Case Description

A Settlement has been reached in a class action lawsuit about whether certain Duracell-branded Durabeam Ultra LED flashlights model 350L (the “Flashlights”) drain batteries prematurely even when switched to the “off” position.

A proposed settlement will provide a total of $2,200,000 (the “Settlement Fund”) to fully settle and release claims of members of the Settlement Class defined below who do not opt out.

Settlement Class

If you purchased a package of Duracell-branded Durabeam Ultra LED flashlights model 350L bearing the date codes 1533, 1534 or 1535 manufactured by Techomate and sold by Costco, you are in the Settlement Class. You may be placed in this Settlement Class as an “Automatic Payment Recipient” or by filing a claim on your own.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Automatic Payment Recipients

No deadline

Automatic Payment Recipients are identified from Costco’s records as having purchased Flashlights on or before October 23, 2015. If you receive notice in which you are referred to as an Automatic Payment Recipient, you will receive a pro rata Settlement Payment without having to submit a Claim Form. You will give up any right to sue Defendants and any other Released Parties related to a Released Claim.

Submit a Claim

by January 27, 2021

Receive a share of the Settlement Fund.

If you are a Class Member and have not been identified as an Automatic Payment Recipient, you can submit a valid Claim Form online or postmarked by January 27, 2021. If your Claim Form is valid and timely, you will receive a pro rata Settlement Payment and will give up your rights to sue Defendants and any other Released Parties related to a Released Claim.

Exclude Yourself or Opt Out

by January 27, 2021

You will not receive a Settlement Payment.

You may request to be excluded from the Class by timely submitting a request in writing to the Claims Administrator. If you exclude yourself, you will not receive any of the benefits provided by the Settlement and you may not object to the Settlement. You will, however, retain the right to pursue your own claim against he Defendant.

Object to the Settlement

by January 27, 2021

Remain a Class Member, but explain why the settlement is unfair or inadequate. 

If you wish to object to the Settlement, you must write to the Court about why you believe the Settlement is unfair. To obtain a benefit from this Settlement, you must still submit a Claim Form. If you submit only an objection without a Claim Form, you will not receive any benefit from the Settlement and you will give up your rights to sue Defendants or any other Released Parties related to a Released Claim.

Do Nothing

No Deadline

If you do nothing, and you are not an Automatic Payment Recipient, you will not receive any monetary award and you will give up your rights to sue Defendants or any other Released Parties related to a Released Claim.

Go to the Final approval hearing

on April 1, 2021

You may attend the Final Approval Hearing. At the Final Approval Hearing if you plan to raise an Objection you must file a written objection no later than January 27, 2021. You may ask the Court for permission to speak at the Final Approval Hearing, but only in connection with an objection that you have timely submitted to the Court.

Dates and Deadlines

Claim Deadline

January 27, 2021

Exclusion Deadline

January 27, 2021

Objection Deadline

January 27, 2021

Fairness Hearing

April 1, 2021