This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumers Legal Remedies Act
Unfair Competition

Kirk Hinshaw, individually, and on behalf of all persons similarly situated v. Vizio Inc., and Does 1 through 100, inclusive

Published: Nov. 19, 2016 | Result Date: Oct. 31, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 8:14-cv-00876-DOC-AN Settlement –  $2,300,000

Court

USDC Central


Attorneys

Plaintiff

Jeffrey Wilens
(Lakeshore Law Center)

Jeffrey P. Spencer
(Spencer Law Firm)


Defendant

Ekwan E. Rhow
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.)

David I. Hurwitz
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow PC)


Facts

Kirk Hinshaw filed a class action against Vizio Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant marketed, advertised, and sold smart televisions with the Amazon Instant Video app. The televisions, however, did not actually have the capacity to access the app. Plaintiff filed this instant consumer class action for allegedly misrepresenting the availability of the app and failing to inform consumers that the app would be inoperable upon purchase. Plaintiff asserted causes of action for unfair competition and violation of the Consumer Legal Remedies Act.

DEFENDANT'S CONTENTIONS:
Defendant denied any wrongdoing.

Result

The parties reached a $2.3 million settlement, which would allow eligible class members to redeem credits to be used on the Amazon Instant Video website. Each eligible class member was entitled to a voucher worth at least $4.99. The amount of the credit per class member will be approximately $9.00.

Other Information

FILING DATE: June 6, 2014.


#87028

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390