Swinton v. SquareTrade, Inc.
Swinton v. SquareTrade Settlement
4:18-cv-00144-SMR-SBJ

Welcome to the Swinton v. SquareTrade Settlement Website

What is this lawsuit about?

The Settlement resolves a lawsuit as to whether SquareTrade allegedly made misleading statements to consumers with respect to its sales of Protection Plans on Amazon in violation of Iowa’s Private Consumer Frauds Act, Iowa Code Chapter 714H, the Magnusson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and the common law prohibition against unjust enrichment. SquareTrade denies the allegations in the lawsuit and denies any wrongdoing.

If you purchased a SquareTrade Protection Plan on Amazon during the Class Period, you could get a payment in the form of money and/or one or more Settlement Coupons from a class action settlement (the “Settlement”). 

If approved by the Court, the Settlement will provide: (1) changes to certain webpages offering SquareTrade Protection Plans; (2) specified refund payments to each person or entity that SquareTrade’s computer records identify as a member of the Settlement Class who had a claim denied under a SquareTrade Protection Plan on the ground that said person or entity had purchased the product subject to the SquareTrade Protection Plan from a retailer other than Amazon (“Refund Settlement Class Members”); (3) prospective changes to SquareTrade’s treatment of claims made under outstanding SquareTrade Protection Plans; and (4) a $10 coupon for each SquareTrade Protection Plan purchased by a member of the Settlement Class.

Who is included in the Settlement?

Any person who, from April 20, 2012 through October 8, 2018 (the "Class period"), purchased a SquareTrade Protection Plan on Amazon, but excluding defendant, any entities in which Defendant has a controlling interest or which have a controlling interest in Defendant, and the officers, directors, affiliates and attorneys for Defendant (the "Settlement Class").

How do I participate in the Settlement?

If the Court orders payments to Settlement Class Members, and if SquareTrade’s  computer records show you are a Settlement Class Member who had a claim denied because the product subject to the SquareTrade Protection Plan (the “Covered Product”) was purchased from a retailer other than Amazon, then you will receive a refund payment equal to the amount you paid for the Covered Product, exclusive of sales tax and shipping, less any percentage that the Court awards in attorneys’ fees for Lead Class Counsel.  SquareTrade will make this payment by check.  In addition, if the Court orders  payments to Settlement Class Members, and if SquareTrade’s computer records show you are a Settlement Class Member, you will receive via email from a third-party settlement  administrator one $10 Settlement Coupon per SquareTrade Protection Plan you purchased during the Class Period from Amazon that you can use to obtain a discount off the purchase of a SquareTrade Protection Plan for a mobile phone.

Legal Rights and Options

Option and Deadline
Event
Do nothing and receive benefit If the Court orders payments to Settlement Class Members, and if SquareTrade’s computer records show you are a Settlement Class Member who had a claim denied because the product subject to the SquareTrade Protection Plan (the “Covered Product”) was purchased from a retailer other than Amazon, then you will receive a refund payment equal to the amount you paid for the Covered Product, exclusive of sales tax and shipping, less any percentage that the Court awards in attorneys’ fees for Lead Class Counsel. SquareTrade will make this payment by check. In addition, if the Court orders payments to Settlement Class Members, and if SquareTrade’s computer records show you are a Settlement Class Member, you will receive via email from a third-party settlement administrator one $10 Settlement Coupon per SquareTrade Protection Plan you purchased during the Class Period from Amazon that you can use to obtain a discount off the purchase of a SquareTrade Protection Plan for a mobile phone.

You will also give up your right to be part of any other lawsuit against SquareTrade about the claims in this case.
Object

June 7, 2019
(Filed)
Submit a written objection explaining why you do not like the Settlement and think it should not be approved.  You must send your objection to Lead Class Counsel who will file it with the Court for you.  If you submit an  objection, you may also speak at the Court’s Final Approval Hearing to explain your position.  You are not required to attend the  hearing, though.  The Final Approval Hearing will take place on June 21, 2019 at 9:00am at The United States District Court for the Southern District of Iowa, 123 East Walnut Street, Des Moines, Iowa 50309.
Exclude Yourself

May 22, 2019
(Postmarked)
Get no refund payments or Settlement Coupons.  This is the only option that allows you to be a part of any other lawsuit against SquareTrade about the legal claims in this case.
Attend the Final Approval Hearing

June 21, 2019
The Final Approval Hearing will take place on June 21, 2019 at 9:00am at The United States District Court for the Southern District of Iowa, 123 East Walnut Street, Des Moines, Iowa 50309. It is not necessary for you to appear at this hearing, but you may attend at your own expense.

Check back often for the most up-to-date information.