Frequently Asked Questions

BASIC INFORMATION

1. Who should read this notice?

Anyone who has purchased a Belkin-branded power bank in California between January 2, 2016, and April 16, 2024, whether online or in-store, and who has not requested to be excluded from the class, is a class member. If you are a class member, you have important legal rights that will be decided whether or not you respond to this notice.

Class members have the right to stay in this lawsuit or request that they be excluded from the class by the deadline of October 14, 2024.

2. What is this case about?

This is a class action lawsuit involving power banks made by Belkin International, Inc. Power banks are commonly used portable devices that are used to charge portable electronic devices, like cell phones. The name of the lawsuit is Lenore Miley v. Belkin International, Inc., No. 20STCV00033. It is pending in the Superior Court, Los Angeles County, Complex Litigation Division. Lenore Miley is the Plaintiff.

Belkin’s brands of power banks include PocketPower, BoostCharge, Mix It Up, and others. Plaintiff’s claim involves all Belkin power banks purchased between January 2, 2016, and April 16, 2024.

The plaintiff alleges in this lawsuit that Belkin represented the amount of electricity (measured in milliampere hours or “mAh”) that its power banks can deliver to charge portable electronic devices and that this created an express warranty. Plaintiff alleges that Belkin’s representation was untruthful because Belkin’s power banks are not capable of delivering the represented amount of mAh to charge portable electronic devices and because the actual performance of the power banks is overstated by over 40%.

Belkin denies that it has any liability in this case. Belkin contends that the mAh statements made by Belkin concern the size of the battery pack in the power bank, i.e., the amount of electricity that can be stored in the power bank, not the amount of electricity that can be delivered.

At this time, the Court has not ruled on the merits of any of the parties’ claims or defenses.

3. Who is included in the class action?

All consumers who purchased any Belkin power bank in California between January 2, 2016, and April 16, 2024.Excluded from the Class are any of Belkin’s officers, directors, or employees; officers, directors, or employees of any entity in which Belkin currently has or has had a controlling interest; Belkin’s legal representatives, heirs, successors, and assigns; and persons who request to be excluded from the Class.

4. What are the claims and demands in the case?

On behalf of herself and the certified class, the plaintiff is seeking monetary damages for Belkin’s alleged breach of an express warranty concerning the amount of mAh that its power banks can deliver to charge portable electronic devices.

5. What is the status of the case?

The case is pending.

The case was filed in 2020 and the parties have engaged in discovery and certain motion practice. The Court certified this class on April 16, 2024. Further discovery and motion practice is expected to continue over summer 2024, with a trial expected to be scheduled for late 2024. There has been no judgment in favor of either side, nor has the case been settled.

6. Do I need to do anything else?

You are a member of the class action unless you request to be excluded. The effect of remaining in the class is that you will be bound by the orders of the Court and any judgment in this case, whether it is favorable or unfavorable.

You can leave the class action by filing a timely request to be excluded from the class. If you do this, you will not benefit from a favorable judgment or be bound by an unfavorable judgment. However, if you wish to pursue any claims after requesting exclusion, you will need to file your own lawsuit.

7. How can I request to be excluded?

You can request exclusion (“opt out”) from the class in one of two ways:

• Submit a request for Exclusion Form online via the Submit Exclusion Form stating your name, address, and a clear expression of your intent to be excluded from the class in Miley v. Belkin.
• Send a letter to the class notice administrator by regular U.S. Mail, stating your name, address, and a clear expression of your intent to be excluded from the class in Miley v. Belkin. A sample exclusion form is available in the Important Documents section.

Miley v. Belkin International, Inc.
c/o Simpluris
P.O. Box 25226
Santa Ana, CA 92799

Keep a copy of your online opt-out confirmation or letter for your records.

To be excluded from the class, your request to be excluded must be received by the class administrator by October 14, 2024.

8. Do I have a lawyer in the class action?

Yes, the Court has appointed two attorneys (Class Counsel) to represent you. You may contact either of them for information about the class action.

William Cash III
Levin Papantonio Rafferty
316 S. Baylen Street #600
Pensacola FL 32502
850-435-7059
bcash@levinlaw.com

Bradley Silverman (admitted pro hac vice)
Finkelstein, Blankinship, Frei-Pearson & Garber, LLP
One North Broadway, Suite 900
White Plains, NY 10601
914-298-3282
bsilverman@fbfglaw.com

9. Can I choose to be represented by other counsel?

If you do not choose to be excluded from the class action, you may enter an appearance in the class action by other counsel of your choice.

10. How can I get more information?

Please keep up to date by reviewing the Settlement Website and the Important Dates section. You may also contact either of your attorneys as listed above.

Please do not contact the Court directly about the status of the case. For all questions, you can contact Class Counsel or the Class Administrator.
BY ORDER OF THE SUPERIOR COURT OF CALIFORNIA, COURT OF LOS ANGELES