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Soyo Class Action Suit (for bad mobo caps)

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    Soyo Class Action Suit (for bad mobo caps)

    Just came across this page this morning, while downloading some drivers from soyo's site. They have a small image on the homepage:





    The dates are at the end of the summary, and it's pretty late in the game. Not that it makes much difference for me anyway, since I'm not in the US. You still have time to make a claim though.
    Text is reproduced here for ease of perusal.
    ------------------------------------------

    From Soyo Group Inc:

    SOYO is proud of its tradition of innovation and quality. However, if we ever let you down, please let us know. We want you to be completely satisfied with your decision to buy SOYO.

    MOTHERBOARD CAPACITOR REPAIR NOTICE

    If you purchased a SOYO MOTHERBOARD with capacitors problems between August 2, 2000 and March 30, 2007, you may be entitled to benefits from a proposed class action settlement. Click www.soyosettlement.com

    ------------------------------------------

    From soyosettlement.com:

    SUMMARY NOTICE OF SETTLEMENT

    ATTENTION: ALL ORIGINAL PURCHASERS IN THE UNITED STATES WHO PURCHASED, FOR THEIR OWN USE AND NOT FOR RESALE, DURING THE PERIOD AUGUST 2, 2000 THROUGH MARCH 30, 2007. A SOYO MOTHERBOARD THAT CONTAINS DEFECTIVE, LEAKING OR BAD ELECTROLYTIC CAPACITORS, EXCLUDING PURCHASERS OF COMPUTER SYSTEMS SOLD BY AN ORIGINAL EQUIPMENT MANUFACTURER THAT ALSO CONTAINS A SOYO MOTHERBOARD, AND EXCLUDING PURCHASERS WHO HAVE PREVIOUSLY HAD THEIR CAPACITOR PROBLEMS IN THEIR SOYO MOTHERBOARDS REPAIRED OR REPLACED BY SOYO.
    THIS NOTICE IS GIVEN TO INFORM ALL POTENTIAL CLASS MEMBERS OF A PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT. PLEASE READ THIS SUMMARY NOTICE CAREFULLY AND IN FULL AS YOUR RIGHTS WILL BE AFFECTED BY THE PROCEEDINGS IN THIS ACTION.

    NOTICE IS HEREBY GIVEN that a hearing will be held before the Honorable J. Michael Gunn of the Superior Court of California for the County of San Bernardino, Rancho Cucamonga District, located at 8303 N. Haven Avenue, San Bernardino, California on September 27, 2007, at 8:30 o'clock a.m. to determine, among other matters, (1) whether the proposed settlement of the Action on terms set forth in a Settlement Agreement dated May 17, 2007, is fair, reasonable and adequate: (2) whether a settlement class should be certified; (3) whether the Court should enter the proposed final judgment; and (4) whether the application of counsel for the class for an award of attorneys' fees and expenses should be granted.


    Description of the Action
    The Class Representative in this Action alleges that Soyo Group, Inc. and Soyo, Inc. (“Soyo”) marketed and sold various models of its motherboards containing an allegedly defective component, namely, a capacitor which was prone to failure. Soyo has denied and continues to deny these allegations and would assert a number of affirmative defenses.


    Description of the Settlement
    The Settlement provides that Soyo will repair or exchange at its option, the defective capacitors on Soyo Motherboards of Settlement Class members, who submit valid, verified claim forms establishing that they have experienced failure of a motherboard due to capacitor failure. Such repair or exchange shall be at no cost to the purchaser. Purchasers who have experienced such motherboard failure will be instructed to send their motherboard(s) to Soyo or its designated repair facilities and Soyo will repair or exchange the capacitors (or exchange the motherboards with a similar motherboard at its option). All shipping costs will be paid by Soyo. Soyo will extend the warranty on the repairs and on the capacitors for a period of six (6) months, following the repair or exchange. For those members of the Class who have incurred direct out-of-pocket expenses in connection with the repair of the motherboard affected by a capacitor failure, Soyo will reimburse such Class Members for the cost of repairs, parts, labor and handling charges in connection with repairing affected capacitors up to the sum of Fifty Dollars ($50.00) per motherboard, provided such costs are reasonable and verifiable. Your Claim Form must be received no later than December 27, 2007 in order for you to take advantage of the benefits of the Settlement. To obtain a Claim Form, please click here.


    How to Participate in the Settlement

    If you are a Settlement Class member, you may visit the settlement website at www.soyosettlement.com following the Effective Date of the Settlement in order to provide the requested information so that you will, if eligible, be able to participate. To receive a detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing” which describes the Action, the proposed settlement the eligibility requirements, the deadlines for submitting a Claim Form, and the rights and options available to Settlement Class members, you must send a written request including your name and address by mail to Soyo Motherboard Class Action Settlement, 1420 S. Vintage Ave., Ontario, CA 91761, or visit the settlement website at www.soyosettlement.com. The detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing” may be printed from the settlement website.

    Requests for Exclusion and Objections

    Any requests for exclusion from the proposed settlement must be sent by mail to Class Counsel, Marc H. Edelson, Edelson & Associates, LLC, 45 West Court Street, Doylestown, PA 18901, and postmarked on or before August 28, 2007. The procedure, rights and effects regarding exclusion are fully explained in the detailed “Notice of Pendency of Class Action Proposed Settlement and Hearing.”

    Any objections to the proposed settlement must be filed with the Court and copies served on Class Counsel, Marc H. Edelson at the above address and Counsel for Soyo, David I. Lefkowtiz and George Stanbury, Wilshire Palisades Law Group, P.C., 233 Wilshire Blvd., Suite 820, Santa Monica, CA 90401-1042 or before August 28, 2007. The procedure for making an objection is fully explained in the detailed “Notice of Pendency of Class Action, Proposed Settlement and Hearing.”

    PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE FOR INFORMATION.

    PLEASE NOTE THE FOLLOWING IMPORTANT DATE

    Last day to request exclusion (Opt Out) Postmarked by August 28, 2007
    Last day to submit objection Postmarked by August 28, 2007
    Last day to submit Claim Form Postmarked by December 27, 2007
    Final approval Hearing September 27, 2007-8:30a.m.
    DATED: June 13, 2007 By Order of the Superior Court of California for the County of San Bernardino

    ------------------------------------------
    Attached Files
    Last edited by gintama; 10-03-2007, 11:56 AM.

    #2
    Re: Soyo Class Action Suit (for bad mobo caps)

    Defendant has agreed to pay Class Counsels' reasonable attorneys' fees of $175,000
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    Comment


      #3
      Re: Soyo Class Action Suit (for bad mobo caps)

      notice the denial of the problem but settling the suit.
      bury head in sand and say there are no such thing as junk caps.

      Comment


        #4
        Re: Soyo Class Action Suit (for bad mobo caps)

        well it wouldnt be clever to admit it. the lawyers would have a field day

        still i dont see how these class actions are benefiting anyone but the lawyers. The named plaintiff is getting $2000 which is hardly covering his time i guess. i wonder how many people actually take up the offer to get their board repaired though.

        it is likely for any of the manufacturers to settle because the terms are nothing to them in comparison with the typically very large awards of US courts.

        then again it is likely for any settlement to not be more than the other similar settlements with the other manufacturers. therefore any settlement is not going to be very interesting.

        so it is sort of just making a point really. the manufacturers write it off as a "cost of doing business" and none really change their practices. but i guess there are some people who like to make a point and i do respect that, its certainly better than sitting on ones fat ass and doing nothing.
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        Comment


          #5
          Re: Soyo Class Action Suit (for bad mobo caps)

          It's funny what you find when you're looking for something specific. I had heard one company had already been brought to court like this (Asus maybe?) but in poking around for more on Soyo's legal background I came across several others. Maybe I'll ask them if they'll repair the boards I have, since that little blurb on their website seems to be inviting me to... ;p

          Comment

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