NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
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A Settlement has been reached in a Class Action lawsuit filed against Regal Rexnord Corporation (“Regal”) and Thomson Technology Power Systems ULC (“Thomson”) (together, “Defendants”). A Circuit Court in and for Miami-Dade County, Florida has granted preliminary approval of a Class Action Settlement Agreement involving the TSC900 automatic transfer switch on Thomson generators. The TSC900 is an automatic transfer switch controller meant to turn the generator on and off automatically. The lawsuit alleges that the TSC900 was defective and was misleadingly marketed. Defendants deny these allegations or that there is any basis for a claim but have agreed to resolve this matter to avoid further litigation.
If you are included in the Settlement Class and you have proof of purchase, you can claim a cash payment or an Extended Warranty. If your TSC900 failed and you replaced it, you may be able to recover (1) labor costs for replacing the failed TSC900 of up to $250 and (2) up to $2,500 for replacing the failed TSC900. If you own a TSC900 that was manufactured prior to February 1, 2022, you can claim a two-year Extended Warranty for your TSC900.
If you purchased the TSC900 automatic transfer switch controller at issue in the Class Action Settlement, your legal rights are affected whether you act or do not act.
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Your Legal Rights and Options in this Settlement: | |
Submit a Claim Form By February 24, 2025 | The only way to receive benefits under the Settlement is to submit a Claim Form to the Settlement Administrator online or by mail postmarked no later than February 24, 2025. If you qualify as a Settlement Class Member and you submit a valid and timely Claim Form, you are entitled to relief in accordance with the Settlement approved by the Court. |
Exclude Yourself From The Class By January 20, 2025 | You can exclude yourself from the Settlement by mailing a letter postmarked no later than January 20, 2025 to the Settlement Administrator stating that you want to “opt-out” of the Settlement. If you opt-out, you may not submit a Claim for benefits under the Settlement and you will not be entitled to any benefits under the Settlement. If the Settlement becomes final, opting out is the only option that allows you to retain your rights to separately sue Defendants for the Released Claims relating to the TSC900. |
Object By January 20, 2025 | You may object to the Settlement by writing to explain to the Court why you think the Settlement should not be approved. If you object, you will remain a Settlement Class Member, and if the Settlement is approved, you will still be eligible for the benefits of the Settlement (if you submitted a timely Claim), and you will give up your rights to sue Defendants on the Released Claims relating to the TSC900. Objections must be mailed and postmarked by no later than January 20, 2025. |
Attend a Hearing | You may ask the Court for permission to speak at the Final Approval Hearing. On or before January 20, 2025, your Notice of Intent to Appear must be sent by mail to the Court and to Class Counsel and Defense Counsel at the addresses provided in the FAQs section of this Settlement Website. You cannot speak at the hearing if you have excluded yourself from the Settlement Class, or if your objection or Notice of Intent to Appear fail to comply with the requirements described in FAQ #19. |
Do Nothing | If you do nothing, you will not be entitled to any benefits provided under the Settlement, and if the Settlement becomes final, you will give up your right to sue the Defendants separately for the Released Claims relating to the TSC900. |
- These rights and options—and the deadlines to exercise them—are explained in the Long Form Notice.
- The Court still has to decide whether to give final approval to the Settlement. Payments will be made if the Court gives final approval to the Settlement and after any appeals are resolved. Please be patient.
- For a complete description of the terms and provisions of the proposed Settlement, you should read the entire Class Action Settlement Agreement filed with the Court, which is available in the Documents section of this website.