Michael Hester v. Walmart, Inc.

Case No. 5:18-cv-05225-TLB

United States District Court for the Western District of Arkansas

If You Purchased an Onn Brand Power Bank You May Be Entitled to a Payment from a Class Action Settlement.

Important Dates

November 19, 2020 — Claim Form Deadline. Online claims must be submitted by 11:59 pm (PST) on this date. Mailed claims must be postmarked by this date.

November 4, 2020 — Exclusion Deadline. Requests for exclusion must be mailed and postmarked by this date.

November 4, 2020 — Objection Deadline. Objections must be filed with the Court and served on the Parties by this date.

November 30, 2020 at 1:30 p.m. (CDT) — Date of Fairness Hearing in the United States District Court for the Western District of Arkansas.

A Settlement has been reached in a class action lawsuit about whether Onn brand power banks sold by Walmart Inc. (“Walmart”) were labeled with the accurate capacity. Walmart denies any and all liability or wrongdoing with respect to the claims alleged in the lawsuit, but desires to settle the case because a settlement will avoid the risk, expense and distraction of continued litigation.

This Settlement creates a Settlement Fund of $1,100,000, from which Settlement Class Member claims and other costs and expenses related to the litigation and settlement will be paid, as detailed in the Important Documents about this case.

You are a Settlement Class Member if you purchased a Onn power bank at a Walmart retail store or Walmart.com between January 1, 2013 to July 9, 2020. Persons meeting this definition are referred to collectively as the “Settlement Class” and, individually, as “Settlement Class Members.” If you are Settlement Class Member, you can submit a claim for a settlement payment from the Settlement Fund.

Please read the Notice carefully and in its entirety. Your rights may be affected by the Settlement of this Lawsuit, and you have a choice to make now about how to act.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM BY
NOVEMBER 19, 2020

This is the only way to receive the benefit of a settlement payment. By participating in the Settlement, you may be entitled to a settlement payment in this Settlement. However, by submitting a claim, or failing to exclude yourself from the Settlement, you will give up any rights to sue Walmart separately about the same legal claims in this lawsuit.

Click here to submit a Claim Form online.

Click here to download a Claim Form.

Click here for more detail on what the Settlement provides.

Click here for more detail about the claim process.

EXCLUDE YOURSELF FROM THE CLASS BY
NOVEMBER 4, 2020

If you exclude yourself from the Settlement, you will not be eligible to receive a settlement payment, but you will keep your right to sue Walmart about the same legal claims in this lawsuit.

Click here for more detail about excluding yourself from the class.

OBJECT OR COMMENT BY
NOVEMBER 4, 2020

You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the Settlement. Objections and comments must be filed with the Court and served on the Parties by November 4, 2020.

Click here for more detail about objecting or commenting.

GO TO THE FAIRNESS HEARING ON
NOVEMBER 30, 2020

You may ask to speak in Court about the fairness of the Settlement. Written notice of your intent to appear and speak at the hearing must be filed with the Court and served on the Parties by November 4, 2020. You may submit your notice of intent through an attorney at your own expense if you so desire.

Click here for more detail about appearing in this lawsuit.

Click here for more detail about attending the final hearing.

DO NOTHING

If you do nothing, you will receive no settlement payment. You also give up your right to sue Walmart on your own regarding any claims that are part of the Settlement.

These rights and options, and the deadlines to exercise them, are further explained in the Notice, which can be viewed by clicking here.

The Court in charge of this case still must decide whether to approve the Settlement. The settlement payments will be made available if the Court approves the Settlement and after any appeals are resolved.

If you have any questions, contact the Settlement Administrator by email at info@onnpowerbanksettlement.com. You also may write with questions to the Settlement Administrator at Onn Power Bank Settlement, 1650 Arch Street, Suite 2210, Philadelphia PA 19103, or call the toll-free number at 1-855-232-5353.

PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.