<%@ language="VBScript" %> Class Notice
CLASS NOTICE

April 27, 2007

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA


If you purchased a Belkin wireless product, you could get a full refund or 50% promotional discount from a class action settlement.

A federal court authorized this notice. This is not a solicitation from a lawyer.

  • The settlement will provide up to two full refunds for those who purchased one or more of the Covered Belkin Wireless Products, submit an online claim form, and submit a valid sales receipt (original or legible copy).
  • If you are unable to provide a sales receipt, you may still be eligible for a 50% promotional discount toward the online purchase of up to three new Belkin Wireless Products priced at up to $300.00 each.
  • To qualify to receive anything, you must have been a resident of the United States at the time you purchased the Covered Belkin Wireless Product, and you must have purchased the product from an entity that regularly sold such devices or items, during the period of October 13, 2002 until February 5, 2007.
  • Your legal rights are affected whether you act or don’t act. Read this notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM The only way to get full refund.
EXCLUDE YOURSELF Get no full refund or discount. This is the only option that allows you to ever be part of any other lawsuit against Belkin about the legal claims in this case.
OBJECT Write to the Court about why you don’t like the settlement.
GO TO A HEARING Ask to speak in Court about the fairness of the settlement.
DO NOTHING Get no full refund. You may still obtain up to three promotional discount codes for online purchases of Belkin wireless products. However, if you fail to claim a refund and fail to obtain and redeem a discount code, you will still give up your rights.

  • Your rights and options—and the deadlines to exercise them—are explained in this notice.
  • The Court in charge of this case still has to decide whether to approve the settlement. Belkin will issue refunds and discounts after the Court approves the settlement. Please be patient.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION
     1. What is this settlement about?
     2. Why is this a class action?
     3. Why is there a settlement?
WHO IS IN THE SETTLEMENT
     4. How do I know if I am part of the settlement?
     5. Which Belkin Wireless Products are covered?
     6. If I am not sure if the product I purchased is Covered, how can I find out?
THE SETTLEMENT BENEFITS – WHAT YOU GET
     7. What does the settlement provide?
HOW YOU GET A FULL REFUND OR DISCOUNT
     8. How can I get a full refund?
     9. How do I get a 50% discount for a new Belkin wireless product?
     10. What am I giving up to get refund or discount, or to stay in the Class?
EXCLUDING YOURSELF FROM THE SETTLEMENT
     11. How do I get out of the settlement?
     12. If I don’t exclude myself, can I sue Belkin for the same thing later?
     13. If I exclude myself, can I get money from this settlement?
THE LAWYERS REPRESENTING YOU
     14. Do I have a lawyer in this case?
     15. How will the lawyers be paid?
OBJECTING TO THE SETTLEMENT
     16. How do I tell the Court that I don’t like the settlement?
     17. What is the difference between objecting and excluding?
THE COURT’S FAIRNESS HEARING
     18. When and where will the Court decide whether to approve the settlement?
     19. Do I have to come to the hearing?
     20. May I speak at the hearing?
IF YOU DO NOTHING
     21. What happens if I do nothing at all?
GETTING MORE INFORMATION
     22. How do I get more information


BASIC INFORMATION

1. What is this settlement about?
The lawsuit (Shannahoff v. Belkin Corporation) claimed that Belkin Corporation (“Belkin”) made and sold select models of its Wireless Products (“Covered Products”) that do not achieve the advertised Mbps data throughput or transmission rates and advertised connectivity range(s) under alleged “real-world” operating conditions. The lawsuit claimed that consumers who purchased these Wireless Products suffered injury because they did not receive the advertised speed and transmission rates or connectivity range(s). Belkin denies it did anything wrong.

2. Why is this a class action?
In a class action, one or more people called Class Representatives (in this case Bruce Shannahoff), have sue on behalf of people who have similar claims. All these people are a Class or Class Members. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Class. United States District Court Judge George P. Schiavelli is in charge of this class action.

3. Why is there a settlement?
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the settlement is best for everyone who was injured.
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WHO IS IN THE SETTLEMENT

To see if you will get money from this settlement, you first have to decide if you are a Class Member.

4. How do I know if I am part of the settlement?
Judge Schiavelli decided that everyone who fits the following description is a Class Member:

All persons or entities who, while residing in the United States, purchased one or more of the Covered Belkin Wireless Products from an entity that regularly sold such devices or items, during the period between October 13, 2002 to February 5, 2007.

5. Which Belkin Wireless Products are covered?
The Covered Belkin Wireless Products in this settlement are the following Belkin Wireless Product Model Numbers (SKU numbers), the packaging for which, at the time of retail purchase by the original purchaser, did not state that the actual data throughput rates and/or connectivity ranges would be lower than the rate and/or range, identified on the product: B5D036, F1UP0001, F5D6000, F5D6001, F5D6020, F5D6050, F5D6050-APL, F5D6051, F5D6060, F5D6130, F5D6230-3, F5D6230-4, F5D6231-4, F5D6231-4-APL, F5D7000, F5D7001, F5D7010, F5D7010-APL, F5D7011, F5D7050, F5D7130, F5D7230-4, F5D72314, F5D7231-4P, F5D7233, F5D7330, F5D8000, F5D8010, F5D8230-4, F5D9009, F5D9010, F5D9013, F5D9050, F5D9230-4, F6D3000, F6D3010, and F6D3230-4. Covered Belkin Wireless Products do not include products that were installed in or sold with other devices, items or equipment by the original equipment manufacturers of such other devices, items or equipment.

6. If I am not sure if the product I purchased is Covered, how can I find out?
For more information, you can visit the website, Settlement. If you are not sure whether you are included in the Class, you may submit an online claim by following the instructions on that website, as discussed below.
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THE SETTLEMENT BENEFITS—WHAT YOU GET

7. What does the settlement provide?
The settlement provides up to two full refunds or up to three 50% promotional discounts towards the purchase of new Belkin Wireless networking products from Belkin’s online store.
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HOW YOU GET A REFUND OR DISCOUNT

8. How can I get a full refund?
To qualify for a full refund, no later than 180 days after the date of this Class Notice, you must review the Instructions and complete and submit a Refund Claim Form and Release, available on Belkin’s website on the Internet at Settlement. Read the Instructions carefully and fill out and submit the Refund Claim Form and Release by the deadline stated in the Instructions. If you are eligible as a member of the Class, and if the Settlement is finally approved by the Court, then within a few months after you submit the Refund Claim Form online, Belkin will send you a Refund Notice by e-mail. You will need to print the Refund Notice and return a copy of it within ninety (90) days of the Refund Notice, along with the original or legible photocopy of the sales receipt(s) for the Covered Product(s) showing the place and date of purchase(s) and the purchase price(s) paid for the Covered Product(s). Within twelve weeks thereafter, Belkin will mail you a check for a full refund.

9. How do I get a 50% discount for a new Belkin wireless product?
If you are unable to submit an original or legible copy of a valid sales receipt for such product, you may still be eligible for up to three 50% promotional discount codes to be used towards the purchase of a new Belkin Wireless Product from Belkin’s online store, www.Belkin.com.

Once the settlement is finally approved and the lawsuit has concluded, Belkin will publish a Promotional Discount Code on its website, and will e-mail a Promotional Discount Code to each Settlement Class Member who, on or before the 180th day after the date of this Class Notice, has registered to receive one by e-mail. Anyone eligible to participate in the settlement who has not registered to receive a Promotional Discount Code by e-mail, and who does not seek a full refund, may obtain a Promotional Discount Code simply by visiting Belkin’s website after the settlement has been finally approved the lawsuit has concluded.

You may use the Promotional Discount Code for ninety days after Belkin either sends it to you by e-mail or posts it on Belkin’s website. You may not transfer the Promotional Discount Code except to an immediate family member using your same e-mail address. The Promotional Discount Code may be used only in the purchase of one new Belkin Wireless Product with a list price of up to $300.00 USD from Belkin’s online store, www.Belkin.com, at a 50% discount. This discount will be applied at the point of sale before any rebates, discounts, or other promotions that may otherwise be offered by Belkin on its online store for the product to be purchased, and will be computed before sales tax (if any) and shipping charges. Only one Promotion Code may be applied to each purchase. During the ninety day period, Belkin will not remove from the online store any Belkin wireless product that has not otherwise been discontinued for sale.

You may obtain up to two additional Promotional Discount Codes for use during the ninety day period by registering on or before the 180th day after the date of this Class Notice for additional Promotional Discount Codes on the Belkin website.

10. What am I giving up to get a refund or discount and to stay in the Class?
Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Belkin about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. If you sign the claim form, you will agree to a “Release of Claims,” attached to the Claim Form, which describes exactly the legal claims that you give up if you get settlement benefits.
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EXCLUDING YOURSELF FROM THE SETTLEMENT

If you don’t want a refund or discount from this settlement, but you want to keep the right to sue or continue to sue Belkin, on your own, about the legal issues in this case, then you must take steps to get out. This is called excluding yourself—or sometimes referred to as “opting out” of the Settlement Class.

11. How do I get out of the settlement?
To exclude yourself from the settlement, you must send a letter by mail saying that you want to be excluded from the Settlement Class in Shannahoff v. Belkin Corporation. You must include your name, address, telephone number, the model number of the Belkin Wireless Product you purchased, the date you purchased it, and your signature. You must mail your exclusion request postmarked no later than October 31, 2007, to:

Belkin Wireless Settlement, c/o
David M. Arbogast, Esq.
Spiro Moss Barness LLP,
11377 W. Olympic Blvd., Fifth Floor
Los Angeles, CA 90064

or

Belkin Wireless Settlement, c/o
Sheldon Eisenberg, Esq.
Eisenberg Raizman Thurston & Wong LLP
11601 Wilshire Blvd., Fifth Floor
Los Angeles, CA 90025

or visit the website at Settlement, where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for refund.

You can’t exclude yourself on the phone or by e-mail. If you ask to be excluded, you will not get any settlement refund, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Belkin in the future.

12. If I don’t exclude myself, can I sue Belkin for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Belkin for claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is October 31, 2007.

13. If I exclude myself, can I get money from this settlement?
No. If you exclude yourself, do not send in a claim form to ask for any money. But, you may sue, continue to sue, or be part of a different lawsuit against Belkin.
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THE LAWYERS REPRESENTING YOU

14. Do I have a lawyer in this case?
The Court has asked David M. Arbogast of the law firm of Spiro Moss Barness LLP to represent you and other Class Members as Class Counsel. You will not be charged for these lawyers.

15. How will the lawyers be paid?
Class Counsel will ask the Court for attorney’s fees and expenses up to $175,000, and a payment of $1,000 to the Class Representative, Bruce Shannahoff. The Court may award less than these amounts. Belkin will separately pay the fees and expenses that the Court awards. These amounts will not come out of the funds for refunds to Class Members. Belkin has agreed not to oppose these fees and expenses. Belkin will also separately pay the costs to administer the settlement.
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OBJECTING TO THE SETTLEMENT

You can tell the Court that you don’t agree with the settlement or some part of it.

16. How do I tell the Court that I don’t like the settlement?
If you’re a Class Member, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter to the Court and to the attorneys involved in the settlement, saying that you object to the settlement in Shannahoff v. Belkin. The deadline to mail your objection letter is October 31, 2007. Be sure to include your name, address, telephone number, the model number of your Belkin Wireless Product, the date of purchase, your signature, and the reasons you object to the settlement. Mail the objection to all of these three different places:

COURT CLASS COUNSEL DEFENSE COUNSEL
Clerk of the Court
United States District Court
Central District
312 N. Spring Street
Los Angeles, CA 90012
David M. Arbogast
Spiro Moss Barness LLP
11377 W. Olympic Blvd., Fifth Floor
Los Angeles, CA 90064
Sheldon Eisenberg, Esq.
Eisenberg Raizman Thurston &
Wong LLP
11601 Wilshire Blvd., Fifth Floor
Los Angeles, CA 90025

17. What is the difference between objecting and excluding?
Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.
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THE COURT’S FAIRNESS HEARING

The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you don’t have to.

18. When and where will the Court decide whether to approve the settlement?
The Court will hold a fairness hearing at 1:30 p.m. on Monday, December 10, 2007 at the United States District Court, Central District of California, 312 N. Spring St., Los Angeles, California 90012, in Courtroom 7 on the Second Floor. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. Judge Schiavelli will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

19. Do I have to come to the hearing?
No. Class Counsel will answer questions Judge Schiavelli may have. But, you are welcome to come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

20. May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that it is your “Notice of Intention to Appear in Shannahoff v. Belkin.” Be sure to include your name, address, telephone number, the model number of the product you purchased, the date of your purchase, and your signature. Your Notice of Intention to Appear must be postmarked no later than November 26, 2007, and be sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the three addresses above in question 16. You cannot speak at the hearing if you excluded yourself.
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IF YOU DO NOTHING

21. What happens if I do nothing at all?
If you do nothing, you’ll get no money from this settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Belkin about the legal issues in this case, ever again.
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GETTING MORE INFORMATION

This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to David Arbogast, Spiro Moss Barness LLP, 11377 W. Olympic Boulevard, Fifth Floor, Los Angeles, California 90064-1683.

22. How do I get more information?
You can write to:

Belkin Wireless Settlement, c/o
David M. Arbogast, Esq.
Spiro Moss Barness LLP,
11377 W. Olympic Blvd., Fifth Floor
Los Angeles, CA 90064

or visit the website at Settlement, where you will find answers to common questions about the settlement, a claim form, plus other information to help you determine whether you are a Class Member and whether you are eligible for refund.
This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement by writing to David Arbogast, Spiro Moss Barness LLP, 11377 W. Olympic Boulevard, Fifth Floor, Los Angeles, California 90064-1683.
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Questions? Visit Settlement