On November 5, 2019 Pearson Warshaw obtained preliminary approval of a class action settlement for any purchaser of a Bionaire BCH9208 Ceramic Tower Heater from Los Angeles County Superior Court Judge Amy Hogue. The following Class was certified by the Court:

All persons within the State of California who purchased a new Bionaire BCH9208 Ceramic Tower Heater for their own use and not for resale at any time since March 20, 2010. Excluded from the Class are Defendant; Defendant’s affiliates, subsidiaries, or co-conspirators; employees of Defendant, including its officers and directors; the Court to which this case is assigned; and any persons who have already returned and have been refunded for their heater.

Class Members may be entitled to a $25.00 cash payment. For more information, visit http://www.heatersettlement.com.

DEADLINE TO FILE

All claims must be filed/postmarked on or before March 4, 2020.

To qualify for payment, you must submit a Claim Form. You may submit a Claim Form online at https://secure.heatersettlement.com/ on or before March 4, 2020.

If you are unable to complete the online form, you may download a Claim Form from the Important Documents page or request that one be mailed to you by calling the Claims Administrator toll-free at 1 833-759-2977 or emailing [email protected]. If you submit a Claim Form by mail, it must be postmarked or on before March 4, 2020.

ABOUT THE CASE

On March 20, 2014, Pearson Warshaw filed a class action lawsuit against Bionaire, Inc. (Sunbeam Products, Inc. was later substituted as the sole defendant) for breach of warranty and violations of the California consumer protection statutes. Plaintiff Tami Trepte, who tragically lost her 2 year old son when one of the heaters malfunctioned, alleged that she would not have purchased, or would have paid less for, the heater had she known it contained the design defects that made it susceptible to overheating, smoking, and/or catching fire. In August 2017, the Court certified the case as a class action and appointed Pearson Warshaw as co-lead class counsel.

ABOUT THE SETTLEMENT

The Settlement provides two benefit options for Class Members. The first option provides a $25.00 cash refund to any Class Member who submits a timely Claim Form and both cuts and returns the power cord from the heater and provides a photograph of the heater from which the power cord was cut. The Claims Administrator will provide you with a free pre-paid mailing label and envelope to return the cord after you submit your Claim Form. Proof of purchase is also required unless you purchased the heater from Costco.

For Class Members who do not wish to cut the power cord from their heater or no longer have the heater in their possession, the second option provides a $12.50 cash refund or $17.50 purchase credit to any Class Member who submits a timely Claim Form. Proof of purchase is required unless you are a verified purchaser of the heater from Costco. The purchase credit may be applied toward new purchases from www.holmesproducts.com and will be valid for one hundred eighty (180) days from the date of issuance.

To qualify for payment, you must submit a Claim Form. You may submit a Claim Form online at http://www.heatersettlement.com on or before March 4, 2020. If you are unable to complete the online form, you may download a Claim Form from the Important Documents page or request that one be mailed to you by calling the Claims Administrator toll-free at 1 833-759-2977 or emailing [email protected]. If you submit a Claim Form by mail, it must be postmarked or on before March 4, 2020.