Frequently Asked Questions

The Court directed the Parties to issue a notice because you have a right to know about how the proposed Settlement might affect you, what benefits you might receive under the Settlement, and your rights and options under the Settlement, before the Court decides whether to grant final approval to the Settlement.

This website explains the background of this dispute, the terms of the proposed Settlement, your rights and options, what benefits are provided or available under the Settlement, who is eligible for them, and how to receive them.

The Court in charge of the case is the Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, and the case is known as Perez et al. v. Regal Rexnord Corp. et al., Case No. 2024-015521-CA-01. The people who sued the Defendants are called the Class Representatives, and their names are Luis Perez and Jose Molla. The companies they sued, Regal Rexnord Corporation and Thomson Technology Power Systems ULC, are called the Defendants.

The Class Representatives claim that Thomson’s TSC900 is defective. The TSC900 is intended to automatically turn a generator on when power fails and off when power is restored. The Class Representatives allege that the TSC900 fails to detect when power has been restored and thus fails to turn the generator off.

The Class Representatives also claim that the Defendants’ advertisements, manuals, and representations were false or misleading because the Defendants represented that the TSC900 reliably turns a generator on and off and because the Defendants failed to disclose the alleged defect.

The Defendants deny all of the Class Representatives’ claims.

The Court did not decide who was right in the lawsuit. Instead, the Parties agreed to a Settlement. By agreeing to a Settlement, the Parties avoid the costs and risks of litigation and trial, and compensation and other benefits will be made available to the Class. The Class Representatives and their attorneys believe that the Settlement is in the best interests of Class Members.

A class action is a lawsuit in which one or more individuals sue on behalf of all other people who have similar claims. Collectively, these people are referred to as a “class” or as “class members.” In a class action like this one, a court resolves the legal issues for all class members in one lawsuit, except for those who ask to be excluded from the class.

The Settlement Class includes all persons nationwide who either owned one or more TSC900SCU's that suffered a product failure during their time of ownership or who own one or more TSC900SCU's that were manufactured prior to February 1, 2022. The TSC900SCU is a switch control unit—which is one of the components of the TSC900. Excluded from the Settlement Class are the Defendants and any entities in which the Defendants have a controlling interest; the Defendants’ agents, employees, distributors, or third-party sellers; Class Counsel and Defense Counsel and each of their employees; and any judge to whom the Action is assigned and any member of such judge’s staff and immediate family

If the Settlement is ultimately approved by the Court, it will provide cash payments and other relief to the Settlement Class. Only persons who paid to replace a TSC900SCU as a result of failure of the TSC900SCU are eligible for a cash payment. Only persons who currently own a TSC900SCU manufactured prior to February 1, 2022, are eligible for the Extended Warranty. Eligible Class Members who submit a valid Claim Form will receive a payment or an Extended Warranty. The Defendants have also agreed to pay for the costs of Notice to the Class and the costs to administer the Settlement. In return, the Settlement Class Members release their rights to pursue any claims against the Defendants and related entities arising out of or relating to the factual allegations in the lawsuit. 

Each Class Member who (by the Final Effective Date) paid to replace a TSC900SCU as a result of a TSC900SCU failure, is entitled to receive: (1) documented labor costs for replacing the failed TSC900SCU, not to exceed $250 and (2) the greater of (a) 100% of the documented amount paid by the Class Member for the TSC900SCU that failed, not to exceed $2,500; or (b) if the Class Member purchased both a TSC900SCU (the switch control unit) and a TSC900GHC (the touch screen) or a TSC7320 to replace a TSC900SCU that failed, 85% of the documented amount paid by the Settlement Class Member for the TSC900SCU and the TSC900GHC that were replaced, not to exceed $2,500. Class Members must submit a valid Claim Form to receive these benefits.

Each Class Member who currently owns a TSC900SCU manufactured prior to February 1, 2022, is entitled to receive an Extended Warranty covering an additional two years from the date of final approval. The Extended Warranty contains several changes from the Defendants’ standard warranty. For example, under the Extended Warranty, the Defendants must pay the reasonable costs of shipping a TSC900SCU to Thomson for inspection and must reimburse Class Members for up to four hours of documented labor costs of up to $400. Class Members must submit a valid Claim Form to receive these benefits.

To receive a payment or extended warranty, you must complete and submit a valid Claim Form by February 24, 2025. Submit your Claim Forms online by clicking here, or you may obtain a Claim Form by calling (833) 739-0739 or emailing [email protected]. Complete and submit a Claim Form online or mail a Claim Form to: 

Perez v. Regal Rexnord Corp.

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

To be valid, your Claim Form must be completed, signed under penalty of perjury, and postmarked or submitted online by no later than February 24, 2025.  A Claim Form that is not complete, that is not sent to the correct address, or that is not postmarked or submitted through this Settlement Website within the time specified shall be invalid.

The Claim Form will require you to provide certain information, including your contact information, the date you purchased the TSC900, and whether you are seeking a refund or an Extended Warranty. If you are seeking an Extended Warranty, you must also provide proof of purchase by including (1) the serial number of your TSC900SCU or (2) copies of receipts, invoices, or other documents created by the seller of the product that specify (a) the name of the seller, (b) the date of purchase, and (c) the name and quantity of the product purchased.

If you are seeking monetary relief, you must provide (1) the amounts you paid for your original TSC900 and replacement device and (2) proof of such amounts through copies of receipts, invoices, or other documents created by the seller or servicer that specify (a) the name of the seller or servicer, (b) the date of purchase or repair, (c) the name and quantity of the product purchased or the nature and number of hours of the service provided, and (d) the amount charged for the product or repair (as applicable). 

The serial number for your TSC900SCU can be found on the back cover of the TSC900SCU, as shown in the image below. 

The Court will hold a Final Approval Hearing on February 4, 2025 at 11 a.m. to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. Settlement payments will be paid if and when the Court grants final approval to the Settlement and any appeals are resolved. The process can take time. Please be patient. 

Unless you exclude yourself, you are staying in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. That means you will be eligible for the benefits of the Settlement but you won’t be able to sue, continue to sue, or be part of any other lawsuit against the Defendants for the issues and claims resolved by the Settlement. The specific rights you are giving up are called Released Claims.

You can also find a copy of the Release in the Settlement Agreement found here.

To exclude yourself from the Settlement, you must send a letter by mail to the Settlement Administrator. Your letter requesting exclusion must be postmarked on or before January 20, 2025, which is the Objection/Exclusion Deadline. Mail your request for exclusion to:

Perez v. Regal Rexnord Corp.

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Your request for exclusion must be delivered or sent by mail, postmarked on or before January 20, 2025, and (a) must include the Settlement Class Member’s full name, address, and telephone number, (b) must bear the individual signature of the person seeking exclusion, and (c) must clearly state that the Settlement Class Member desires to be excluded from the Class. Exclusion or “opt out” rights must be individually exercised by the Settlement Class Member seeking exclusion.  No person is permitted to request exclusion from the Settlement Class on behalf of any other Settlement Class Members. You cannot exclude yourself on the phone or by email. 

If you properly and timely submit a request for exclusion to opt out from the Settlement, you will no longer be a member of the Settlement Class. You will not be eligible for any payment or warranty under the Settlement, and you cannot object to the Settlement or speak at the Final Approval Hearing.

No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims that this Settlement resolves. You must exclude yourself from this Settlement to start or continue your own lawsuit or be part of any other lawsuit. 

No. If you exclude yourself, you may not send in a Claim Form to ask for any money or an extended warranty.

The Court has appointed the following counsel to represent you and other Settlement Class Members in this case:

These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for payment of Attorneys’ Fees and Expenses up to $1,750,000. The Court may award less than this amount. All of these amounts will be paid separately by the Defendants and will not reduce the amount of benefits available to Settlement Class Members. No attorneys’ fees will be paid unless the Settlement is approved and any appeals are resolved in favor of the Settlement. The Defendants have agreed not to oppose an application for fees and expenses that do not exceed this amount. The Defendants have also agreed to separately pay the costs of Notice and the Settlement Administrator. 

If you are a Settlement Class Member and you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not like any part of it. The Court will consider your views. To object, you must mail a written statement to the Settlement Administrator, and provide a copy of your written statement to the Court, stating that you object to the Settlement. Your letter must be postmarked on or before January 20, 2025, which is the Objection/Exclusion Deadline.

Your letter must include (1) the name of this Action (Perez v. Regal Rexnord Corp.) and the case number (2024-015521-CA-01); (2) your full name, address, and telephone number; (3) your signature; (4) a statement that you have reviewed the definition of the Settlement Class and that you are a Settlement Class Member who has not opted out of the Settlement; (5) a statement under oath as to when and where you purchased the TSC900SCU, the serial number of your TSC900SCU, or proof of purchase in the form required by section 4.4(G) of the Class Action Settlement Agreement; (6) the reasons you object to the Settlement, including any legal support you may have and any documents you would like the Court to consider; (7) if you have legal representation, the names and contact information of the lawyer(s) representing you; (8) whether you intend to attend the Final Approval Hearing; (9) a list of anyone who you may call to testify at the Final Approval Hearing in support of your objection; and (10) a list of all class action settlements where you or your lawyer submitted an objection in the last five years, and any legal relief that you or your lawyer sought from a court related to those objections.

You must mail the objection to the Court and the Settlement Administrator postmarked no later than January 20, 2025:

The Court

Clerk, Circuit Court of Miami-Dade County

Civil, Complex Business Litigation

Re: Case No. 2024-015521-CA-01

73 West Flagler St.

Miami, FL  33130

The Settlement Administrator

Perez v. Regal Rexnord Corp.

c/o Kroll Settlement Administration, LLC 

PO Box 225391

New York, NY 10150-5391

If your objection does not meet all of the requirements set forth in this section, it will be deemed invalid and waived, and it will be overruled.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you remain a member of the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court has scheduled a Final Approval Hearing at 4:30 p.m. on February 7, 2025, via Zoom. You can attend this hearing through the following. 

• Zoom Meeting ID: 92806065563
• Zoom Dial In Number: +1 786-635-1003
• Zoom Link: https://zoom.us/j/92806065563

At this hearing the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court may continue or reschedule the Final Approval Hearing without further notice. At the Final Approval Hearing, if there are objections, the Court will consider them. The Court will listen to any persons who have properly asked to speak at the hearing. The Court will then decide whether to grant final approval to the Settlement. The Court may also consider the award of Attorneys’ Fees and Expenses to Class Counsel.

No.  Class Counsel will answer any questions that the Court may have. You are welcome to come at your own expense.  If you send a written objection, you do not have to come to Court to talk about it. As long as you mailed your written objection on time and included sufficient information with your objection, the Court will consider it. You may also pay your own lawyer to attend if you so desire, but it is not necessary.

You may ask the Court for permission to speak at the Final Approval Hearing. If you or your lawyer desire permission to speak at the Final Approval Hearing for the purpose of objecting to the Settlement, you must comply with all of the requirements for objections described above and must file with the Court a notice (the “Notice of Intention to Appear”) on or before the Objection/Exclusion deadline of January 20, 2025 which states your intent to appear and contains the following information:

1. the name, address, and telephone number of any person who intends to appear on your behalf at the Final Approval Hearing;
2. a list of any persons who may be called to testify or present argument in support of your objection;
3. a copy of your timely written objection to the Settlement which includes the reasons you object to the Settlement, and information sufficient to establish that you are a Class Member; 
4. copies of any papers, exhibits, or other evidence that you or your counsel will present to the Court in connection with the Final Approval Hearing; and
5. your signature.

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 above. 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 above.

If you do nothing, you will remain in the Settlement Class. You will get no money or warranty from the Settlement. If you do not exclude yourself, you won’t be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants concerning any of the claims or allegations in this case and those described in the Release.

Yes. This FAQ summarizes the terms of the proposed Settlement. More details are available in the Class Action Settlement Agreement and the Court’s Order granting preliminary approval to the Settlement. You can get a copy of the Class Action Settlement Agreement by accessing the document here.

You can call the Settlement Administrator at (833) 739-0739 toll-free, or by clicking here, where you will find access to the Class Action Settlement Agreement and Claim Forms, plus other information.