Frequently Asked Questions

The purpose of this Notice is to inform potential class members about the proposed settlement of a class action lawsuit. This Notice explains:

• What the lawsuit and the settlement are
• Who is a member of the Settlement
• Who represents the Settlement Class Members in the
• What your legal rights and choices
• How and by when you need to

In a class action lawsuit, one or more people, called “Named Plaintiffs” or “Class Representatives,” sue on behalf of people who have similar claims. These people together are called the “Class” or “Class Members.” In this case, the Named Plaintiff and Thinkware Systems USA, Inc. have reached a proposed settlement. The Court is considering whether to approve the settlement and has certified this case as a class action for settlement purposes only. All decisions concerning the settlement will affect everyone in the Settlement Class.

The lawsuit is entitled Jessica Ratzak, individually, and on behalf of all others similarly situated v. Thinkware Systems USA, Inc., Case No. S-CV-0049793, pending in the Superior Court of California, County of Placer.

The lawsuit alleges that Thinkware Systems USA, Inc. misrepresented and falsely advertised that certain Thinkware dashcam products featured a “Super Night Vision” function, while failing to disclose that the function was only available in parking mode. Thinkware denies these allegations and denies any wrongdoing but agreed to settle the lawsuit to avoid further litigation.

The Court did not decide in favor of either side. The Class Representative and Class Counsel believe the claims have merit but also recognize the risks and costs of continued litigation, including uncertainty regarding class certification, liability, damages, and appeals. Thinkware denies liability but agreed to settle to avoid the expense, uncertainty, and business disruption of further litigation.

You are a member of the Settlement Class if you purchased one or more of the following Thinkware products in the United States between January 25, 2019 and August 31, 2024: Thinkware F200PRO, X700, DC-M2-FG-IR, DC-M2-FG, or F70PRO. You are not a member if you are a current or former employee, officer, director, agent, or legal representative of Thinkware or its affiliated entities.

Thinkware has agreed to establish a Settlement Fund of $850,000. The Settlement Fund will be used to pay valid claims submitted by Settlement Class Members, attorneys’ fees and costs approved by the Court, a service award to the Class Representative, and settlement administration expenses. After final approval, eligible Settlement Class Members who submit a valid Claim Form will receive a payment calculated on a pro rata basis.

No. No money or benefits are available now because the Court has not yet approved the settlement and it is not final. There is no guarantee that any benefits will be distributed.

If you do nothing, you will remain a Settlement Class Member and be bound by the Settlement Agreement and Final Judgment, meaning you give up the right to sue Thinkware separately for claims covered by the settlement. However, you will not receive a settlement payment unless you submit a valid Claim Form. Any unclaimed funds will be donated to The Public Justice Foundation.

You give up the right to sue or arbitrate against Thinkware or its affiliates for any claims related to the allegations in this lawsuit, known as the “Released Claims,” as defined in the Settlement Agreement. All Court orders will apply to you and legally bind you.

You may want to exclude yourself if you have filed or intend to file your own lawsuit or arbitration against Thinkware regarding the same claims. If you exclude yourself, you will not receive any settlement benefits but will retain your right to pursue your own legal action.

You may exclude yourself by submitting a valid Opt-Out Form through the Settlement Website or by mailing it to the Claims Administrator. The request must be submitted or postmarked no later than 75 days after the Class Notice Date. If you exclude yourself, you cannot object to the settlement and will not receive a payment.

Yes. If you remain in the Settlement Class, you may object by submitting a written objection to the Claims Administrator by the deadline stated in the Notice. If the settlement is approved despite your objection, you will still be bound by the settlement and receive any payment due.

The Court will hold a Final Approval Hearing on the date and time listed on the Settlement Website in Department 6 of the Superior Court of California, County of Placer, located at 101 Maple Street, Auburn, California. The hearing date may change, so please check the Settlement Website for updates.

No. Attendance is not required, even if you submit an objection. You may attend at your own expense if you wish.

Yes, but only if you submitted a written objection and a notice of intent to appear by the required deadlines, unless the Court orders otherwise.

Yes. The Court appointed the Law Offices of Todd M. Friedman, P.C. as Class Counsel to represent the Settlement Class.

You do not need to hire your own lawyer because Class Counsel represents you. However, you may hire your own attorney at your own expense if you choose.

Class Counsel will request attorneys’ fees of up to $283,333.33 plus costs, subject to Court approval. These amounts will be paid from the Settlement Fund.

Yes. Class Counsel will request that the Court approve a service award of up to $10,000 for the Class Representative.

You may visit the Settlement Website, call the toll-free number listed there, or contact Class Counsel. Please do not contact the Court or Thinkware directly.

This Notice is only a summary of relevant court documents. [Click here](link to www. .com) to see complete copies of case-related documents. If you have further questions, you may:
o Call the toll free number: [Insert]
o Write to the Claims Administrator: [insert]
o If you wish to contact Class Counsel regarding the settlement, you may contact them directly as follows:

Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
23586 Calabasas Road Suite 105
Calabasas CA 91302
Phone: (323) 306-4234

Please do not contact the Court, Defendant or Defense Counsel regarding this settlement. They cannot provide you any advice.