DVD “CC” LABELING CLASS SETTLEMENT

DVD “CC” LABELING CLASS SETTLEMENT

 

**ATTENTION:** IF YOU ARE DEAF OR HAVE HEARING LOSS AND HAVE PURCHASED, RENTED, OR OTHERWISE OBTAINED A DVD OR OTHER HOME VIDEO PRODUCT, OR IF YOU HAVE OBTAINED SUCH A PRODUCT FOR — USE WITH CAPTIONING OR CLOSED CAPTIONING, PLEASE READ THIS NOTICE CAREFULLY—YOUR RIGHTS MAY BE AFFECTED BY THIS PROPOSED CLASS ACTION SETTLEMENT. THIS NOTICE IS PROVIDED BY COURT ORDER.

 

CLASS ACTION SETTLEMENT. The Los Angeles County Superior Court has preliminarily approved settlement of Boltz v. Buena Vista Home Entertainment, Inc., et al. (Case No. BC 323842), a pending class action lawsuit which alleged that certain motion picture producers and distributors misled consumers by inaccurately describing the nature of the closed captioning and/or subtitling provided on their DVDs. Specifically, the lawsuit alleges that Buena Vista Home Entertainment, Inc., The Walt Disney Company, Warner Bros. Entertainment Inc., Warner Home Video Inc., Universal Studios Home Entertainment LLC, Metro-Goldwyn-Mayer Studios Inc., Metro-Goldwyn-Mayer Home Entertainment LLC, Sony Pictures Entertainment Inc., Sony Pictures Home Entertainment Inc., and Tri-Star Pictures, Inc. (the “Settling Companies”) misled consumers by displaying a captioning symbol or stating “captioning,” “captioned,” “subtitled” or “subtitling” on certain DVD packaging when the main feature presentation was captioned, closed captioned, or subtitled but some or all of the DVD “bonus material” was not. The Settling Companies have denied liability, but have agreed to settle this action to avoid litigation by, in the future, providing captioning or closed captioning of bonus material on major categories of DVDs they distribute over the next five (5) years, paying $275,000 to certain non-profit organizations dedicated to advocacy for deaf and hard-of-hearing persons, and paying attorneys’ fees and costs (including any incentive award to named plaintiff) up to $1,300,000 in exchange for the release of claims, as more fully specified in the settlement agreements.

 

YOU MAY BE A MEMBER OF THE SETTLEMENT CLASS. The proposed settlement affects and includes the following U.S. residents: (1) all persons with any hearing loss who, before April 27, 2006 (the “Class Period”), have purchased, rented or otherwise obtained a VHS, Laser Disk, DVD, or other home video product produced and/or distributed by any of the Settling Companies (“Home Video Product”), or on whose behalf such a Home Video Product was so obtained; and (2) all other persons who, within the Class Period, purchased, rented or otherwise obtained such a Home Video Product or on whose behalf such a Home Video Product was so obtained for use with or with the expectation that it contained captioning or closed captioning. To receive a more detailed summary of the terms and conditions of the settlement, visit www.dvdcclabelingclasssettlement.com.

 

YOU HAVE A RIGHT TO EXCLUDE YOURSELF FROM THE SETTLEMENT. Class members who have not expressly excluded themselves from the class will be bound by the settlement’s terms. To be excluded, you must submit a written request for exclusion that includes your name, address, telephone number and your desire to be excluded from the settlement class to The Garden City Group, Inc. at P.O. Box 91041, Seattle, WA 98111-9141, referencing “DVD ‘CC’ Labeling Class Settlement.” Your Exclusion Request must be POSTMARKED no later than midnight of July 14, 2006, or it will not be accepted. IF YOU DO NOT REQUEST TO BE EXCLUDED YOU WILL AUTOMATICALLY BECOME A MEMBER OF THE SETTLEMENT CLASS.

 

YOU HAVE A RIGHT TO OBJECT TO THE PROPOSED SETTLEMENT. If you do not exclude yourself from the settlement, you may object to the terms of the settlement by submitting a written objection to the Court, class counsel and the Settling Companies’ counsel. Your objection must be POSTMARKED no later than midnight of July 14, 2006, or it will not be considered by the Court. TO DOWNLOAD AN EXCLUSION REQUEST FORM OR TO LEARN MORE ABOUT HOW AND WHEN TO LODGE AN OBJECTION TO THE SETTLEMENT, VISIT www.dvdcclabelingclasssettlement.com.

 

A hearing to determine whether the Court should grant final approval of the settlement and the amount of any award of attorneys’ fees and costs (including any incentive award to named plaintiff) will be held before Judge Anthony J. Mohr, in Department 309, Central Civil West Courthouse, 600 S. Commonwealth Avenue, Los Angeles, California 90005, at 10:00 a.m. on August 28, 2006.

 

PLEASE DO NOT CALL THE COURT OR THE CLERK’S OFFICE.