"If you bought a Bluetooth headset between June 30, 2002 and February 19, 2009, the settlement of a class action lawsuit may affect your rights." And if you want to know why your instruction manuals are overwhelmed with worthless wacky warnings, the settlement of this class action lawsuit may explain why.
Overlawyered has covered other ridiculous failure-to-warn-of-hearing-loss consumer-fraud lawsuits, but missed this one filed by the Garcia Law Firm, which was eventually consolidated with twenty-six other lawsuits against Motorola, Plantronics, and GN Netcom (which makes "Jabra" headsets) alleging that the insufficiently advertised risk of hearing loss from turning the volume up too high on a Bluetooth headset was consumer fraud meriting damages, yadda yadda, because, without a wacky warning, people might not know that loud sounds can cause hearing loss.
The settlement is remarkable: the defendants are spending approximately $1.2 million to give notice of the settlement that offers $0 to the class. That's, right $0. There's a total $100,000 cy pres award to four charities selected by the plaintiffs, and the manufacturers agree to provide a wacky warning that "Exposure to loud noise from any source for extended periods of time may temporarily or permanently affect your hearing." Only lawyers like warnings like this. Such warnings make the rest of us worse off; when people see so many warnings "crying 'wolf,'" it inures them to meaningful warnings.
In return, the trial lawyers are going to ask for up to $850,000 in fees and costs—a remarkable infinite-percentage attorneys' fee. Nine representative plaintiffs will ask the court for a total of $12,000 in "incentive" payments.
On June 3, CCAF filed filed an objection on behalf of seven clients.
And anyone in Los Angeles July 6 who wants to watch the hearing, please join in the fun. I've got my plane ticket.
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