On April 22, 2021, the Honorable Judge Haywood S. Gilliam will hold a telephonic hearing to determine whether to approve a proposed settlement between Plaintiffs Ines Burgos and Mongkol Mahavongtrakul and Defendant Sunvalleytek International, Inc. The case is in the Federal District Court for the Northern District of California, Number 4:18-cv-06910. Plaintiffs are represented by Finkelstein. Blankinship, Frei-Pearson & Garber, LLP (“FBFG”). The proposed class is comprised of every person in the United States who purchased any RAVPower Power Bank, irrespective of model.
Plaintiffs alleged that the mAh, or milliampere hour, ratings on RAVPower power banks (“Power Banks”) are inflated because they do not reflect the charge a Power Bank is actually capable of providing to consumers to recharge portable electronic devices.
While Sunvalleytek contends that its mAh ratings are not inflated, it has agreed to change the way it labels and advertises RAVPower Power Bank. Pending approval by the Court, Sunvalleytek will:
- Change Power Bank labels to say the words “battery capacity” in conjunction with the mAh number (where the mAh number is the sum of the nominal rated capacity of the internal battery cells of the Power Bank);
- Change the user guide specifications to say the words “battery capacity” in conjunction with the mAh number (where the mAh number is the sum of the nominal rated capacity of the internal battery cells of the Power Bank);
- Change the product description in the Amazon listings to convey that the specified mAh is the sum or total of the nominal rated capacity of the internal battery cells; and
- Change the bullet points of the Amazon listing to say “xxxx mAh internal battery capacity” or “internal battery capacity xxxx mAh” (where xxxx represents the number that is the sum of the nominal rated capacity of the internal battery cells in the power banks.).
The Court will also hear FBFG’s request for attorneys’ fees and costs. FBFG has requested fees in the amount of $313,000 and costs of $20,000. Sunvalleytek has agreed that the Court should award the requested costs but contends that FBFG should be awarded between $105,000 and $126,000. The Court will also hear each Plaintiffs’ request for $5000 service fees, which Sunvalleytek does not oppose.
Consumers’ rights are not affected by this proposed settlement, as it does not result in a waiver of any claims members of the proposed class might have, for example, for financial damages.
The Court and the parties welcome members of the proposed class to be heard during the April 22, 2021 telephonic hearing regarding the proposed changes to RAVPower Power Bank labelling and advertising, FBFG’s request for attorneys’ fees and costs, and the Plaintiffs’ request for service awards. Class members wishing to be heard can simply dial in to the number below and use the access code (also below) prior to the beginning of the hearing and identify themselves as members of the proposed class.
Telephonic Hearing Instructions
If the hearing is scheduled as a telephone conference, counsel and members of the press and public will use the following dial-in information to access the hearing:
Dial In: 888-808-6929
Access Code: 6064255
Class members wishing to submit written comments may do so by sending their submissions to the following address by April 7, 2021:
ATTN: Case No. 4:18-cv-06910
United States District Court
Northern District of California
Ronald V. Dellums Federal Building & United States Courthouse
1301 Clay Street
Oakland, CA 94612
Class members seeking further information can review the following documents: