FPE Federal Pacific Electric class action lawsuit settlement notice - New Jersey:
New Jersey court finds FPE guilty of fraud in 2005, limited relief granted to homeowners in that state.
Information for homeowners. In a class action lawsuit the New Jersey court ruled that the company had engaged in fraudulent practices and made limited damages awards to certain New Jersey Homeowners. The court found that the FPE company "...knowingly and purposefully distributed circuit breakers which were not tested to meet UL standards". This document summarizes the FPE class action lawsuit settlement procedure for affected homeowners.
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This Notice affects many persons who have Federal Pacific circuit breakers. The Court has already determined that Federal Pacific violated the New Jersey Consumer Fraud Act. The violation occurred because FPE cheated during its testing of circuit breakers in order to obtain Underwriters Laboratories (UL) approval. The Court has already certified this action as a class action, but in order for your claim to be considered you must act now.
If you qualify as outlined below, you may be entitled to monetary damage and/or other relief. The relief may include three times the cost of replacing your circuit breakers.
Watch out: if you live in New Jersey, own an FPE Stab-Lok electrical panel, but did not file a claim before 20 April 2005, it's too late to collect anything under this settlement.
However your FPE electrical panel is a latent safety hazard (FPE HAZARD SUMMARY) that can fail to protect against overcurrent, shock, or fire - it should be replaced.
Below we provide the class action settlement form for FPE Stab Lok electrical Panels. For details of the FPE class action settlement court documents see 2008 FPE Class Action Lawsuit Results [PDF file]
In May 2008 the FPE Class Action Lawsuit in New Jersey was finally settled. New Jersey homeowners who were the original owners of an FPE Stab-Lok® electrical panel received $500. in settlement as part of the action. Institutional class members also got varying amounts, depending on their installations.
Superior Court of New Jersey, Law Division:
DOCKET NO. L-2904-97
____________________________________________________________
Serag Yacout, Satish Chaudhary and 432 Owners, Inc., on behalf of themselves and all others similarly situated,
Federal Pacific Electric Company, Reliance Electric Company,
Defendants
CLASS ACTION NOTICE
To: ALL PERSONS OR ENTITIES IN THE STATE OF NEW JERSEY WHO CURRENTLY OWN, UTILIZE OR POSSESS ANY CIRCUIT BREAKER SOLD OR MANUFACTURED BY FEDERAL PACIFIC ELECTRIC CO. DURING THE PERIOD 1965 TO 1980, WHICH BEARS LABELING INDICATING THE BREAKER IS "UL LISTED" OR CONTAINS A SIMILAR CERTIFICATION THAT THE BREAKER COMPORTS WITH APPLICABLE UL STANDARDS, AND ANY PERSONS OR ENTITIES WHO HAVE REPLACED SAID BREAKERS SINCE 1991.
1. Why should I Read This Notice?
If you own Federal Pacific circuit breakers or have
replaced Federal Pacific circuit breakers, please read this notice. It contains
important information. You may be entitled to monetary damage and/or other
relief. This Notice arises out of a class action lawsuit pending in
The Court has directed that all claimants and prospective claimants must identify themselves in response to this notice on or before April 20, 2005. If you do not respond, you will lose your rights.
2. What Is This Lawsuit About?
This Notice affects many persons who have Federal Pacific circuit breakers.
The Court has already determined that Federal Pacific violated the New Jersey Consumer Fraud Act.
The violation occurred because FPE cheated during its testing of circuit breakers in order to obtain Underwriters Laboratories (UL) approval.
The Court has already certified this action as a class action, but in order for your claim to be considered you must act now. If you qualify as outlined below, you may be entitled to monetary damage and/or other relief. The relief may include three times the cost of replacing your circuit breakers.
3. Am I Eligible to Pursue a Claim?
Based on the Court's rulings, you may be eligible to pursue a claim if you meet the following criteria:
· You own a home or building in
the State of
· You must be the owner at the time that FPE Stab-Lok® circuit breakers manufactured and sold between June 29, 1971 and July 1, 1980 were installed as original equipment in your home or building; or you had renovations or additions done which included circuit breakers made and sold in that period while you were the owner;
· The home or building contains original FPE Stab-Lok® circuit breakers (If you do, the circuit breaker panel box will have the name and logo of Federal Pacific Electric Company and the words Stab-Lok® on the breaker panel box) or you replaced the breakers since 1991.
DO NOT ATTEMPT TO REMOVE ANY OF THE CIRCUIT BREAKERS – you will be able to determine whether you have Federal Pacific Electric Company circuit breakers by looking at the outside of the panel box and/or the inside of the door to the box.
Please note that if your panel box or the circuit breakers within the panel box refer to "Federal Pacific Equipment Inc." it is referring to a different company from Federal Pacific Electric Company. If you have Federal Pacific Equipment Inc. circuit breakers they are not included in this claim;
· You are not one of the defendants, any entity in which any of the defendants have a controlling interest, any of the defendants' past or present parents, subsidiaries, affiliates, officers and directors; or a retail or wholesale dealer who sold Federal Pacific circuit breakers and panel boxes.
4. What Do I Need To Do To Continue To Pursue a Potential Claim?
If you believe you are eligible to recover and you wish to remain eligible, you must respond to this Notice by completing the coupon form below and mailing it to the FPE Administrator.
THE COMPLETED COUPON MUST BE POSTMARKED NO LATER THAN APRIL 20, 2005
or you may go directly to www.yacoutclassaction.com to respond to this Notice; if you do so, you must do that by April 20, 2005. If you fail to DO SO, YOUR CLAIM WILL BE BARRED.
The FPE Administrator will then mail you an FPE Stab-Lok® Circuit Breaker Information Form or you can obtain the Information Form on the website.
The completed Information Form and any documentation requested therein must be mailed to the third party administrator AND must be postmarked BY A DATE SPECIFIED THEREIN.
IF YOU FAIL TO submit a complete Information Form BY THE DATE SPECIFIED IN THE MATERIALS TO BE FURNISHED, you will be barred from further participating in this litigation.
Your claim may be subject to verification and investigation, including an inspection of the circuit breaker panel board and giving testimony with respect to your claim.
5. Where Do I Get Additional Information?
This Notice provides only a summary of matters regarding the litigation and is not deemed an admission by any party.
You may seek the advice and guidance of your own private attorney, at your own expense, if you wish.
For
more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may
be inspected during regular business hours at the Clerk's Office, Superior Court of New Jersey, Law Division, located at
If you have any questions regarding this Notice, you can contact class counsel:
Chase Kurshan Herzfeld & Rubin, LLC
5N
Attn: Lisa Santana
Tel: (973) 535-8840
Email: lsantana@chaselaw.nj.com
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE.
The Honorable Bryan D. Garruto.
(CUT ALONG DOTTED LINE – PLEASE PRINT)
REQUEST FOR INFORMATION FORM
I would like to have an FPE Stab-Lok® Circuit Breaker Information Form mailed to:
Name:______________________________________________________
Address:____________________________________________________
City: ____________________________State ______ Zip Code________
Property Address(es) where FPE Stab-Lok® circuit breakers are installed (if different from above address)
Address:____________________________________________________
City: ____________________________State ______ Zip Code________
CERTIFICATION: I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT (1) I AM THE ORIGINAL OWNER OF A HOME OR PROPERTY WHERE FPE CIRCUIT BREAKERS ARE INSTALLED, (2) I CONTINUE TO OWN THE PROPERTY AND (3) THE ABOVE INFORMATION IS TRUE AND CORRECT.
Signature:_____________________________________ Date:___________
MAIL THIS REQUEST TO:
Yacout Information Administrator
Or respond via email at http://www.yacoutclassaction.com
This REQUEST FOR INFORMATION FORM must be completed and sent to the FPE Administrator in order to continue to remain a member of the class. THIS FORM OR YOUR EMAIL RESPONSE MUST BE POSTMARKED OR RECEIVED NO LATER THAN APRIL 20, 2005 in order to maintain any rights you may have.
...
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