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Approval of $2M ASUS Tablet Class Action Settlement Sought Again
By Kimberly Mirando
UPDATE: A federal judge granted final approval to the ASUS Class Action Settlement on July 15, 2013.
ASUS tablet customers asked a federal judge this week to approve an estimated $2.2 million class action settlement resolving claims ASUS defectively designed its Transformer Prime tablet with a metallic body that renders its GPS and Wifi capabilities useless.
This is lead plaintiff Colin Fraser’s second attempt to settle his class action lawsuit with ASUS, which he filed in February 2012. U.S. District Judge William Alsup denied Frasier’s first approval request in December, finding the proposed class action settlement unfairly bound Class Members who weren’t notified of the settlement.
“It would be much fairer to limit the release to those who actually submit claims,” Judge Alsup said in his order.
Fraser filed a second motion for approval on Monday. According to the revised agreement, the $2.2 million class action lawsuit settlement will provide $17.00 each to eligible Class Members. The settlement also includes a free GPS dongle.
In a letter to customers dated December 30, 2011, ASUS admitted it was aware of the Transformer Prime tablet defect and apologized to consumers. Instead of trying to fix the problem, however, the company removed any references to GPS in the tablet’s specifications and marketing. ASUS authorized retailers, however, still continued to advertise the Transformer Prime with GPS capability.
In his second motion, Fraser revised the ASUS tablet class action settlement so that only Class Members who participate in the settlement are bound by its terms.
“Any class member who does not participate in the settlement will not have their rights compromised or affected by the settlement in any way,” the second motion said.
Frasier also asked to court to notify Class Members of the ASUS tablet settlement within 35 days.
The ASUS Transformer Prime Tablet Class Action Lawsuit Settlement case is Fraser v. Asus Computer International et al., Case No. 12-cv-00652, U.S. District Court for the Northern District of California.
Updated July 17th, 2013
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