Top Class Actions  |  November 9, 2021

Category: Closed Class Actions

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capacitor in electronic device - capacitors indirect purchaser settlement - capacitors class action

A $300,000 settlement deal has been secured in a capacitors indirect purchaser class action lawsuit alleging antitrust activity between Panasonic, Sanyo, and their supposed competitors, bringing the total overall settlement amount to about $81 million.

The most recent settling defendants are Shinyei Kaisha, Shinyei Technology Co. Ltd., Shinyei Capacitor Co. Ltd., Shinyei Kaisha Electronics (M) SDN. BHD., Shinyei Corp. of America and Taitsu Corp. The settlement concerns components called capacitors that store electric charges between conductors separated by an insulator. Capacitors are found in most electronic devices including computers, home appliances, and cellphones.

The Class in the most recent capacitors antitrust lawsuit settlements is made up of any person or entity in the “Indirect Purchaser States” — California, Florida, Michigan, Minnesota, Nebraska, and New York — who, between Jan. 1, 2002, to Feb. 28, 2014, purchased one or more capacitor(s) from a distributor (or from an entity other than one of the defendant) that a defendant or alleged co-conspirator manufactured.

Other related class action settlement agreements include Class Members who purchased capacitors from NEC TOKIN, Okaya, Nitsuko, Hitachi, and others.

The capacitor indirect purchasers class action lawsuit was a part of extensive litigation filed over claims that myriad electronics companies conspired to keep the price of the devices high for direct and indirect purchasers alike.

According to the plaintiffs, capacitors are vital to any electronic device. Manufacturers took advantage of this necessity and worked to stifle competition, driving up the cost of electronics, contended multiple class action lawsuits.

In addition to the capacitors indirect purchasers lawsuits, the federal government has reportedly started its own investigation. Eight manufacturers came away with federal charges as a result of the antitrust investigation.

A larger settlement was negotiated between the indirect purchasers and electronic companies in June 2019. The most recent capacitor indirect purchaser class action lawsuit settlement will add $300,000 million to that total.

All defendants actively litigating this case have now reached settlements.

Capacitors Antitrust Class Action Lawsuit Settlement Benefits

After attorneys’ fees and other expenses are paid, Class Members will receive a proportionate share of the capacitors indirect purchaser settlement fund.

The amount of each Class Member’s payment is not known at this time, but will be based on several factors, such as the number of claims filed and the dollar value of each Class member’s purchase in proportion to the total claims filed.

Class Members must file a valid claim form in order to receive a payment.

If the Class Member filed a claim in response to previous notices and made their qualifying purchases in California, Florida, Michigan, Minnesota, Nebraska, or New York, they do not need to submit another claim.

Those who did not previously submit a claim form must submit one online or by mail, along with the requested supported documentation.

A final approval hearing will be held March 24, 2022.

The deadline for Class Members to opt out of or object to the capacitors indirect purchaser antitrust lawsuit settlement is Feb. 18, 2022.

The deadline to file a claim is also Feb. 18, 2022.

Who’s Eligible

Class Members in the larger Capacitor class action settlement include those who purchased Electrolytic Capacitors from a distributor or one of the defendants between April 1, 2002 and Feb. 28, 2014.

A second set of Class Members includes those who purchased a Film Capacitor from a distributor or defendant between Jan. 1, 2002 and Feb. 28, 2014.

Only Class Members from certain states are eligible for a cash payment. A list of these states is available on the settlement website.

Potential Award

To be determined. 

The amount of each Class Member’s payment is not known at this time, but will be based on several factors, such as the number of claims filed and the dollar value of each Class member’s purchase in proportion to the total claims filed.

Proof of Purchase

The supporting documentation must be legible and must include the product name, type of capacitor purchased, name of the defendant manufacturer, number of units, date of purchase, distributor purchased from, and net purchase amount. Do not send originals.

For some Class Members and purchases, the settlement administrator received purchase information from certain distributors. This information can be used to complete the claim form with no requirement for providing further proof of purchase(s). However, the administrator did not receive data from all distributors regarding Class Members’ capacitor purchases. To determine whether known capacitor purchase information can be used for your claim, contact the
administrator and reference the “Notice ID” number on the notice postcard you received.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/18/2022

Case Name

In re: Capacitors Antitrust Litigation, Case No. 3:14-cv-03264, in the U.S. District Court for the Northern District of California

Final Hearing

03/24/2022

Settlement Website
Claims Administrator

Capacitors Indirect Case
Settlement Administrator
c/o A.B. Data Ltd.
P.O. Box 173020
Milwaukee, WI 53217
1-866-217-4245

info@CapacitorsIndirectCase.com

Class Counsel

Adam J. Zapala
COTCHETT PITRE & MCCARTHY LLP

Defense Counsel

Thomas Mueller
WILMER CUTLER PICKERING HALE AND DORR LLP

Bonnie Lau
DENTONS US LLP

Michael E. Martinez
K&L GATES LLP

Jeffrey Kessler
WINSTON & STRAWN LLP

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47 thoughts onCapacitors Indirect Purchaser Class Action Settlement

  1. Big D says:

    Any new updates to when distribution will start? Thanks.

    1. HopingforSOMEthing says:

      I called and he vaguely told me “hopefully by February.” But who knows.
      You can see your approve purchase amount in the court docs but not payment amounts. Super frustrating.

      1. Big D says:

        Thank you for that info.

  2. You Cant Fool Me says:

    lol… These MF’er settlement admins are trying to pull a fast one… I got a deficiency notice too saying that i didnt submit proof of purchase.. I DID submit proof of purchase when I filed online and they said that I didnt… LOL…

    they are PURPOSEFULLY trying to deny everyone so they can keep the money for themselves… Slimy pieces 0f $h.!ts, they are…

    1. Joseph Blanchard says:

      Check out the website claim ids and approved amounts on there as of November 17

      1. NowHerrick says:

        Where? I can’t find that info any place on the website.

        1. Whatever says:

          I see where there are approved purchase amounts but NOT payment amounts. I called and the guy said if I haven’t gotten anything from them by February, to call back for an update. He couldn’t tell me anything about how much the payment will be.

          1. Becky R says:

            They told me February also. And claimed to have no knowledge of payment percentage.

  3. meonly asking says:

    Am i the not that received mail from them today?

    1. J says:

      Not sure what u are asking but I have in my informed delivery scan a pic of an envelope from “capacitors indirect case”. Have to go to post office to get my mail so it will be awhile. Anyone get the same? Is it a check (how much?) Or a rejection letter? Any replies appreciated.

      1. meonly asking says:

        Did you pick up your mail?

        1. J says:

          No, did u get the same?

      2. George says:

        Whatever the payout, you can rest assured that the amount will not even cover the cost of the petrol required to get you to the post office.

  4. Todd Smith says:

    I bought $5,000+ in capacitors during that timeframe. I have asked several times when is the payout and what % to claimant. No reply!

    1. imwaitingtoo says:

      try contacting the class counsel Adam J. Zapala…

      they might tell you. be sure to update us on here

  5. George says:

    I do not know anyone who bothered to file a claim. The claim form stating that I purchased $5 worth of capacitors came in the mail despite my demand that the administrators (AB-Data) cease contacting me. I do not think there was ever a cent paid out.

  6. Phred says:

    I find it strange that this is still going on. I got the notice back in 2017. I was not even living in the USA at the time. They sent the postcard to my brothers house addressed to me. I called and told them that I do not like being stalked and want my name removed from the class member roster. About a year later they sent me a claim form with my name and my brother’s address filled in. It also stated that I had purchased $5.33 worth of capacitors back in 2009 or so. I again asked to be removed completely.

    Why do they think I am going to spend 65 cents on a stamp to send back a claim form for a promise of about 4 cents?

    If any of you get a check, please tell us how much you spend on capacitors, and how much you got.

  7. Bobbie says:

    LEGAL NOTICE

    If You Bought a Film Capacitor From Distributors Since 2002

    You Could Get Money From New Settlements Reached in Litigation
    Defendants Shinyei Kaisha, Shinyei Technology Co., Ltd., Shinyei Capacitor Co., Ltd., Shinyei Kaisha Electronics (M) SDN. BHD., and Shinyei Corporation of America (“Shinyei”) and Taitsu Corp. (“Taitsu”) (collectively, “Settling Defendants”) have agreed to Settlements resolving claims that they allegedly fixed the prices of film Capacitors. This may have caused individuals and businesses to pay more for Capacitors. Capacitors are electronic components that store electric charges between one or more pairs of conductors separated by an insulator. IF YOU ALREADY SUBMITTED A CLAIM FORM IN RESPONSE TO PREVIOUS NOTICES AND YOU MADE YOUR QUALIFYING PURCHASES IN ONE OF THE RELEVANT STATES FOR PURPOSES OF THESE SETTLEMENTS, THEN YOU DO NOT NEED TO SUBMIT ANOTHER CLAIM FORM.
    Am I Included?
    You may be included in the new Settlements if, from January 1, 2002, through February 28, 2014, you purchased one or more film Capacitors in California, Florida, Michigan, Minnesota, Nebraska, or New York from a distributor (or from an entity other than a Defendant) that a Defendant or alleged co-conspirator manufactured. “Indirect,” as that term is used below, means that you bought the product from someone other than the manufacturer, for example, from a distributor. A more detailed notice, including the exact Class definitions and exceptions to Class membership, is available at http://www.capacitorsindirectcase.com.
    What do the Settlements provide?
    The newly reached Settlements provide for a combined payment of $300,000 in cash.
    How can I get a payment?
    Payments from the Settlements will not be distributed until the Court grants final approval of the Settlements, any objections or appeals are resolved, and all claims have been processed and verified. Updates will be provided on the Settlements’ website at http://www.capacitorsindirectcase.com.
    What are my rights?
    If you do nothing, you will be bound by the Court’s decisions concerning these Settlements. If you want to keep your right to sue one or more of the Settling Defendants regarding Capacitor purchases, you must exclude yourself in writing from the Classes by February 18, 2022. If you do not exclude, if you believe it is appropriate, you may object in writing to the Settlements by February 18, 2022. The Settlement Agreements, along with details on how to exclude yourself or object, are available at http://www.capacitorsindirectcase.com. The U.S. District Court for the Northern District of California will hold a hearing on March 24, 2022, at 10:00 a.m., at 450 Golden Gate Avenue, 19th Floor, Courtroom 11, San Francisco, CA 94102 to consider whether to finally approve the Settlements. The Court has appointed the law firm of Cotchett, Pitre & McCarthy, LLP as Class Counsel to represent Indirect Purchaser Class members. In connection with this round of settlements, Class Counsel will not be requesting an award of attorneys’ fees. You or your own lawyer may appear and speak at the hearing at your own expense, but you don’t have to. The hearing may be conducted virtually or moved to a different date or time without additional notice, so it is a good idea to check the above-noted website for additional information. Please do not contact the Court about this case.
    For More Information: 1-866-217-4245 http://www.capacitorsindirectcase.com

  8. Bobbie says:

    I received an email about this one tonight.

  9. D. Carter says:

    TCA any updated on distribution

    1. George says:

      The case was finished nearly two years ago. As far as I know there was no payout to the consumer.

  10. Melissa says:

    Phred, there is contact information provided so you can get updates on case and date ofdistribution. Just saying…

    1. Phred says:

      I am simply pointing out facts to the readers. I am not interested in spending 65 cents on a stamp to claim a check for a nickel.

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