Thomas v. Global Vision Products, Inc. (Avacor Class Action Lawsuit)

Welcome to the Avacor Class Action Website

This site has been established to provide information regarding the class action lawsuit Thomas v. Global Vision Product, Inc, currently pending in the Superior Court of California, County of Alameda, Case No. RG-03-091195.

At the left side of this web page you will find links with additional information about the lawsuit, including a Procedural History of the case, the Case Documents, an Exclusion Request Form. There is also a link that can be used to Contact Class Counsel and to file a claim. This website may be updated periodically.

If you bought the Avacor® hair regrowth system, you could get a payment from a class action settlement.

A proposed settlement is pending in a class action lawsuit relating to the marketing and sale of the Avacor hair regrowth system.. The defendants include Global Vision Products, Inc., Anthony Imbriolo, David L. Gordon, Robert N. DeBenedictis (“DeBenedictis”), Henry Edelson and Powertel Technologies, Inc. This settlement is with Defendant DeBenedictis only but will release the class’s claims against Defendant Edelson as well.

ARE YOU AFFECTED?
You are a class member if you purchased Avacor from January 1, 2000 through April 12, 2007 while you were a California resident.

WHAT IS THIS CASE ABOUT?
This lawsuit is about whether the defendants violated California’s Unfair Competition Law and the California Consumers Legal Remedies Act by making unsubstantiated, false and misleading statements in connection with the marketing and sale of Avacor. The lawsuit also alleges that certain individual defendants used the corporate form of Global Vision Products, Inc. for fraudulent purposes.

WHAT DOES THE SETTLEMENT PROVIDE?
Class members who submit a timely and valid claim form will receive $190.00 in cash. DeBenedictis will transfer cash and assets to a Settlement Trust. The cash and assets so contributed by DeBenedictis will be used for the payment of valid and timely class member claims and administrative expenses, including expenses of notice and administration, attorneys’ fees and expenses and incentive awards. The settlement also provides for the payment by DeBenedictis of attorneys’ fees and expenses of up to $9,963,000.

WHAT ARE MY LEGAL RIGHTS
You have three options:

	• Remain in the settlement class. If you are a class member and you do not exclude yourself from the settlement class, you will be bound by the terms of the settlement and give up your right to sue regarding issues in this case. You will also have the right to file a claim for $190 in cash. Claims must be received by the settlement administrator on or before December 31, 2010. Claim forms, with instructions for filing, are available by clicking here.
	• Request to be excluded. The Court will exclude you from the settlement class if you mail a request for exclusion from here to Defendant’s Counsel and Class Counsel at the addresses below. Requests must be received by August 17, 2010.
	• Object to the Settlement. If you do not exclude yourself from the settlement class, you may object to it by yourself or through an attorney that you hire at your own expense. Objections must be written and mailed to the Court at Clerk of the Court, Alameda County Superior Court, 1225 Fallon Street, Oakland, CA 94612, and Class Counsel and Defendant’s Counsel at the addresses below. Objections received by August 17, 2010, will be considered at the fairness hearing. You will be bound by the terms of the settlement even if your objection is rejected. The Court will determine whether to approve the settlement at a fairness hearing held on September 16, 2010. If you filed an objection through an attorney, your attorney may appear at the hearing to explain your objection.

HOW CAN YOU GET MORE INFORMATION?
If you have questions or want a detailed notice or other documents about this lawsuit and your rights,contact the toll free hotline 866-820-0118, or write to: Avacor Class Action Settlement, P.O. Box 24389, Jacksonville, FL 32241-4389. You can also find additional information about the case at the Court’s website: http://www.alameda.courts.ca.gov/domainweb and by checking this website for updates.
Please do not contact the Court directly concerning this lawsuit.