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This settlement is closed!
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UPDATE:
- A judge granted final approval to this settlement April 19, 2021.
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Duracell will pay $2.2 million to settle claims certain models of its Durabeam Ultra LED flashlights drain batteries even while turned off.
Consumers who purchased packages of Durabeam Ultra LED flashlights, model 350L, with date codes of 1533, 1534, or 1535, on or before Oct. 23, 2015, that were manufactured by Techomate and sold at Costco may benefit from the Durabeam flashlight settlement.
Class Member payment amounts will depend on the number of claims but are expected to be about $6 to $8 per three-pack of Durabeam flashlights purchased.
Plaintiffs in a class action lawsuit had alleged Duracell violated the consumer protection laws and committed breach of warranty after batteries in the Durabeam flashlights drained prematurely.
According to the complaint, the batteries would drain even when the Durabeam flashlight was in the “off” position.
The plaintiff maintained the product did not have its advertised operation time and often failed to turn on or dimmed out within seconds after being stored, out of use, for “30 days or less.”
As a result of the alleged defect, the plaintiff claimed, “consumers who trusted the DURACELL brand and counted on their LED flashlights to work are being literally left in the dark, just when they need their flashlights most” — in situations such as natural disasters, power outages, or vehicle trouble.
In such times, “having immediate access to a working flashlight, with batteries holding their full charge, can be essential for having a bright light to save oneself and one’s family,” the complaint said.
Before the plaintiff filed their class action lawsuit, U.S. consumers allegedly already had been complaining about the Durabeam flashlight’s battery drain issue, so the company knew or should have known about the defect.
In fact, the class action lawsuit said, in light of the complaints, the defendants — Duracell, Costco and Techonomate/Pro-Tek, changed the marketing on the packaging of certain “subsequent, nondefective models” of Duracell flashlights to read “Eliminates power drain of batteries in off position” and “NO BATTERY DRAIN IN OFF POSITION.”
According to the plaintiff, these new representations revealed “explicit admissions by the Defendants of their knowledge of the rapid parasitic battery drain defect in the previous Duracell-branded LED model 350L bearing date codes 1533, 1534 and/or 1535 — and utilizing the known defect in those flashlights to further profit by promoting consumer purchases of Duracell-branded non-defective flashlights … .”
However, despite the fact the defendants were aware of the issue, they made no attempt to notify consumers or recall the product, the complaint said.
Duracell has denied any allegations of wrongdoing but has agreed to a settlement to bring an end to the claims.
Some Class Members have been identified as “Automatic Payment Recipients.” These are customers who were identified by Costco records as having bought Durabeam flashlights on or before Oct. 23, 2015.
Automatic Payment Recipients do not need to submit a claim form in order to receive a payment.
Class Members not identified as being eligible to receive an automatic payment may submit their claim online or postmarked by Jan. 27, 2021. The deadline to opt out of or object to the settlement is also Jan. 27.
A final hearing is set for April 1, 2021.
Who’s Eligible
Consumers who purchased packages of Durabeam Ultra LED flashlights, model 350L, with date codes of 1533, 1534, or 1535, on or before Oct. 23, 2015, that were manufactured by Techomate and sold at Costco.
Potential Award
$6 to $8.
- Class Member payment amounts will depend on the number of claims but are expected to be about $6 to $8 per three-pack of Durabeam flashlights purchased.
Proof of Purchase
N/A
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
01/27/2021
Case Name
Siddle, et al. v. The Duracell Co., et al., Case No. 4:19-cv-00568 in the U.S. District Court for the Northern District of California
Final Hearing
04/01/2021
Settlement Website
Claims Administrator
Flashlight Settlement
c/o Postlethwaite & Netterville
P.O. Box 2790
Baton Rouge, LA 70821
1-844-475-0393
claims@flashlighsettlement.com
Class Counsel
Timothy P. Rumberger
LAW OFFICES OF TIMOTHY P. RUMBERGER
Defense Counsel
Krista M. Enns
Reed Lyon
David S. Almeida
Mark S. Eisen
BENESCH FRIEDLANDER COPLAN & ARONOFF LLP
Read About More Class Action Lawsuits & Class Action Settlements:
41 thoughts onDuracell Durabeam Flashlight $2.2M Class Action Settlement
What about the 1548 model? Those Duracell 350 flashlights sold at Costco also self-drain their batteries in an incredibly short span of time.
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