact the Court or Defendant directly?
Please do not contact the Court, Defendant or Defense Counsel regarding this settlement. They cannot provide you any advice.
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