Orbit Baby Settlement
Processed by Dahl Administration
If (a) you purchased a new Orbit Baby, Inc. infant or toddler car seat between April 26, 2012 and February 23, 2018 (the “Class Period”) while residing in the State of California and (b) you have not yet received a full monetary refund from Orbit Baby, Inc. for your purchase(s) during the Class Period, you may be a member of the Settlement Class.
The lawsuit that is being settled is entitled Kopin v. Orbit Baby, Inc. and The ERGO Baby Carrier, Inc., Alameda County Superior Court Case No. RG16813239. The case is a “class action.” That means that the Named Plaintiff, Jordana Lee Kopin, is an individual who represents all members of the class described in this Notice.
In the lawsuit, Plaintiff asserts claims against Orbit Baby, Inc. and The ERGO Baby Carrier, Inc. (“Defendants”) for alleged deceptive and misleading representations that Orbit Baby, Inc. infant and toddler car seat products (including the Orbit Baby, Inc. stroller system, car seat, bassinet, travel system, and including the individual components or accessories for each product) are free of certain types of chemicals, such as brominated and chlorinated flame retardants or other unsafe chemicals. Defendants deny all of Plaintiff’s allegations in the lawsuit, and deny that they did anything wrong.
The Settlement Agreement provides that Defendants will pay $995,000.00 to a Settlement Fund for Class Members. This amount includes allocations for: (i) settlement payments to members of the Settlement Class; (ii) class representative service award for Plaintiff Kopin in an amount up to $7,500.00 to be requested from the court, (iii) all costs incurred by the Claims Administrator not to exceed $52,000.00 to be requested from the Court; and (iv) Class Counsel’s attorneys’ fees and costs to be requested from the Court of up to thirty-three percent (33%) of the Settlement Fund (i.e., $328,350.00) and up to $35,000.00 in costs.
At the Final Approval Hearing, the Court will be asked to approve the amount of the class representative service award, costs incurred by the Claims Administrator, and amount of attorneys’ fees and costs. Class Counsel will file an application for fees and costs which the Court will review. The Court will decide whether to give final approval to the settlement at a hearing scheduled for June 15, 2018 at 11:00 a.m. in Department 21 of the Alameda Superior Court, located at 1225 Fallon Street, Oakland, California 94612.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
|Submit a Claim Form by May 7, 2018||
If you received a mailed or e-mailed Notice and wish to receive a settlement payment based on the number of Orbit Baby, Inc. infant and/or toddler car seat unit(s) reflected for you in Defendants’ record, you do not need to do anything.
If you did not receive a Notice, or have additional Orbit Baby, Inc. infant and/or toddler car seat unit(s) beyond what was listed in your Notice, you must submit a Claim Form and proof of purchase in order to receive a settlement payment.
If you do not make a timely claim, you will not receive a settlement payment. You will remain a Class Member and release your claims against Defendants even if you do not make a timely claim and do not receive a settlement payment.
A claim form is available here.
|Ask to be Excluded by May 7, 2018||
If you do not want to receive a payment, or if you want to keep any right you may have to sue Defendants for the claims alleged in this lawsuit, then you must exclude yourself or “opt out.” You can use the Request for Exclusion form provided on this website or send a letter which states that you wish to be excluded from the settlement in the Kopin v. Orbit Baby, Inc. class action. Be sure to include your name, address, telephone number, and email address.
If you opt out of the settlement, you will preserve and not give up any of your rights to sue Defendants for the claims alleged in the lawsuit. If you opt out, you will not be entitled to a payment from this settlement. If you opt out, you will not be entitled to object to the settlement.
More detailed information about requesting to be excluded is available here.
|Submit an Objection by May 7, 2018||
If you are a Class Member, and you do not exclude yourself from the Settlement Class (opt out), you may object to the settlement before final approval of the Settlement by the Court. If you choose to object to the settlement, you may enter an appearance in propria persona (meaning you choose to represent yourself), or through an attorney that you hire and pay for yourself. To object, you must file a written document with the Court and also send a copy of your objection to the Claims Administrator. Your objection should say that you are a Class Member; that you object to the settlement; and the reasons why you object. In your objection, you must include your name, address, telephone number, email address and your signature.
More detailed information about submitting an objection is available here.
To learn more about the terms of the proposed settlement, your options, and how your legal rights may be affected, please review the Detailed Notice, Settlement Documents and answers to the Frequently Asked Questions provided on this website.