When can I expect to receive my benefits?

Why haven’t I been able to use my E-Store code?

When will this proposed settlement become final?

What was this lawsuit about?

Who was eligible to participate in this settlement?

Do I have to participate in this settlement – can I exclude myself?

Can I object to the proposed Settlement Agreement and what is the deadline to object?

What happens if I remain a class member?

How long do I have to file a Claim Form?


When can I expect to receive my benefits? (top)

All appeals have been resolved. If you have not already received your benefit information, settlement benefits will be distributed in May and June. The E- Store codes will be activated on June 20, 2007. For class members who elected the alternate benefit of cash, such benefit will be distributed prior to the E-Store codes being activated.

Why haven’t I been able to use my E-Store code? (top)

All appeals have been resolved. The E- Store codes will be activated on June 20, 2007. For class members who elected the alternate benefit of cash, such benefit will be distributed prior to the E-Store codes being activated.

When will this proposed settlement become final? (top)

On August 15, 2006, the Court held a Fairness Hearing at which time it approved the Settlement and awarded Class Counsel attorneys’ fees. On October 23, 2006, the Court entered the Judgment in this matter and issued an order granting final approval of the Settlement and application for attorneys’ fees. All appeals have been resolved and the settlement is now final.

What was this lawsuit about? (top)

The Settlement resolves a class action lawsuit filed in California and other state courts. Plaintiffs assert claims against Epson America, Inc. (“EAI”) based on various legal theories, including breach of contract, breach of implied warranties, unjust enrichment, fraudulent concealment, violations of California Business and Professions Code Sections 17200, et seq., and violations of the California Consumers Legal Remedies Act, California Civil Code Sections 1750, et seq., relating to the performance and other characteristics of Epson inkjet printer cartridges. Among other things, Plaintiffs allege that Epson inkjet printers and inkjet cartridges indicate that cartridges are “empty” and suspend printer function, even though substantial ink remains. EAI has denied and continues to deny the claims and any wrongdoing, but has decided to settle to avoid the cost and inconvenience of litigation. The Court has not issued any rulings about the validity of the claims.

Who was eligible to participate in this settlement? (top)

The “Settlement Class” certified by the Court for settlement purposes is defined as all persons, sole proprietorships, partnerships, corporations or any other entities located within the 50 United States and the District of Columbia who, on or after April 8, 1999 and through May 8, 2006: (i) purchased, leased or otherwise received any Epson inkjet printer (“Epson InkJet Printer”) (specifically including, but not limited to, Epson Stylus printers (desktop and photo models), PictureMate printers and Epson Pro model printers(ProGraphics printers, large format printers and proofing printers) but excluding Epson branded point of sale receipt printers); and who (ii) purchased, utilized or otherwise received any inkjet cartridge for an Epson InkJet Printer (“Epson Ink Cartridge”). A complete list of qualifying printers is available on this website. Excluded from the class are EAI, any person or entities who distribute, sell or service Epson InkJet Printers, and their parents, subsidiaries, affiliates, employees, officers and directors. Also excluded from the class is any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staff. A “Settlement Class Member” means a person and/or entity who falls within the definition of the Settlement Class.

Do I have to participate in this settlement – can I exclude myself?  (top)

The deadline to exclude yourself has passed. Any request to be excluded from the Settlement Class needed to be made in writing and mailed, postage prepaid and postmarked no later than June 7, 2006, to the Claims Administrator.

Can I object to the proposed Settlement Agreement and what is the deadline to object?  (top)

The deadline to object has passed. Any objections needed to be made in writing and such objections and proof of Settlement Class Membership needed to be mailed or delivered postmarked no later than June 23, 2006.

What happens if I remain a class member?  (top)

If you are a Settlement Class Member and did not exclude yourself from the Settlement Class by the above deadline, you will be bound by the Judgment entered on October 23, 2006 with respect to the Settlement, you will be deemed to have released any and all claims against EAI as set forth in the Notice and you will not be able to file a separate claim against EAI based on the facts and circumstances which are the subject of the release in the Action.

How long do I have to file a Claim Form? (top)

The deadline for filing a claim form has passed; it needed to be postmarked no later than June 22, 2006.