Taylor v Palm, Inc.
Class Action Suit Forces Palm to Replace Dead PDA's
If you owned a Palm Personal digital assistant model m100, m105, or m125 ("palm PDA") manufactured by PalmOne, Inc. (formerly Palm, Inc.), this information may be important to you.
A proposed settlement has been reached in a lawsuit in which plaintiff claims that: (a) the palm PDAs may be defective in that they sometimes lose data during the process of replacing batteries even when the user follows palm's recommended procedure; and (b) palm allegedly communicated and/or failed to communicate and disclose certain facts and circumstances in connection with data loss.
As part of the settlement, palm has agreed to exchange, at palm's expense, the palm PDA of any owner who: (a) returns the allegedly defective palm PDA; (b) provides a sworn statement that the owner lost data while replacing batteries in accordance with palm's recommended battery replacement procedure; and (c) provides adequate claim documentation (as described in the Claim Form) and proof of membership in the class.
The replacement unit will be a new or refurbished unit of the same or a higher model. palm reserves the right to inspect any palm PDA submitted as part of this settlement. If palm's records or its inspection of the palm PDA show that the cause of data loss during the battery exchange process is due to abuse, mishandling, or misuse of the palm PDA, the claim may be denied.
Claims must be submitted on the Claim Form provided below, and must be submitted within six months after Final Approval (subject to change by the Court). No Settlement Class Member may submit more than one (1) claim with respect to each palm PDA owned by the Settlement Class Member, each claim must relate to a separate palm PDA unit, and only one claim will be accepted for any one PDA. All claims are subject to verification and validation by palm. Claims will not be processed until after Final Approval.
