You are receiving this notice because our records indicate that you purchased an aftermarket Western Digital Corporation ("WD") hard disk drive between March 22, 2001 and February 15, 2006. "Aftermarket" purchasers are those who purchased their hard disk drives separately rather than pre-installed by an original equipment manufacturer into a computer.
A proposed class action settlement may affect your legal rights. If the settlement is approved, you may be eligible to receive free hard disk drive backup and recovery software from WD. Read below for a summary of the proposed settlement. For a detailed legal notice and complete terms, please visit
www.wdc.com/settlement.
A class action lawsuit entitled Safier v. Western Digital Corporation is pending in the U.S. District Court for the Northern District of California. The lawsuit claims that in the sale and marketing of its hard disk drives, Western Digital overstates the useable storage capacity. According to the lawsuit, when attached to most personal computers, a hard disk drive advertised as having "80GB" will only show an available capacity of "74.4GB." The lawsuit alleges that one reason for this disparity is the existence of two different measurements of a "GB," one of which is used by computer operating systems and another of which is used by hard disk drive manufacturers. The lawsuit seeks restitution, damages, punitive damages, and injunctive relief. The lawsuit is case number 05-03353 BZ.
WD has denied any wrongdoing or liability. WD believes that its marketing and advertising complied and continues to comply in all respects with the law. WD further believes that no Class Member, including the Plaintiff, has sustained any damages or injuries. Nonetheless, WD has concluded that further conduct of the Litigation would be protracted and expensive, and that it is desirable that the Litigation be fully and finally settled in the manner and upon the terms and conditions of the proposed settlement.
If the Court approves the settlement, WD will change how it markets and advertises the available storage capacity of its hard disk drives. WD also will provide eligible Class Members with free backup and recovery software to use with their hard disk drives. WD will be released from any further related claims by Class Members. Plaintiff's Counsel will ask the Court to award, and WD agrees to pay, an award of attorneys' fees of up to $485,000 and expenses of up to $15,000. Class Members will not be required to pay these attorneys' fees or costs.
You have four options about how to respond to the proposed settlement. Before making a decision, you should read the full explanation of the proposed settlement and release of claims at
www.wdc.com/settlement. You have only a limited time to make your decision:
Option 1. Sign Up To Receive Free Software As Part Of The Settlement.
To get the software, you must fill out the Claim Form available at
http://www.wdc.com/settlement no later than thirty days after Final Approval of the settlement. If you sign up for the free software, you give up your right to bring a separate lawsuit against Western Digital.
Option 2. Exclude Yourself From the Class
To preserve your right to bring a separate lawsuit, you must exclude yourself from the class. To do so, you must mail a letter by May 19, 2006, according to the instructions available at
www.wdc.com/settlement. By excluding yourself, you won't get the free software.
Option 3. Make An Objection To The Settlement
To object to the settlement, you must serve legal papers on counsel for the parties by May 24, 2006, according to the instructions available at
www.wdc.com/settlement.
Option 4. Do Nothing
If you do nothing, you won't get the free software. You also give up your right to bring a separate lawsuit against Western Digital.
To get more information about the settlement or about options 1-3, please visit
http://www.wdc.com/settlement.
