Frequently Asked Questions

What is this lawsuit about?

The following battery manufacturers (also referred to on this page as “Settling Defendants”)

  • LG Chem, Ltd. and LG Chem America, Inc. (“LG Chem”)
  • Hitachi Maxell Ltd. and Maxell Corporation of America (“Hitachi Maxell”)
  • NEC Corporation (“NEC”)
  • Sony Corporation, Sony Energy Devices Corporation, and Sony Electronics Inc. (“Sony”)
  • Samsung SDI Co., Ltd. and Samsung SDI America, Inc. (“SDI”)
  • TOKIN Corporation (“TOKIN”)
  • Toshiba Corporation (“Toshiba”)
  • Panasonic Corporation, Panasonic Corporation of North America, SANYO Electric Co., Ltd., and SANYO North America Corporation (“Panasonic”)

have agreed to settlements resolving claims that they allegedly fixed the price of cylindrical lithium ion battery cells. Specifically, individuals and businesses may have paid more for certain products which contained these lithium ion cylindrical batteries.  Product categories include:

  • Portable computers
  • Cordless power tools
  • Cameras / camcorders
  • Audio players
  • Replacement batteries for these products

Purchasers of these products (or replacement batteries) are eligible for compensation in this $113 million legal settlement, provided that the purchase occurred:

  1. Within any U.S. state; AND
  2. Took place between January 1, 2000 and May 31, 2011

What is meant by “class action” litigation?

In a class action, one or more individuals, called named plaintiffs, file suit on behalf of others with similar claims, called the class or class members. These named plaintiffs represent and act on behalf of the class. This antitrust lawsuit has already been certified by the Court as a class action. This website has been created to inform you of the settlement and your rights in the litigation. The information on www.ReverseTheCharge.com is not an expression by the Court of any opinion as to the merits of any of the claims or defenses asserted by either side in this lawsuit.

How do I know if I’m eligible to be part of the settlement(s)?

You are eligible if:

  • You were a resident of the United States from January 1, 2000 to May 31, 2011 AND
  • You purchased for yourself (and not for resale) one of the products covered by the settlement (see list here) at any physical or online retailer.

Who represents me?

The Court has appointed the following lawyers as Class Counsel to represent you and all other members of the class:

Adam Zapala, Esq.
Cotchett, Pitre & McCarthy, LLP
San Francisco Airport Office Center
840 Malcolm Road, Suite 200
Burlingame, CA 94010
batteries@cpmlegal.com
Shana Scarlett, Esq.
Hagens Berman Sobol Shapiro LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
batteries@hbsslaw.com
Brendan P. Glackin, Esq.
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
lithiumbatteries@lchb.com

You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

How do I go to the hearing?

The Court will hold a Final Fairness Hearing at 2:00 p.m. on July 16, 2019, at the United States Courthouse, 1301 Clay Street, Courtroom 1, 4th Floor, Oakland, CA 94612.

You or your own lawyer may appear and speak at the hearing at your own expense, but you are not required to appear. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check www.ReverseTheCharge.com regularly or call 1-855-730-8645 for additional information. At this hearing, the Court will consider whether the Settlements are fair, reasonable, and adequate. If there are objections or comments, the Court will consider them at that time and may listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel or whether and how much to provide in service awards to Class representatives. At or after the hearing, the Court will decide whether to approve the Settlements. Please do not contact the Court about this case.

How do I exclude myself from the class or file an objection?

To exclude yourself from the Class, you must send a letter by mail stating that you want to be excluded from In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420, Indirect Purchaser Settlements. Your letter must also include:

  • Your name, address, and telephone number;
  • A statement saying that you want to be excluded from In re Lithium Ion Batteries Antitrust Litigation – All Indirect Purchaser Actions, MDL No. 2420, Indirect Purchaser Settlements; and
  • Your signature.

You must mail your exclusion request postmarked no later than May 28, 2019, to:

Lithium Batteries Indirect Purchaser Settlements
EXCLUSIONS
c/o Epiq
P.O. Box 10194
Dublin, OH 43017-3194

What is the difference between objecting and excluding myself?

Objecting is simply telling the Court that you do not like something about the settlement(s). You can object to the settlements only if you remain within the class (i.e. do not exclude yourself).
Excluding yourself from the settlements is telling the Court that you do not want to be part of the settlements. If you exclude yourself from the settlements, you have no basis to object to the settlements because they no longer affect you.

How do I file a claim and receive a payment?

To make a claim, simply complete the online claim form. It’s fast, easy, and takes less than 5 minutes. No proof of purchase is required. Payments will not be issued until the claim submission process has closed and the court has approved the final settlement. You will be notified when that happens so you can select a convenient payment option.

To mail your claim, please print this document and follow the instructions listed within.

IMPORTANT: All claims must either be submitted online by 11:59 p.m. Hawaii Time on July 19, 2019, or for mailed in claims, postmarked by July 19, 2019, in order to be considered valid.

How do I know if I successfully submitted a claim online?

You will see a confirmation page that says “Zap! Your claim has been received successfully!” along with your form details and unique Claim Identification Number once you complete the process. The Claim Identification Number will be required should you wish to edit your claim prior to the close of the claim period.

Other important notes:

  • We recommend printing or saving this page for your records. This is proof that your claim has been successfully submitted. You do not need to do anything else.
  • Our system sends a claim confirmation message to the email address entered within your claim. Please note that some email systems may place this message into your spam folder. Please make certain to accept all emails from the reversethecharge.com domain as we will be in touch after the claim submission process closes with important information about how to receive your claim payment.
  • If you do not receive a claim confirmation email, you may (as a precaution) attempt to re-file your claim on our website. However, our system will only allow one claim per email address;  if you receive notice that a claim already exists under your email address, then your original submission was successful.

I am a 3rd party claims firm, how do I make claims on behalf of my clients?

To ensure fairness and consistency in our claim process, the online claim form limits submissions to a single active claim per email address. However, we understand that 3rd party claims firms who make claims on behalf individuals and companies frequently wish to do so using a single email address. In order to manage such requests, we ask that 3rd party claims firms make a support request (choose “Register a 3rd party claims firm” option) to register themselves prior to making any claims. Once this request is received, our team will respond with instructions on how to execute claims on behalf of other parties on the same email address.

When will I receive payment?

This date is unknown at this time. You are encouraged to check www.ReverseTheCharge.com regularly for updates.

Though the settlement(s) close to new claimants on July 19, 2019, the payment distribution schedule must be requested by Plaintiffs’ lawyers and then approved by the Court. As such, payments may not occur until the settlements are final, including resolution of any appeals. Once finalized, all settlement funds that remain after payment of the Court-ordered attorneys’ fees, service awards, costs, and expenses will be distributed within 45 days of the final judgment (again, including resolution of any appeals), unless modified by the Court.

How will I receive payment?

Pending final approval from the Court, claimants who have filed valid and timely claims online will receive convenient digital payments, distributed directly into an online account of the claimant’s choosing (for example, an Amazon.com or PayPal.com account). Claimants who prefer to receive a physical check must submit a written request by July 19, 2019 to Lithium Batteries Indirect Purchaser Settlements, c/o Epiq, P.O. Box 10194, Dublin, OH 43017-3194.

How much will my payment be?

This amount is not known until all claims are received and the Court approves the final settlement. Since the total settlement payout is a fixed amount, the payment amount that you receive will be based on several factors, including:

  • The number of valid claims filed by all claimants; AND
  • The count of products purchased by all claimants

Regardless of how many claims are filed, no money will be returned to the Settling Defendants once the Court finally approves the settlements.

Am I able to receive a paper check?

By using digital payments exclusively, www.ReverseTheCharge.com eliminates the hassle and cost of paper check administration, printing, and mailing. As a result, a greater share of the settlement can be distributed to verified class members. Use the online claim form to register your claim. If you must receive a paper check because you cannot use instant digital payment, please submit a written request by July 19, 2019 to Lithium Batteries Indirect Purchaser Settlements, c/o Epiq, P.O. Box 10194, Dublin, OH 43017-3194.

I need to correct or update some information on my claim, how do I do this?

No problem! You are able to adjust claims filed online until the claim period closes at 11:59 p.m. Hawaii Time on July 19, 2019. To make a change you will need to file a support request.

How can I get more information?

For more Information about this case, call 1-855-730-8645 or you can always refer back to this website for the latest information and updates about this litigation and status on the settlement.