Keurig has agreed to pay $31,000,000 in a non-reversionary fund in full and complete settlement and release of all claims of Plaintiffs and the Settlement Class Members, as described in the Settlement. The Fund will be used to pay Settlement Class Members who sent in a valid Claim Form, after attorneys’ fees, Settlement and class administration costs, and other expenses have been deducted. You cannot receive compensation unless you submitted a Claim Form.
The value of any claim will be based on the location of the purchase of the Keurig K-Cup Portion Pack and any proof of purchase. In accordance with the Plan of Allocation, the value of a claim will be calculated by the following matrix:
||For Purchases Made in Repealer States or Territories2
||For Purchases Made in Non-Repealer States or Territories3
|Proof of Purchase of Keurig K-Cup Portion Pack from a person other than Keurig Submitted with Proof of Claim
||100% of claim
||7.5% of claim
|No Proof of Purchase of Keurig K-Cup Portion Pack, but Proof of Purchase of Keurig Brewer Submitted with Proof of Claim
||50% of claim with a 7,300-cup/12 mo. cap
||3.75% of claim with a 7,300-cup/12 mo. cap
|No Proof of Purchase of Keurig K-Cup Portion Pack or Keurig Brewer Submitted with Proof of Claim
||10% of claim with a 550-cup/12 mo. cap
||0.75% of claim with a 550-cup/12 mo. cap
2 The following are Repealer States or Territories: Arizona, Arkansas, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Guam.
3 The following are Non-Repealer States or Territories: Alabama, Alaska, Colorado, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Maryland, Montana, New Jersey, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, Washington, Wyoming, American Samoa, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands.
Each Settlement Class Member who submitted a valid Claim Form will receive a pro rata share of the Fund, after attorneys’ fees, Settlement and Class administration costs, and other expenses have been deducted, based on the value of its claim against all claims submitted (a “Settlement Award”). However, any claim whose value is less than the cost to transmit payment will not be paid.
Settlement Class Counsel will ask the Court to approve an award of up to 33 1/3% of the Settlement Amount to them for attorneys’ fees, up to $2.82 million for expenses plus additional costs of Settlement administration, up to $3,000 to each Class Representative who was deposed in the Action, and up to $1,500 to the remaining Class Representatives.
Settlement Class Counsel, at appropriate times, will ask the Court to award Settlement and Class administration costs, including the cost of notice to the Settlement Class. Settlement Class Counsel presently estimates that the cost will not exceed $625,000.
If there are any uncashed checks or amounts remaining in the Fund after Settlement Awards are issued to Settlement Class Members, that money will be distributed cy pres to Consumer Reports, an independent, nonprofit organization that works side by side with consumers to create a safe, fair, and transparent marketplace.