Class Eligibility

The NEC TOKIN Settlement Class includes persons and entities in the United States that, from April 1, 2002, through July 15, 2016, purchased from a distributor (or from an entity other than a Defendant) one or more Capacitor(s) that a Defendant or alleged co-conspirator manufactured. Excluded from the NEC TOKIN Settlement Class are Defendants, their parent companies, subsidiaries, and Affiliates, any co-conspirators, Defendants’ attorneys in this case, federal government entities and instrumentalities, states, and their subdivisions, all judges assigned to the case, and all jurors in the case.

The Okaya Settlement Class includes persons and entities in the United States that, from January 1, 2002, through April 14, 2016, purchased from a distributor (or from an entity other than a Defendant) one or more Capacitor(s) that a Defendant or alleged co- conspirator manufactured.

Estimated Amount

Varies

This is a pro rata settlement where the total pool will be distributed among all valid claims based on the number of capacitors reported and other factors designed to ensure fairness in distribution

Proof of Purchase

No

Case Name

In re Capacitors Antitrust Litigation – All Indirect Purchaser Actions
Master File No. 3:14-cv-03264-JD
District Court for the Northern District of California

Case Summary

The lawsuit alleges that Defendants and co-conspirators conspired to raise and fix the prices of Capacitors for more than ten years, resulting in overcharges to indirect purchasers of Capacitors. The complaint describes how the Defendants and co-conspirators allegedly violated the U.S. and state antitrust, unfair competition, and consumer protection laws by agreeing to fix prices and restrict output of Capacitors by, among other things, face-to-face meetings and other communications, customer allocation, and the use of trade associations. Defendants deny Plaintiffs’ allegations. The Court has not decided who is right.

Settlement Pool

$14,950,000

Deadline

01/07/2017

Contact


Capacitors Indirect Settlement,
c/o A.B. Data, Ltd.,
P.O. Box 173020, Milwaukee,
WI 53217-8042
1-866-217-4245

42 responses to “Capacitors Antitrust Class Action Settlement”

  1. Brian markowitz says:

    I bought these

  2. SOPHIA L ETHERIDGE says:

    SOME PEOPLE DO NOT NO HOW TO DOWNLOAD YOU ALL NEED TO PUT THE APPLICATION ONLINE

    ADMIN – Hi Sophia,

    For this particular settlement you should not be concerned about that. It is not ready for claim filing. In the future should you need to work on skills such as downloading a document from the web, you can watch a variety of youtube videos that will show you how to right-click and download a document.

  3. some capacitor kid says:

    I bought some capacitors but I doubt there’s any issues with them lol. What kind of check would I get like 29 cents? haha. costs more than that to drive to and from the bank.

    ADMIN – Hi SCK

    To put it simply this has nothing to do with defects. This is an antitrust settlement related to pricing.

    • some capacitor kid says:

      Ohh I see. Sheesh they were cheap enough I thought. Well I’ll have to look up my order details and see what I got but it sure wasn’t much. I got the post card for this in the mail the other day and just laughed.

      ADMIN – Hi SCK,

      You also have stuff that has capacitors in addition to the ones that you purchased directly no?

  4. kim nelson says:

    I bought 12 of these

  5. Michael reicheneker jr says:

    I bought many of these 🙁

  6. john says:

    What exactly is a indirect purchaser and direct purchaser? I tried to Google it, can’t find clear enough info about it?
    I bought lots of electrical things in that time frame.
    Or indirect purchaser means the actual capacitor.
    If it’s the latter. Then I’m not an indirect purchaser.
    If it’s the former, then I am. And it would probably cost more to mail out a check, then the refund they send you.

    ADMIN – Hi John,

    A direct purchaser is someone that purchased something from the manufacturer. An indirect purchaser is someone that purchased something from a retail store.

    • john says:

      Does this applies to only if you bought capacitors?
      Or anything that have capacitors in it?

      ADMIN – Hi John,

      It reads like it only applies to standalone capacitors.

      • john says:

        That’s the part I didn’t understand. I didn’t want to file for a claim that I’m not qualified for.

  7. CHall says:

    No luck getting claim
    No response

  8. Gene says:

    Did anyone figure out if you bought something with a capacitor in it if you are able to put in a claim? If you don’t know does anyone have a phone number for the attorney handling the case or email address?

  9. Willie Henry says:

    When will this settle?

    ADMIN – Hi Willie,

    No date yet.

  10. Jim Eslinger says:

    It might surprise how much of a settlement payment responders receive. I received a check for $89 when I responded to a similar request in a class action suit involving semiconductors. I had purchased only a few hundred dollars worth of devices. And hey, even $10 is $10.

    • Max says:

      There is no way you will get even $10. An average electrolytic capacitor costs about 40 cents. The average hobbyist might have purchased 20 of them during the period. So you might have spent $8 total. Ok, so now how much entitlement is there per capacitor purchased? Well, maybe say 4 cents per capacitor. That comes to about 80 cents. Put wait, there are legal fees plus expenses. The lawyers, transfer agent, and the administrators (AB Data) will get about 2/3 of the 15 million settlement. Your check will be for about 20 cents. Yes, all the numbers are just guesses, but having received dozens of class action settlements, I think I am about right.

      The biggest check I ever received was $3. I received a coupon for $50 off a set of four tyres once. Too bad the truck they went on got totaled when some moron ran a red light.

      ADMIN – Hi Max,

      I once received a check for $63. That is my biggest. My average is $2

      • Rob says:

        I’ve gotten checks twice from different suits against PNC Bank. One was for $80! (unfortunately, it got put on the desk and found months later after it expired)

  11. ray says:

    link is broken

    ADMIN – Hi Ray,

    Not broken, closed. The deadline was in January.

  12. Mike says:

    Does this apply to flux capacitors?

    ADMIN – Hi Mike,

    I don’t know. But even if it did the deadline has passed and you may no longer file.

    • Andrew says:

      Aw, you missed the joke. Good reference, Mike.

      ADMIN – Hi Andrew,

      The admin does not want to date herself by acknowledging references to movies of the past.

    • Marty says:

      I have a flux capacitor in the car left to me my my uncle Emmett. I will go back in time, and file my claim.

      ADMIN – Hi Marty,

      Can you bring me a skateboard upon your return?

  13. Deb says:

    Curious. Why is this still on here if the deadline is passed? I just wasted 10 minutes reading it to figure out if i qualify.

    ADMIN – Hi Deb,

    In the future scroll down to the field that reads deadline before filing. We leave the postings open so people can follow up when they have not received their checks.

  14. Fred says:

    I bought about 8 capacitors back in 2007. I must have spent a whole $3. Had I not chose to opt out (I do not believe in class action lawsuits), I might have received a check for say 20 cents.

    What I am angry about, is Digikey gave my name and address to AB data. I am further angered that AB data somehow obtained my updated address and they refuse to tell me how they obtained it. I am going after them and I will use duress to find out how they got it. Their source will be neutralized.

    I also expect Digikey to take responsibility for handing over my name and address.

    ADMIN – Hi Fred,

    I suspect your address is public record

    • Christina says:

      Why would you come to this site to announce you “do not believe in class action lawsuits”?

      What a waste of time and space and oxygen

      ADMIN – Hi Christina,

      While we are not the best choice for that type of complaint, I am not bothered by his questions. Not the end of the world.

    • Fred says:

      I am a bit confused. I went to Wal-Mart today and bought a soft insulated lunch carrier. I paid cash. Nobody took my name down. So if six months from now, there is a class action lawsuit against the manufacturer of the lunch carriers, what happens? [SARCASM] Let me guess, they hire some lady with a crystal ball, and she tells them the name and address of everyone who bought one? [\SARCASM]

      I think they “pull names out of a hat”. I remember getting a check when there was a suit against a baby bottle manufacturer. My wife and I got a check for $2 or something like that. We never received a notice of the pending case. We just got a check. That was in about 2002 or so. I had a vasectomy in 1988 with no children. My wife and I have NEVER bought baby bottles.

      I received a check for about the same in 2008 when Zodiac pool products was sued over unfair advertising or something like that. We never owned a swimming pool, so we never bought any pool products.

      I do not understand this whole class action thing. It sounds like a complete farce.

      ADMIN – Hi Fred,

      Maybe your wife is filing with your info just to mess with your mind.

      • Fred says:

        My former spouse hates unsolicited class action nonsense worse than me. My current spouse (of four years) has never lived in the West and does not know what a class action lawsuit is. I pick up all the mail and handle what few expenses we have. She would not know how to do this.

        I just had a thought (only moments ago)…… There are only about 7 major claims administrators. The FTC has almost no visibility into what they do. They can do anything they like, and nobody will be the wiser. I honestly think they maintain a periodically refreshed database of profiles (names, addresses, email, phone), and randomly send notices to them. Maintaining such a list is trivial, and far less time costly, than actually tracking down only real class members. So long as they hit perhaps 1% of the potential class members, they can call the search campaign a success. I suppose people who see the class action lawsuits on sites like this might provide another 1% more class members for good measure.

        I suspect that the names (in the theoretical database) are those who filed claims in the past, those from actual class member lists in the past, and names collected from social networking, etc.

        Yes this is only a theory. My brainstorms are seldom spot on, but they are almost always in the general vicinity of the facts.

        ADMIN – Hi Fred,

        The response rate is way higher than 1%. Have a super day Fred!

  15. Burbon Wheeler says:

    I filed a claim over 9 months ago and haven’t heard or seen anything,what the hell is going on with this suit ????

    ADMIN – Hi Burbon,

    I don’t think you filed a claim. Most likely you registered for info which is the only option that the page provides.

  16. Fred says:

    I have made a formal complaint on FBI website. I accused AB Data Class Action Administrators of “cyberstalking”.

    I am posting this to benefit people who wish to maintain sovereignty over their personal information.

    ADMIN – Hi Fred,

    To support your freedom of speech I am allowing this to post on our website. Hope you are doing well.

    • Fred says:

      Thank you!

      Doing really well now that I am moving forward on this. I wrote the Adam Zapala at CPM legal to find out exactly how my information was handed over from Digikey. I also spoke to some people about the situation with AB Data. It turns out that they are required to disclose the source of the information by California state law.

      ADMIN – Hi Fred,

      Keep me updated of your progress. My only concern is that in your efforts to shelter your privacy you will end up becoming a celebrity as a privacy advocate.

      • Fred says:

        Being a celebrity privacy advocate under a screen-name is not a problem. If you have seen the picture the Guy Faux mask wearing a pair of Oakley’s and a pirate hat floating around he internet, then you have seen me. That is the face I will present.

        If I can get this, or some other case into court and then set a precedent, then my goal is achieved.

        I am far from done. After all, AT&T sent me the letter notifying me of the Equifax situation. I plan to discover how AT&T got my name. I have never been a customer of AT&T. They could only have obtained my information though some “backdoor” that needs locked.

        I have had enough of opt-out situations. All situations, involving personal information, should require a double opt-in, regardless of the justification.

        Think about it. I had an opt-out with Digikey. They sent my name and address to the legal firm. What is stopping them from selling it? I have no idea. It was then transferred to AB Data, or maybe it passed though yet another set of hands. When was I given an opportunity to read the privacy policies of each of the companies that handled my information? Are their employees screened? Keep in mind that one 4 GB thumb drive full of names, addresses, etc is worth about $50,000!

        I am guessing that the capacitor situation alone lead to my name and address falling into the hands of at least three businesses whom I know nothing about. How is that fair to me?

        I am 52 years old. In my lifetime I had a man obtain two bank accounts, and a driver license in my name. Two others obtained either employment or utilities in my name. The man who obtained the driver license and bank accounts only spent 18 months in prison. The other two were probably never arrested, or deported. That is why I stared my campaign of erasing myself.

        I even notified the DMA that I am deceased. I never get any junk mail. My dozen email boxes are free of SPAM except one.

        I take a lot of care to insure that nobody can just look me up. I work for a defense contractor. It took seven weeks for my background check to complete. My colleague had his done in a week. Why? My tracks are well hidden, even from professionals. Why? Because my identity is not going to be up for sale to illegal aliens, or terrorists.

        I have written every company I currently do business with, and notified them that my information is not to be handed to any one even in the event of litigation. So far nobody has argued. Amazon even notified me that they will comply with my wishes.

        ADMIN – Good Morning Fred,

        I am swamped today and way behind with work. Curious, What leads you to believe your identity was borrowed by an illegal alien?

        PS: Working on our monthly newsletter today. Shall I include your email? 😉

        • Fred says:

          Update: After just short of six months of pressure, AB Data finally “Cracked”. I spoke to them today. They say they use TLO.com (a somewhat unknown to the public division of Transunion).

          I posted this for the benefit of those who do not want to be contacted by “turbulence chasing” class action lawyers.

          ADMIN – Hi Fred,

          Be nice to the lawyers. Sharing this because so far you have been kind and respectful.

    • Fred says:

      ADMIN – Hi Fred,

      Keep me updated. Very curious as to the result of your meeting.

  17. Timothy says:

    I am no legal expert. I did a quick read of the legal documents. The legal fees and expenses came to $15,150,000, and the remaining settlement pool is $14,950,000 (numbers rounded to the nearest 10,000). The settlement entitles everyone who bought capacitors over a 14 year period. Surely far more then 14 million people bought capacitors over that time-span. Assuming only 30 million did so, and that is a very conservative estimate, the cost of printing and mailing the checks is more than the 50 cents you have coming to you. Good luck with that.

    Maybe they could have saved a few million if they went paperless?

    ADMIN – Hi Timothy,

    Some of the settlements available are paperless and become super problematic. Most people don’t understand the concept of a digital check.

  18. Timothy says:

    Actually I was referring to making the process paperless. There are at least four web sites that are much like this web site. Why do they send letters to potential class members when they can just advertise on the internet and save a lot of money? I can only imagine how much the administrators spent tracking down the class members. Why bother when I bet almost all of them just toss the letter out with all the other junk mail anyway. I could be wrong, but if I were to guess, well more than half toss the letter in the bin next to the mail boxes along with all offers from Capitol One, Progressive, and so on.

    It has been about ten years since I bothered with a class action settlement. I seem to remember having to mail in a receipt and the cost of the post was greater than the amount of the check. I seem to remember that the check arrived only about a week or ten days before it expired, so I never actually cashed it. Honestly are they using the “new politically correct math” where spending 65 cents to get 50 cents is profitable?

    It would make more sense if the class members just signed up online.

    Anyone who fails to sign up should never be opted in to start with. The entire process will be cleaner, and those who file actual claims can potentially earn maybe two, maybe three dollars.

    ADMIN – Hi Timothy,

    Totally agree but I suspect there are a number of complexities on our archaic legal system that would make this impossible.

    • Timothy from Seattle says:

      What happens if the settlement pool is less than the cost of bulk mailing checks to all the named class members?

      There are going to be at least two named class members for every dollar of the pool, and that is a conservative estimate.

      I have never seen a company that can print and mail bulk checks for less than 85 cents in batches of 20000. Doing so for 30 million might be possible for 65 cents or so.

      ADMIN – Hi T,

      Some administrators are issuing electronic checks or Amazon gift cards to reduce costs.

      • Timothy in Seattle says:

        I never have seen an Amazon gift card for less than $25. My employer gives us Amazon and Starbucks girt cards from time to time.

        Bulk rate presort post cards cost 26.5 cent to mail, and that does not include printing cost. Bulk rate presort first class envelopes cost 49 cents. Bulk envelopes cost about 2 cents each. Then the printing cost, and so on still will result in a cost of about a dollar per claimant. I estimate the average payout will be between 33 and 50 cents. I do not see how that can work. I guess they use the new “politically correct” math.

        ADMIN – Hi Timothy,

        We sent out Amazon gift cards for $2 recently.

      • Timothy says:

        Nobody appears to have an answer. If the claim amount is less than the cost of distributing it, what happens?

        ADMIN – Hi Timothy,

        Your best example is the Ameritrade settlement. People received checks for 1 penny.

        • Timothy says:

          I suppose there will be a lot of checks for one or two pennies distributed to capacitor buyers.

          If I knew anyone who did not toss the letter in the trash, I might offer to double their award.

  19. Colten says:

    Any new updates on this?

    ADMIN – Hi Colten,

    I went to check the document section and I don’t see anything new.

  20. Tezzle says:

    I buy these Mfg capacitors through Distributors (Digi-Key, Arrow Electronics, etc). Are they considered Agents? Should I submit a claim based on that purchase data?

    ADMIN – Hi Tezzle,

    As long as you did not purchase them from NEC Tolkin everybody else would be a distributor.

  21. Timothy in Seattle says:

    I believe the “fairness hearing” was two and a half weeks ago. Anyone received a penny check yet?

    Seriously, if it costs almost a dollar to send checks for 50 cents, what happens? They cannot send checks for less than 0!?!

    ADMIN – Hi Timothy,

    Some administrators are opting for digital checks or Amazon cards to reduce the expense of distribution.

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