Saturday, August 19, 2006
Toshiba 5005 S504 - missed the opportunity
Toshiba 5005 Class Action Settlement Update .
December 3, 2005
while significant progress has been made in the handling of the claims administration there have been a number of "hickups" that have caused unnecessary and unreasonable delays for some of our class members. I am working diligently to try and smooth out these unfortunate hangups and continue to work, daily, on claims administration issues.
October 17, 2005
I know those of you who have submitted your computers to the claims administrator are wondering when your settlement funds will be issued. I have been advised by Rosenthal, the claims administrator, that they will be issuing checks on a weekly basis. Their turn-around time, from the day they receive your computer until they issue your check, should be approximately 10-14 business days. Both the first checks and first credits have already been issued. The process is continuing, and thank you for your patience.
September 20, 2005
I have just been advised by Rosenthal & Co. that 80% of the checks have now been mailed. Despite the earlier statements, to me, that the funds had been sent on September 9, 2005, it now appears the majority, if not ALL, of the checks, were being sent TODAY. This error, I have been advised, was not caused by Toshiba, but was an administrative error at Rosenthal & Co. In any event here are the current statistics: 1) 80% of the settlement funds are now in the mail 2) 10% of the boxes have been distributed the remaining 90% should be out by the Friday 3) there are approximately 2000 claims that have a problem. Most simply don't have the signature of the class member. Letters are being sent out, this week, advising those class members about the problem and what they need to do in order to remedy the situation. I will continue to keep you updated on the status of the settlement process. Paul Kiesel, Esq.
September 19, 2005
I was startled to learn today, despite the assurances I had previously received from Rosenthal & Co., that all of the settlement checks had been sent out approximately September 9, the facts seem to suggest otherwise. Needless to say I am very unhappy, as I know many of you are as well. There is simply no, and I mean NO, excuse for any further delays. I have requested specific information about when the settlement checks were sent, how many were sent, and how many remain to be distributed. Further those of you who requested the return and test option should have received boxes for shipping and, if not, you should receive these boxes immediately. Please feel free to monitor this page for further updates. My sincere apology to all of you who have waited so patiently for receipt of your settlement funds. Paul Kiesel, Esq.
September 7, 2005
I was advised by Rosenthal & Co. there was a slight delay in the issuance of checks for those requesting the $500 cash settlement option. The checks should be sent out on Friday, September 9th. Should there be any change in that I will post a new update. I am also attempting to find out when the Claims Administrators will send out packing boxes for those of you selecting the testing and return option. As always thanks for your continued patience and support.
August 23, 2005
Rosenthal & Co., the claims administrators, are in the process of finalizing claims received prior to the cut off of June 27, 2005. I have been assured that Rosenthal will be issuing the first series of $500 checks by August 31, 2005. Approximately 7000 class members will be in this first round of payments. Please allow approximately 14 days for you to receive the actual check.If you were eligible to participate in the $1000 or $1500 credit voucher category Rosenthal will be shipping you a box to package your computer and return to them. The turnaround time between sending in your computer and the issuance of a check or credit should be no more then approximately 10 to 14 days. I will continue to keep everyone advised on the progress of the settlement process.Should you have any questions as to whether or not your claim was actually received and processed by Rosenthal & Co. he should contact them at 800.211.5201.
July 27, 2005
The time to submit claims to participate in this class action ENDED on June 27, 2005. Unfortunately, if you have not previously submitted a claim to participate in the class action settlement you are now PREVENTED from doing so. For those of you who submitted a claim to Rosenthal & Co. the claims administrators, here's what's happening. After the claim period ended Rosenthal is going through the process of verifying which claims fall into the significant impairment and those which fall into the severe impairment level. As for the significant impairment group it is anticipated the accepted claims will be paid the $500 by the end of August. The warranty, however, IS IN EFFECT as of July 15, 2005. Therefore, if you require warranty repairs the Toshiba Authorized Repair Facilities are now in a position to perform those repairs, at no cost to you, for the next 18 months. Finally, for those who submitted claims for the $1,000 or $1,500 voucher category, it will take a bit more time as the logistics for the return, testing and payment on these machines is implemented. I will continue to keep everyone updated as information becomes available. Again my sincere thanks to you all for your patience, understanding and confidence.
May 2, 2005
I am very pleased to report on April 25, 2005, Judge Carolyn Kuhl approved the final settlement of the Toshiba class-action involving the 5005 satellite computer. To date, thousands of 5005 owners have submitted their claims to Rosenthal & Company, the claims administrator in charge of processing settlement claims. If you have not previously submitted a claim, either electronically or by submitting a "paper" claim form, you have only until June 27, 2005 to do so. Should you fail to file a claim with the claims administrator before June 27, 2005 you will lose your right to participate in the settlement and forever forfeit your right to obtain a recovery in this action.
For those of you who have already submitted claims forms, processing of claims will BEGIN shortly after June 27, 2005. Pursuant to the terms of the Settlement Agreement -- those individuals who have chosen to receive a payment of $500 -- you should anticipate the settlement funds will begin being distributed just after the claim period ends in July, just a few short months from now. Your warranty extension will become effective at that time as well. For those class members who have selected to have their machines tested by the independent testing facility you will be instructed on how to have your machines shipped to Toshiba shortly after June 27, 2005. You will be provided with specific shipping instructions as well as shipping materials for use in sending your computer to the testing facility. As always, should you have any specific questions about the claims administration process, please call the claims administrator, Rosenthal & Company, at their toll-free number 1-800-207-0343 or feel free to send me an e-mail.
Congratulations to you all. It has been an honor and a privilege to represent the members of this class action.
December 3, 2005
while significant progress has been made in the handling of the claims administration there have been a number of "hickups" that have caused unnecessary and unreasonable delays for some of our class members. I am working diligently to try and smooth out these unfortunate hangups and continue to work, daily, on claims administration issues.
October 17, 2005
I know those of you who have submitted your computers to the claims administrator are wondering when your settlement funds will be issued. I have been advised by Rosenthal, the claims administrator, that they will be issuing checks on a weekly basis. Their turn-around time, from the day they receive your computer until they issue your check, should be approximately 10-14 business days. Both the first checks and first credits have already been issued. The process is continuing, and thank you for your patience.
September 20, 2005
I have just been advised by Rosenthal & Co. that 80% of the checks have now been mailed. Despite the earlier statements, to me, that the funds had been sent on September 9, 2005, it now appears the majority, if not ALL, of the checks, were being sent TODAY. This error, I have been advised, was not caused by Toshiba, but was an administrative error at Rosenthal & Co. In any event here are the current statistics: 1) 80% of the settlement funds are now in the mail 2) 10% of the boxes have been distributed the remaining 90% should be out by the Friday 3) there are approximately 2000 claims that have a problem. Most simply don't have the signature of the class member. Letters are being sent out, this week, advising those class members about the problem and what they need to do in order to remedy the situation. I will continue to keep you updated on the status of the settlement process. Paul Kiesel, Esq.
September 19, 2005
I was startled to learn today, despite the assurances I had previously received from Rosenthal & Co., that all of the settlement checks had been sent out approximately September 9, the facts seem to suggest otherwise. Needless to say I am very unhappy, as I know many of you are as well. There is simply no, and I mean NO, excuse for any further delays. I have requested specific information about when the settlement checks were sent, how many were sent, and how many remain to be distributed. Further those of you who requested the return and test option should have received boxes for shipping and, if not, you should receive these boxes immediately. Please feel free to monitor this page for further updates. My sincere apology to all of you who have waited so patiently for receipt of your settlement funds. Paul Kiesel, Esq.
September 7, 2005
I was advised by Rosenthal & Co. there was a slight delay in the issuance of checks for those requesting the $500 cash settlement option. The checks should be sent out on Friday, September 9th. Should there be any change in that I will post a new update. I am also attempting to find out when the Claims Administrators will send out packing boxes for those of you selecting the testing and return option. As always thanks for your continued patience and support.
August 23, 2005
Rosenthal & Co., the claims administrators, are in the process of finalizing claims received prior to the cut off of June 27, 2005. I have been assured that Rosenthal will be issuing the first series of $500 checks by August 31, 2005. Approximately 7000 class members will be in this first round of payments. Please allow approximately 14 days for you to receive the actual check.If you were eligible to participate in the $1000 or $1500 credit voucher category Rosenthal will be shipping you a box to package your computer and return to them. The turnaround time between sending in your computer and the issuance of a check or credit should be no more then approximately 10 to 14 days. I will continue to keep everyone advised on the progress of the settlement process.Should you have any questions as to whether or not your claim was actually received and processed by Rosenthal & Co. he should contact them at 800.211.5201.
July 27, 2005
The time to submit claims to participate in this class action ENDED on June 27, 2005. Unfortunately, if you have not previously submitted a claim to participate in the class action settlement you are now PREVENTED from doing so. For those of you who submitted a claim to Rosenthal & Co. the claims administrators, here's what's happening. After the claim period ended Rosenthal is going through the process of verifying which claims fall into the significant impairment and those which fall into the severe impairment level. As for the significant impairment group it is anticipated the accepted claims will be paid the $500 by the end of August. The warranty, however, IS IN EFFECT as of July 15, 2005. Therefore, if you require warranty repairs the Toshiba Authorized Repair Facilities are now in a position to perform those repairs, at no cost to you, for the next 18 months. Finally, for those who submitted claims for the $1,000 or $1,500 voucher category, it will take a bit more time as the logistics for the return, testing and payment on these machines is implemented. I will continue to keep everyone updated as information becomes available. Again my sincere thanks to you all for your patience, understanding and confidence.
May 2, 2005
I am very pleased to report on April 25, 2005, Judge Carolyn Kuhl approved the final settlement of the Toshiba class-action involving the 5005 satellite computer. To date, thousands of 5005 owners have submitted their claims to Rosenthal & Company, the claims administrator in charge of processing settlement claims. If you have not previously submitted a claim, either electronically or by submitting a "paper" claim form, you have only until June 27, 2005 to do so. Should you fail to file a claim with the claims administrator before June 27, 2005 you will lose your right to participate in the settlement and forever forfeit your right to obtain a recovery in this action.
For those of you who have already submitted claims forms, processing of claims will BEGIN shortly after June 27, 2005. Pursuant to the terms of the Settlement Agreement -- those individuals who have chosen to receive a payment of $500 -- you should anticipate the settlement funds will begin being distributed just after the claim period ends in July, just a few short months from now. Your warranty extension will become effective at that time as well. For those class members who have selected to have their machines tested by the independent testing facility you will be instructed on how to have your machines shipped to Toshiba shortly after June 27, 2005. You will be provided with specific shipping instructions as well as shipping materials for use in sending your computer to the testing facility. As always, should you have any specific questions about the claims administration process, please call the claims administrator, Rosenthal & Company, at their toll-free number 1-800-207-0343 or feel free to send me an e-mail.
Congratulations to you all. It has been an honor and a privilege to represent the members of this class action.
# posted by NDR @ 5:26 PM 
