Zack B. Starritt, et al., v. Dell Inc., et al. Civil Action No.: 03 CVS 5099
If you or your business is a consumer who purchased from Dell one or more Optional Maintenance Agreements covering computer hardware during the period from April 15, 1999 through December 31, 2008, and paid North Carolina sales or use tax on such service contract(s), you could receive benefits from a class action settlement.
The purpose of this website is to inform you of the pendency of this Settlement as a class action, the proposed approval of the Settlement, and of the hearing to be held by the tribunal of three arbitrators (the “CPR Tribunal”) to consider the fairness, reasonableness, and adequacy of the Settlement as well as counsel’s application for fees, costs, and expenses. Although the information on this website is intended to assist you, it does not replace the information contained in the Notice of Class Action Settlement (the “Detailed Notice”) and the Settlement Agreement, both of which can be found and downloaded from this website.
The Detailed Notice describes in detail the rights you may have in connection with your participation in the Settlement, what steps you may take in relation to the Settlement and this class action, and, alternatively, what steps you must take if you wish to be excluded from the Settlement Class and this Action. If you are a member of the Settlement Class, your legal rights are affected whether you act or do not act. Please read this website, the Detailed Notice and other relevant case documents to fully understand your rights.
The Settlement would resolve a lawsuit in which the plaintiff, Zack B. Starritt, alleges that Respondents Dell Inc., Dell Marketing LP, Dell Catalog Sales LP, BancTec, Inc., and QualxServ LLC (collectively, “Respondents”) violated North Carolina law by improperly charging and collecting North Carolina sales or use tax on sales of Optional Maintenance Agreements (as defined in the Detailed Notice), for which no such tax has been imposed by law. In turn, Respondents have filed tax refund claims with the North Carolina Department of Revenue (“DOR”) for a refund of monies collected and remitted to DOR as tax on these sales of Optional Maintenance Agreements. The tax charged for most Optional Maintenance Agreements was between $2 and $30.
The CPR Tribunal will review the Settlement at the Final Hearing scheduled for March 6, 2018.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:|
|SUBMIT A CLAIM FORM||The only way to be eligible to receive a payment from the Settlement. Proof of Claim forms must be submitted online on or before April 2, 2018.|
|EXCLUDE YOURSELF||Get no payment. This is the only option that potentially allows you to ever be part of any other lawsuit against the Respondents or any other Dell Released Parties about the legal claims being resolved by this Settlement. Exclusions must be postmarked on or before February 5, 2018.|
|OBJECT||Write to the CPR Tribunal about why you do not like the Settlement, and/or the request for attorneys’ fees and expenses. You will still be a member of the Settlement Class. Objections must be received by the CPR Tribunal on or before February 5, 2018.|
|DO NOTHING||Receive no payment. You will, however, still be a member of the Settlement Class, which means that you give up your right to ever be part of any other lawsuit against the Respondents or any other Dell Released Parties about the legal claims being resolved by this Settlement, and you will be bound by any judgments or orders entered by the CPR Tribunal in the Settlement.|