To receive a cash payment under this Settlement, please click here to file a Claim online. Claims must be submitted by December 31, 2019. If you receive a cash payment through this Settlement, you are not eligible to also receive the Extended Limited Warranty.


The information contained on this website is only a summary of information presented in more detail in the Notice, which you can access by clicking here. Since this webpage is just a summary, you should review the Notice for additional details.


Who Is Included In The Settlement Class?

The Class consists of:

All Persons residing within the United States and its territories who purchased at retail the BackBeat FIT wireless headphones, version Genesis or 16M, manufactured by Plantronics during the period of time from April 1, 2014 through October 31, 2019.


Excluded from the Class are the Defendant and its officers, directors, and employees; Class Counsel and their partners, associates, lawyers, and employees; and the judicial officers and their immediate family members and associated Court staff assigned to this case.

If you are a member of the Class, you are subject to the Settlement unless you exclude yourself.


What Is The Lawsuit About?

This class action lawsuit alleges that Plantronics falsely advertised and warranted BackBeat FIT wireless sport headphones (the “Headphones”) as sweatproof, waterproof, and able to provide up to eight hours of listening time on a single charge. Named Plaintiff claims that, as a result of these alleged defects, the Headphones are worth less than what consumers paid to buy them. Plantronics denies these allegations and denies any wrongdoing. The parties have entered into a settlement after extensive arm’s-length negotiations.

Settlement Benefits

The Settlement provides benefits to Class Members as explained below. Under the Settlement, Class Members can obtain benefits under Alternatives 1, 2 or 3, below, but not more than one of the alternatives. Class Members who elect to receive a cash payment are not eligible for the Extended Limited Warranty.

Alternative 1: Extended Limited Warranty.
Class Members who purchased their Headphones on or after January 1, 2018, receive a 12-month limited warranty extension on the Headphones with the 12-month extension beginning to run from the Effective Date of the Settlement (the “Extended Warranty”). The Effective Date is anticipated to be around January 31, 2020 if there are no delays or appeals. Class Members who purchased Headphones prior to January 1, 2018, are not eligible for the Extended Warranty, and instead are limited to claiming one of the cash payment benefits under either Alternative 2 or Alternative 3, described below. You do not need to submit a Claim Form if you qualify for the Extended Limited Warranty. However, if you receive a cash payment through this Settlement, you are not eligible to also receive the Extended Limited Warranty.

Class Members qualifying for the Extended Warranty must comply with the following requirements:

a. Class Members qualifying for the Extended Warranty must comply with the on-line warranty claim process and requirements then in existence on the Plantronics website, at plantronics.com, including that the Class Member must return to Plantronics their existing Headphones for which they are making the warranty claim;

b. To qualify for coverage under the Extended Warranty, the warranty claim must be based on an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones’ resistance to water, moisture, or sweat; and

c. The Class Member must attest under penalty of perjury that he, she, or it (i) has not filed a warranty claim on the Headphones previously; (ii) did not previously receive a replacement set of Headphones from any source; and (iii) did not previously receive a refund from Plantronics or the retailer from which the Claimant purchased the Headphones for all or any portion of the purchase price of the Headphones. Plantronics is entitled to rebut the Class Member’s assertion of no prior warranty claim, replacement Headphones or refund under (i) through (iii) herein with verifiable evidence to the contrary. In that event, the Class Member will not be entitled to any warranty replacement under the Extended Warranty.


To the extent that the original limited warranty applicable to the original purchase of the Headphones (the “Original Limited Warranty”) has not expired by the Effective Date, the Extended Warranty shall be in addition to and take effect after expiration of the Original Limited Warranty.

Class Members qualified to receive the Extended Warranty and who make a valid warranty claim under the Extended Warranty shall be entitled to receive a functional replacement to the Headphones. The replacement product shall be limited to the Plantronics Backbeat FIT 2100 wireless headphones (“Replacement Product”), and no other Plantronics product. There shall be no express or implied warranty provided to Class Members for the Replacement Product, except that a Replacement Product provided to a Class Member pursuant to this Extended Limited Warranty is entitled to the remaining warranty, if any, associated with the Class Member’s original purchase of the Headphones. There shall be no other express or implied warranty provided to Class Members for the Replacement Product.


Alternative 2: $50 Cash Payment.
A Class Member may receive a $50 payment under this Alternative 2 if the Class Member (“Claimant”) complies with all of the following requirements: (a) The Claimant must timely submit to the Settlement Administrator a properly completed Claim Form; (b) The Claimant (or an authorized third-party retailer) must furnish Proof of Purchase of the Headphones from an authorized retailer during the Class Period; (c) The Claimant must furnish evidence that he, she or it had previously made a contemporaneous written claim or complaint that their Headphones were defective or did not function properly due to an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones’ resistance to water, moisture, or sweat. The prior written claim or complaint must have been made prior to the date of the Named Plaintiff filing the original complaint in the Lawsuit (September 12, 2018). It must be clear that the claim or complaint related to a failure or malfunction of the Headphones consistent with the allegations in the Complaint. For example, a general negative review on Amazon.com or plantronics.com would not suffice, but a negative review that specifically references a battery charging issue consistent with the allegations in the Complaint would suffice; and (d) The Claimant must attest under penalty of perjury that: (1) the Claimant’s Headphones malfunctioned or failed to work properly due to an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones’ resistance to water, moisture, or sweat; and (2) the Claimant did not previously receive a replacement set of Headphones from any source or a refund from Plantronics or the retailer from which the Claimant purchased the Headphones for all or any portion of their purchase price. Plantronics is entitled to rebut the Claimant’s assertion of no prior replacement Headphones or refund with verifiable evidence to the contrary provided to the Settlement Administrator. If such verifiable evidence is presented, the Claimant shall not be entitled to any benefit.

Proof of purchase information can be satisfied by the Class Member submitting evidence (e.g., a receipt) or by purchase information obtained by Class Counsel from third-party retailers (e.g., Amazon, Best Buy). The Settlement Administrator will review all claims, as necessary, to determine whether the information obtained from third-party retailers satisfies the proof of purchase requirement. The Settlement Administrator will also review information and records in Plantronics’ possession and provided by all third-party retailers to determine if the Class Member made a written claim or complaint to Plantronics.

A Claimant cannot recover based on replacement Headphones already received in response to a prior warranty claim or complaint. If the Proof of Purchase shows that the Claimant purchased the Headphones for less than $50, the Claimant’s recovery is limited to the price paid for the Headphones. For example, if the Proof of Purchase shows that the Claimant purchased their Headphones for $40, their recovery is limited to $40. There shall be a limit of two (2) claims per Claimant.

To file a claim online, please click here.


Alternative 3: $25 Cash Payment.

A. $25 Cash Payment (Claimants Who Have Not Previously Received Replacement Headphones)

A Class Member may receive a $25 payment under this Alternative 3 if the Class Member (“Claimant”) complies with all of the following requirements: (a) The Class Member must timely submit to the Settlement Administrator a properly completed Claim Form; (b) The Claimant (or an authorized third-party retailer) must furnish Proof of Purchase of the Headphones from an authorized retailer during the Class Period; and (c) The Claimant must attest under penalty of perjury that: (1) the Claimant’s Headphones malfunctioned or failed to work properly due to an issue with the battery, battery performance, or an ability to retain a charge, or due to an issue with the Headphones’ resistance to water, moisture, or sweat; and (2) the Claimant did not previously receive a replacement set of Headphones from any source or a refund from Plantronics or the retailer from which the Claimant purchased the Headphones for all or any portion of their purchase price. There shall be a limit of two (2) claims per Claimant.

Proof of purchase information can be satisfied by the Class Member submitting evidence (e.g., a receipt) or by purchase information obtained by Class Counsel from third party retailers (e.g., Amazon, Best Buy). The Settlement Administrator will review all claims, as necessary, to determine whether the information obtained from third-party retailers satisfies the proof of purchase requirement.

To file a claim online, please click here

B. $25 Cash Payment (Claimants Who Have Previously Received Replacement Headphones)

A Claimant who previously received a replacement set of Headphones from any source may make one (1), and only one Claim for benefits under this Alternative 3 benefit, and such Claimant is excused from the requirement to attest under penalty of perjury that they did not receive a replacement set of Headphones from any source.

To file a claim online, please click here

Your Legal Rights and Options in These Settlements
SUBMIT A CLAIM FORM BY DECEMBER 31, 2019 This is the only way to be eligible to receive a cash payment under this Settlement. If you are a Class Member, you will be bound by the Settlement and you will relinquish any Settled Claims that you may have against Plantronics. You do not need to submit a Claim Form if you qualify for the Extended Limited Warranty. However, if you receive a cash payment through this Settlement, you are not eligible to also receive the Extended Limited Warranty.
EXCLUDE YOURSELF FROM THE SETTLEMENT BY NOVEMBER 22, 2019 This is the only option that allows you ever to be part of another lawsuit against Plantronics about the claims resolved by this Settlement. If you exclude yourself from this Settlement, you will not be able to get any benefits from it, including that you will not receive any cash payment or extended warranty.
OBJECT TO THE SETTLEMENT BY SUBMITTING A WRITTEN OBJECTION NO LATER THAN NOVEMBER 22, 2019 If you wish to object to the proposed Settlement, the request for attorneys’ fees and reimbursement of litigation expenses, or Service Award to Named Plaintiff, you should write to the Court and explain why you object. You cannot object to the proposed Settlement unless you are a Class Member.
GO TO THE HEARING ON DECEMBER 20, 2019 AND FILE A NOTICE OF INTENTION TO APPEAR SO THAT IT IS RECEIVED NO LATER THAN NOVEMBER 22, 2019 Filing a written objection and notice of intention to appear by November 22, 2019 permits you to speak in Court at the Court’s discretion about the fairness of the proposed Settlement, including the request for attorneys’ fees, reimbursement of litigation expenses, and the Service Award to Named Plaintiff. If you submit a written objection, you may (but are not required to) attend the December 20, 2019 Fairness Hearing and, at the discretion of the Court, speak to the Court about your objection.
DO NOTHING If you are a Class Member and do not submit a Claim Form by December 31, 2019, you will not be eligible to receive a cash payment under this Settlement, and you will give up your right to ever be part of another Lawsuit against Plantronics about the legal claims resolved by this Settlement.

How Do I Make a Claim?

To be eligible for a cash payment from the Settlement, you must be a member of the Class and you must submit a timely and Valid Claim Form through this website no later than December 31, 2019, or execute and return by U.S. mail a completed Claim Form postmarked no later than December 31, 2019. If you are excluded from the Class by definition or file a request to opt-out of the Class or if you do not submit a timely and Valid Claim, you will not be eligible to share in the benefits of the Settlement. You do not need to submit a Claim Form if you qualify for the Extended Limited Warranty. However, if you receive a cash payment through this Settlement, you are not eligible to also receive the Extended Limited Warranty.


How Do I Get More Information?

For more details regarding the Settlement, you may contact the Settlement Administrator or Class Counsel at:


Settlement Administrator:
Headphone Settlement
c/o A. B. Data, Ltd.
PO Box 173083
Milwaukee, WI 53217
800-983-6533
info@headphonesettlement.com

Class Counsel:

Jeffrey S. Goldenberg
GOLDENBERG SCHNEIDER, LPA
One West Fourth Street, 18th Floor
Cincinnati, OH 45202
(513) 345-8291

James C. Shah
Ronald S. Kravitz
SHEPHERD, FINKELMAN,
MILLER & SHAH, LLP
201 Filbert Street, Suite 201,
San Francisco, CA 94133
(415) 429-5272

W.B. Markovits
Paul M. DeMarco
Terence R. Coates
Justin C. Walker
MARKOVITS, STOCK & DEMARCO, LLC
3825 Edwards Road, Suite 650
Cincinnati, OH 45209
(513) 651-3700


PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.