Attention Purchasers of ASUS Rog Strix GL502VS and GL502VSK
Laptops In the United States Between May 4, 2014 and November 19, 2019
April 3, 2020 — Claims Deadline
April 3, 2020 — Objection Deadline
April 3, 2020 — Opt-Out Deadline
April 16, 2020 — Deadline to File Notice of Intent to Appear at Hearing
April 30, 2020 at 1:00 P.M. PDT — Final Approval Hearing
The Notice may affect your rights. Please read it carefully.
A federal court has authorized the Notice. This is not a solicitation from a lawyer.
- The Notice concerns a lawsuit called Carlotti, et al. v. ASUS Computer International, et al., No. 4:18-cv-03369, pending in the United States District Court for the Northern District of California (the “Lawsuit”).
- A Class Action Settlement will resolve the Lawsuit against ASUS Computer International (“ACI”) and ASUSTeK Inc. (collectively, “Defendants”). The Settlement affects all Persons who purchased an ASUS Rog Strix GL502VS or GL502VSK laptop (the “Laptops”) in the United States from Defendants or an authorized ASUS retailer between May 4, 2014 and November 19, 2019.
- The Lawsuit contends that the Laptops were deceptively marketed as powerful, portable machines ideal for gaming and video editing with independent cooling systems to give the Laptops “stability required for intense gaming sessions.” Plaintiff alleges that the Laptops are not suitable for their ordinary and advertised purpose because the Laptops’ batteries drain even when the Laptops are connected to electrical outlets (the “Power Defect”). Plaintiff also alleges that the Laptops’ cooling systems are not independent because they use one set of heatsinks to dissipate heat from both the graphics processing unit and computational processing unit, so the Laptops overheat, leading to physical discomfort and/or diminishing the Laptops’ performance and durability (the “Overheating Issue”).
- Defendants deny any wrongdoing. They contend that the Laptops have always been truthfully marketed and labeled and do not suffer from any common defects.
- To settle the case, Defendants will provide all eligible Class Members a Cash Payment of up to $110, or Credit Certificate of up to $210. Class Members must file a Claim Form to obtain the Cash Payment. Class Members also must file a Claim Form to obtain the Credit Certificate, unless they sent a customer service request to Defendants about a Power Defect and/or Overheating Issue prior to March 19, 2019, as reflected by Defendants’ records. In addition, Defendants will extend the warranty on the ASUS Rog Strix GL502VS laptops that experienced the Power Defect.
- Defendants have the right to terminate the Settlement if more than 1,000 Class Members submit a timely and valid request to exclude themselves from the Settlement. If the Settlement is terminated, then the Lawsuit will proceed to trial.
- Plaintiff’s lawyers will ask the Court for an Attorneys’ Fees and Expenses award of up to $787,500 which will be paid by Defendants. The Attorneys’ Fees and Expenses award is compensation for investigating the facts, litigating the case, and negotiating the Settlement. They will also ask for $5,000 to be awarded to Plaintiff for bringing this Lawsuit. This payment is called an “Incentive Award”.
- Your legal rights are affected whether you act or don’t act. Read the Notice carefully.
This website and the Notice contain a summary of the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, or contact the Claim Administrator by email at Info@ASUSLaptopSettlement.com, by mail at Carlotti v. ASUS Computer International, Inc. Claim Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by phone 1-844-263-6122.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT||DEADLINE|
Obtain Repairs Under the Extended Warranty
|If your ASUS Rog Strix GL502VS model laptop suffered from the Power Defect, you can contact ACI technical support using the toll-free number 1-888-678-3688 for repairs.
You can use the Extended Warranty regardless of whether you file a claim form for the Cash Payment or Credit Certificate, or whether you qualify for an Automatic Credit Certificate.
NOTE: The Extended Warranty applies only to model GL502VS Laptops.
|The later of: (i) three years from the date of purchase; (ii) 90 days from Final Approval; or (iii) 180 days from the date of a prior replacement of the internal power supply and/or power adapter by ASUS.|
Submit a Claim Form
|You can receive a Cash Payment of up to $110. Or you can receive a Credit Certificate of up to $210 for a future purchase from ASUS. To get these benefits, you must submit a Claim Form (unless you qualify for an Automatic Credit Certificate as explained in the next paragraph).
If you already sent a complaint to Defendants about a Power Defect and/or Overheating Issue prior to March 19, 2019, as reflected by Defendants’ records, you will get an Automatic Credit Certificate, and you are not required to submit a Claim Form. You must still submit a Claim Form if you want to receive a Cash Payment instead.
|Postmark or Online Submission Deadline:
April 3, 2020
|Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against the Defendants. You will receive no Cash Payment or Credit Certificate under this Settlement, and no right to obtain a Qualifying Repair under the Extended Warranty.||Postmark or Online Submission Deadline:
April 3, 2020
File an Objection
|Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline: April 3, 2020. Your objection must follow all the procedures stated in the body of the Notice under “Can I Object to the Settlement?”||Postmark or Filing Deadline:
April 3, 2020
Go to a Hearing
|Speak in Court about the Settlement. If you wish to object to any aspect of the Settlement at the Final Approval Hearing, in person or by counsel, you must submit a written Objection by the Objection Deadline noted above and file and serve a Notice of Intention to Appear by April 16, 2020. See the “Can I Object to the Settlement?” section of the Notice for more information.||April 30, 2020 at 1:00 P.M. PDT|
|You will not receive any payment; also, you will have no right to sue later for the claims released by the Settlement.|
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court in charge of this case still has to decide whether to approve the Settlement. Cash Payments and Credit Certificates will be sent to Settlement Class Members only if the Court approves the Settlement. If there are appeals, payments will not be made until the appeals are resolved and the Settlement becomes effective. Please be patient.
- On April 30, 2020 at 1:00 P.M. PDT, the Court will hold a Final Approval Hearing to determine: (1) whether the proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (2) whether Plaintiff’s Counsel’s application for an award of Attorneys’ Fees and Expenses should be granted; and (3) whether Plaintiff’s application for an Incentive Award payment should be granted. The hearing will be held in the United States District Court of the Northern District of California, before Magistrate Judge Donna M. Ryu, in the Oakland Courthouse, 1301 Clay Street, Oakland, CA 94612, in Courtroom 4 on the 3rd floor, or such other judge assigned by the Court. This hearing date may change without further notice to you. Consult this website or the Court docket in this case available through Public Access to Court Electronic Records (PACER), for updated information on the hearing date and time.