Frequently Asked Questions
- I recently received a Notice of Pendency and Settlement of Class Action and Claim Form in the mail for the IBM 75GXP Litigation. What is this about?
- Am I being sued?
- How do I know if I am a Class Member?
- What is a “Qualifying Deskstar 75GXP”?
- What are the Settlement Benefits?
- When will I receive my Settlement Benefits?
- How will I know if I have a hard disk drive that is covered by the Settlement?
- Where can I download the Utility that determines if my hard disk drive is covered under the Settlement?
- Where on the label of the hard disk drive does the serial number appear?
- What if I have used all of the suggested methods and still cannot determine whether my hard disk drive is covered under the Settlement?
- What is meant by a “hard disk drive failure,” and who will determine whether I have experienced a hard disk drive failure?
- May I send my computer to the Settlement Administrator for inspection?
- Will the Settlement Administrator examine my hard disk drive?
- What kind of documentation is necessary to establish whether my hard disk drive is covered by the Settlement?
- Should I send originals of the supporting documentation?
- What if I no longer have a receipt or any other supporting documentation?
- How many claims may I submit?
- When is the Claim Form due?
- Where do I submit my completed Claim Form?
- What if I miss the filling deadline. May I still file a Claim Form?
- How do I notify the Settlement Administrator of a wrong address or a change of address?
- I did not receive a Notice and Claim Form in the mail. How can I obtain one?
- What is the Settlement Hearing, and do I have to attend?
- I received a Notice and Claim form that was addressed to a deceased family member. May I file a claim for the decedent?
- If I file an Objection, am I still a Class Member?
- How can I exclude myself from (opt out of) the Settlement?
- How can I contact the Settlement Administrator?
- What if I have other questions that are not addressed here?
Q. I recently received a Notice of Pendency and Settlement of Class Action (“Notice”) and Claim Form in the mail for the IBM 75GXP Litigation. What is this about?
A. The Notice describes this class action, which is one of several that were filed against IBM. All these class actions involve allegations that IBM manufactured and sold a family of hard disk drives, the “Deskstar 75GXPs,” that suffer from one or more design and/or manufacturing defects. It is alleged that these defects cause the Deskstar 75GXP hard disk drive to fail to reliably retrieve and store data. It is also alleged that IBM made false and inaccurate statements and representations concerning the reliability of these hard disk drives. IBM vigorously denies the Class Representatives’ allegations. The Notice describes the Settlement benefits and how Class Members can file a claim.
A. No. This is not a lawsuit against you, and you are not required to respond.
Q. How do I know if I am a Class Member?
A. The Class is defined as: All persons and entities in the United States who, during the period March 15, 2000 through March 4, 2005, purchased for their own use and not for resale or distribution: (1) a new Qualifying Deskstar 75GXP from IBM or any entity authorized by IBM to sell such 75GXP; or (2) a pre-assembled computer system that contained as a component a new Qualifying Deskstar 75GXP. Excluded from the Class are IBM employees and those persons who have executed releases releasing IBM from liability concerning or encompassing any or all claims that are the subject of this Action.
Q. What is a “Qualifying Deskstar 75GXP”?
A. It is any new Deskstar75GXP hard disk drive covered by the Settlement, whether purchased by a Class Member as a stand-alone hard disk drive, or whether included as a component of a pre-assembled computer system purchased by the Class Member. The settlement relates to the following family of IBM Deskstar 75GXP HDD models: DTLA 307-015; DTLA 307-020; DTLA 307-030; DTLA 307-045; DTLA 307-060; DTLA 307-075.
Q. What are the Settlement Benefits?
A. There are two categories of benefits with respect to each Qualifying Deskstar 75 GXP, and each Class Member may request and is eligible to receive only one of these categories of benefits. The categories are: (1) all Class Members who purchased a Qualifying Deskstar 75GXP and have experienced a “disk drive failure” (an actual material problem with its performance, as evidenced by a record either in (a) IBM’s Technical Support Center database; (b) IBM’s Return Material Authorization database; or (c) the “IBM 75GXP” database maintained by the Sheller Ludwig & Badey law firm as of February 15, 2005) and meet the other Settlement eligibility criteria are eligible to receive a check for $100; and (2) all Class Members who purchased a Qualifying Deskstar 75GXP and have not experienced disk drive failure are eligible to receive their choice of either 25 blank CD-ROMs (with jewel cases) or a 15% Discount Certificate for a future purchase at IBM.com.
Q. When will I receive my Settlement Benefits?
A. The Settlement benefits cannot be distributed until all claims have been reviewed and processed, which takes a considerable amount of time. However, every effort will be made to conclude the claims process as expeditiously as possible. Please note that any distribution of the benefits is subject to final approval by the Court.
Q. How will I know if I have a hard disk drive that is covered by the Settlement?
A. In order to determine whether you have an eligible IBM Deskstar 75GXP HDD, you may:
- Download a free Utility, as described under 75GXP Serial No.
- Review the documents accompanying your purchase of the hard disk drive.
- Physically check the label on the hard disk drive.
- Contact the entity that sold you the hard disk drive.
Q. Where can I download the Utility that determines if my hard disk drive is covered under the Settlement?
A. We have made available a Utility that can be run on various versions of Microsoft® Windows® operating system. The Utility can be downloaded by clicking on the following link: HDDSerialNumberUtility.
Q. Where on the label of the hard disk drive does the serial number appear?
A. You should look for the model number, part number and serial number by reading the label attached to the hard disk drive.
Q. What if I have used all of the suggested methods and still cannot determine whether my hard disk drive is covered under the Settlement?
A. You may, at your own expense, consult with a computer professional to examine your hard disk drive. You may also Email Settlement Administrator.
Q. What is meant by a “hard disk drive failure”, and who will determine whether I have experienced a hard disk drive failure?
A. “Hard disk drive failure” means an actual, material performance problem with the hard disk drive, as evidenced by a record in either: (1) IBM's Technical Support Center database; (2) IBM's Return Material Authorization database; or (3) the “IBM 75GXP” database maintained by the Sheller Ludwig & Badey law firm as of February 15, 2005. A hard disk drive failure is NOT a request for installation assistance, a request for technical information, or other requests for information or assistance unrelated to an actual, material performance problem. Whether you have experienced a hard disk drive failure will be determined by the Settlement Administrator.
Q. May I send my computer to the Settlement Administrator for inspection?
A. NO. The Settlement Administrator will not inspect your computer, nor will the Settlement Administrator, Class Counsel or IBM be liable for any loss or damage of hardware or software sent to them.
Q. Will the Settlement Administrator examine my hard disk drive?
A. No. The Settlement Administrator will not examine your hard disk drive, nor will the Settlement Administrator, Class Counsel or IBM be liable for any loss or damage that might occur to your hardware or software.
Q. What kind of documentation is necessary to establish whether my hard disk drive is covered by the Settlement?
A. The documentation must demonstrate your purchase of the 75GXP hard disk drive from an authorized seller. Invoices, receipts or purchase agreements, in combination with the credit / debit card statements, are the best form of documentation. The validity of information and/or documentation demonstrating your purchase of a 75GXP will be determined by the Settlement Administrator.
In determining the sufficiency of information and documentation provided as proof of purchase, the Settlement Administrator may request that additional information be provided. Failure to provide the Settlement Administrator with the requested additional information may result in the rejection of your claim.
Q. Should I send originals of the supporting documentation?
A. No, please send only copies. Retain the originals for your files.
Q. What if I no longer have a receipt or any other supporting documentation?
A. You must produce a receipt or other supporting documentation evidencing the purchase of an eligible 75GXP hard disk drive, or you will not receive any Settlement Benefits.
Q. How many claims may I submit?
A. Only one Claim form will be honored for each Qualifying 75GXP that you purchased. If you purchased more than one Qualifying 75GXP, you must complete and sign a separate Claim Form for each Qualifying 75GXP that you purchased. Additional Claim Forms can be found and downloaded under Documents.
Q. When is the Claim Form due?
A. You must complete and submit the Claim Form, with documentation attached, with postmark or courier proof of shipment dated on or before November 30, 2005.
Q. Where do I submit my completed Claim Form?
A. Mail it, together with the required supporting documentation, to:
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
P.O. Box 9007
Jericho, NY 11753-8907
… or, if via courier
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
One Jericho Plaza, Suite 106
Jericho, NY 11753
If you desire an acknowledgment of receipt of your claim, please send it Certified Mail, Return Receipt Requested .
Q. What if I miss the filing deadline. May I still file a Claim Form?
A. NO. If you do not return the Claim Form and attached documentation with postmark or courier proof of shipment dated on or before November 30, 2005, your claim will be rejected and you will be deemed to have waived all rights to recover any of the Settlement benefits.
Q. How do I notify the Settlement Administrator of a wrong address or a change of address?
A. You must send a written notification, including (1) the name of the litigation (IBM 75GXP Litigation), (2) your name, (3) your old address, (4) your new address, and (5) your Claim Number, if known, to:
Via Mail:
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
P.O. Box 9007
Jericho, NY 11753-8907
… or, if via courier
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
One Jericho Plaza, Suite 106
Jericho, NY 11753
Via Fax: (516) 931-0810
Q. I did not receive a Notice and Claim Form in the mail. How can I obtain one?
A. This material can be requested in one of the following ways:
Via Mail:
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
P.O. Box 9007
Jericho, NY 11753-8907
Via Phone: (866) 206-0810
Via Fax: (516) 931-0810
Via Website: Download PDF files under Documents.
Q. What is the Settlement Hearing, and do I have to attend?
A. The Court has scheduled a hearing to consider the fairness, reasonableness, and adequacy of the proposed Settlement and to consider the request of Plaintiffs’ counsel for the award of attorney’s fees and expenses. It is not necessary for you to appear at the Settlement Hearing. The Class will be represented by the Plaintiffs’ counsel.
Q. I received a Notice and Claim Form addressed to a deceased family member. May I file a claim for the decedent?
A. If you want to file a claim on behalf of a deceased family member, you must submit a letter detailing your relationship to the decedent and a copy of the deceased Class Member’s death certificate, together with the completed Claim Form and the required supporting documentation. The claim will be reviewed to determine whether it is eligible for Settlement benefits.
Q. If I file an Objection, am I still a Class Member?
A. Yes.
Q. How can I exclude myself from (opt out of) the Settlement?
A. If you want to exclude yourself from the Settlement, you must submit a written request for exclusion to the Settlement Administrator. The request must include your name, your address, the model number(s) of the Deskstar 75GXP hard disk drive(s) you purchased, a statement that you want to be excluded from this Settlement, and your signature. If you properly request exclusion from the proposed Settlement, you will not be bound by the Settlement of the Action, you will not receive any benefits of the Settlement, and you may pursue your claims individually. If you do not request exclusion from the Settlement you will be bound by the Settlement and eligible to participate in the Settlement. However, you will have released any and all “Released Parties” from any and all “Released Claims” (defined in the Notice) and will have waived your right to sue or otherwise make a claim against the Released Parties concerning the Released Claims. If you do not exclude yourself from the Settlement and fail to timely submit a Claim Form, then you will be bound by the Settlement, but will not receive any Settlement benefits. Mail your exclusion request with postmark or courier proof of shipment dated on or before June 17, 2005, to:
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
P.O. Box 9007
Jericho, NY 11753-8907
… or, if via courier
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
One Jericho Plaza, Suite 106
Jericho, NY 11753
Q. How can I contact the Settlement Administrator?
A. Via Mail:
IBM Deskstar 75GXP Litigation
c/o Berdon Claims Administration LLC
P.O. Box 9007
Jericho, NY 11753-8907
Via Phone: (866) 206-0810
Via Fax: (516) 931-0810
Via Website: www.ibmdeskstar75gxplitigation.com. See Contact Us
Via E-Mail: ibm75gxp@berdonllp.com
Q. What if I have other questions that are not addressed here?
A. If you have any questions that are not addressed here, please Contact Us directly.