Sarah Mirando  |  May 21, 2013

Category: Legal News

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Judge Approves Distribution of De Beers Consumer Class Action Settlement Checks

By Mike Holter

 

De BeersWe finally have some good news for members of the De Beers Indirect Purchaser Consumer Subclass – U.S. District Judge Stanley R. Chesler has officially signed an order authorizing the distribution of settlement checks to consumers.

In an order signed May 13, 2013, but filed with the court yesterday, Judge Chesler approved distribution of the De Beers class action settlement fund to consumers who submitted a valid Claim Form by the original deadline of May 19, 2008 and for those who submitted late claims on or before March 1, 2013. That means consumers should be expecting settlement checks in the mail soon.


Last month we mistakenly reported that Judge Chesler had signed off on the distribution on April 9, but the document filed was actually a proposed order that he officially signed on Friday.

In addition to approving distribution of the $107.9 million De Beers class action settlement, the order approves the administrative recommendations of the Claims Administrator, Rust Consulting, concerning the rejection of deficient and ineligible claims.

Judge Chesler said Rust offered claimants “reasonable notice of claim deficiencies and an opportunity to cure them.” These deficiencies included, but were not limited to, claims filed without supporting documentation, claims that were missing a signature, and claims that fell below $10.

Rust received and processed 606,044 claims, of which 547,741 claimants were mailed letters advising them their claims were deficient and told they had between 15 and 30 days to respond and cure the deficiencies. In the end, only 551,909 claimants were eligible to receive a distribution from the class action settlement fund, according to court documents.

Even if your claim is rejected, you may be able to talk the administrator into approving your claim if you have good cause. In his order, Chesler also approved Rust’s recommendation to reserve from the De Beers Consumer Settlement Fund the sum of $18,075 for “future unanticipated contingencies, including for payment claimants who come forward and provide good cause as to why their previously rejected claim should be paid.”

The De Beers Diamond Class Action Lawsuit Settlement case is Shawn Sullivan, et al. v. DB Investments Inc., Case No. 04-cv-2819 (SRC), U.S. District Court, New Jersey.


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Updated May 21st, 2013

 

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41 thoughts onJudge Approves Distribution of De Beers Consumer Class Action Settlement Checks

  1. Donna Smith says:

    I don’t believe I have ever received anything about the claim that I filed. I even sent them a letter a few months back with an address change but still heard nothing. Does anyone know if this is normal? The other thing is that I don’t believe that I was ever ask for documentation. Of course it has been forever and I have trouble remembering what I ate for breakfast most days. I guess my question would be if they have a printed list of all claimants some where? If not shouldn’t there be? Also, have they given any guide line or percentage as to how the payments will be made? Not that it will be much, as usual most of the money went to the lawyers not to mention the wholesalers whom I still say passed the charges on to us consumers no matter how much they were charged. I just don’t get how any judge or for that matter any honest person could possibly think otherwise. But guess since they are not mailing out checks for less than $10 if I receive anything it will be more than the usual $.57 that I have receive from other class actions in the past.

  2. Will says:

    I never received any communication and all I have found is what I’ve seen by coming back to the diamond class action settlement site. I submitted over 10k in receipts, too. Perhaps there will be something forthcoming before long. Distribution was approved May 13. Wonder how long it’ll take to receive anything on this issue. The article just says ‘soon.’ That is a very relative and subjective term. Another 5 years of waiting on something to happen like it has been since first filed?

  3. Terra says:

    They never sent me a letter either and about two and a half years ago, I confirmed my address, so it sounds like a check is coming for more than $10. My claim wasn’t for very much.

  4. Melissa says:

    Never got a letter… hoping for the best I guess.

  5. kim says:

    i never got a letter either so maybe i will get a check for a night away at the beach

  6. o k says:

    I asked them “When are you going to at the least, update the website for the consumers? You were quick to deal with, and be informative to the Resellers, but treat us consumers like mushrooms. Many are tired of being ignored…

    thank you”

    they wrote back: “
    diamondsclassaction
    10:49 AM (3 hours ago)

    Once the administrator is provided any updates from the courts and Class Counsel they will be updated on the website.

    Thank you
    Diamonds Claims Administrator”

    I wrote back ” Well the judge signed the Order on May 13, 2013, and it was filed with the court May 20,2013 . seems the whole world knows but you all don’t….

    anyhow, thanks for the no real help response, Regardless to the fact you said previously that in about 3 weeks after court approval, you would be issuing checks to consumers”

  7. Bob says:

    The math shows a $197 average each payout…….whoooopeee, I can go buy a Zircon for my wife!

  8. Theresa says:

    You would have gotten a letter only IF your claim was deficient in some way. If you did not receive a letter, you are fine.

  9. o k says:

    Nor I and I confirmed with them years ago my mailing address after it was changed; they informed the address I provided was the one they had on file for my claim.

  10. Mary M. says:

    I haven’t receive any letter in the mail.

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