Anne Bucher  |  April 24, 2014

Category: Consumer News

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Duracell Ultra Batteries Class Action SettlementThe lead plaintiff in the Duracell Ultra battery class action lawsuit has asked a Florida federal judge to grant final approval to the class action settlement.

On Tuesday, Joshua D. Poertner filed a motion for final approval of the Duracell battery settlement on behalf of himself and the settlement Class Members. If approved, the class action settlement would resolve two similar Duracell Ultra lawsuits. Under the terms of the class action settlement, The Gillette Co. and The Procter & Gamble Co. will pay nearly $50 million to resolve the class action lawsuits, which allege the companies deceived consumers about the battery life of Duracell Ultra Advanced and Ultra Power batteries. The plaintiffs claim that they paid a premium for batteries that are not materially better than Duracell’s cheaper batteries.

The court granted preliminary approval to the Duracell Ultra class action settlement in November 2013. Since then, Class Members have submitted 55,346 claims, representing nearly 115,000 packages of Duracell Ultra batteries. “This claim filing rate is above average when compared to class settlements in other recent consumer class action cases,” the court documents state. Further, only six Class Members objected to the class action settlement and only 12 percent chose to opt out. “That only 0.00008% of more than 7.2 million people objected to the Settlement—and only 0.0002% of the Class requested exclusion—weighs heavily in favor of the fairness, reasonableness, and adequacy of the Settlement,” Poertner argued in his motion seeking final approval of the Duracell battery settlement.

According to the court documents, the Duracell class action settlement, “which was reached after extensive arm’s-length negotiations among counsel with the duty of vigorously representing their clients, is more than fair and reasonable.”

Duracell Ultra settlement Class Members include more than 7.26 million consumers who purchased AA or AAA Duracell Ultra Advanced or Ultra Power batteries at retail after June 2009.

Class Members who submitted valid claim forms by April 10 will receive $3 per pack of Duracell Ultra batteries, up to a maximum of $12, if the class action settlement is given final approval. The final approval hearing is scheduled for May 22, 2014.

More information about the Duracell batteries class action settlement can be found here. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The class is represented by E. Clayton Lowe Jr. of the Lowe Law Firm LLC, Joshua R. Gale of Wiggins Child Quinn & Pantazis LLC, Robert C. Schubert and Noah M. Schubert of Schubert Jonckheer & Kolbe LLP, and Peter A. Grammas of The Law Office of Peter A. Grammas.

The Duracell Ultra Battery Class Action Lawsuits are Joshua D. Poertner v. The Gillette Co., et al., Case No. 6:12-cv-00803, in the U.S. District Court for the Middle District of Florida and Heindel v. The Gillette Co., et al., Case No. 1:12-cv-01778, in the U.S. District Court for the Northern District of California.

UPDATE: On Apr. 11, 2016, Top Class Actions readers started receiving checks from the Duracell Ultra Batteries Class Action Settlement.

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7 thoughts onDuracell Ultra Battery Class Action Settlement Awaits Final Approval

  1. Top Class Actions says:

    UPDATE: On Apr. 11, 2016, Top Class Actions readers started receiving checks from the Duracell Ultra Batteries Class Action Settlement.

  2. B Huret says:

    This is so out dated that it is sad. Final approval was given by the Judge in AUGUST. That information was found on other sites….

  3. sharp301 says:

    yes, that sad, but that’s what they told us before we filed only $6

  4. sharp301 says:

    That’s a shame, a very low amount for us consumers only $6.

  5. albert says:

    I’m not sure I understand the settlement. 55,000 claims at $6 each is $330,000. Where is the rest of the $50,000,000 going that “The Gillette Co. and The Procter & Gamble Co. will pay nearly $50 million to resolve the class action lawsuits,” Seems line $49, 670,000 should go towards the settlemenT. Any opinions. Thanks

    1. Amy says:

      Albert,

      The rest of the money is returning to (to be more accurate, never leaving) the defendant.

      Here are a couple good summaries for you if you are interested: http://www.forbes.com/sites/danielfisher/2014/05/08/odds-of-a-payoff-in-consumer-class-action-less-than-a-straight-flush/

      http://blogs.reuters.com/alison-frankel/2014/05/09/a-smoking-gun-in-debate-over-consumer-class-actions/

      1. Albert says:

        Amy,
        Thanks for the great research. Luckily, I just put in for 10 million claims. It would be nice if the money not spent would go to charity and the lawyers get 33% of the $330000 that goes to consumers. I am looking forward to my $6 rejection notice. Thanks Amy

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