UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

John B. Kearney

keameyj@ballardspahr.com

Christopher N. Tomlin

tomlinc@ballardspahr.com

BALLARD SPAHR LLP

210 Lake Drive East, Suite 200

Cherry Hill, NJ 08002

Telephone: (856) 761-3400

Facsimile: (856) 761-1020

Sandra C. McCallion

smccallion@cohengresser. corn

Thomas E. Bezanson

tbezansoncohengresser. corn

Melanie A. Grossman

mgrossman@cohengresser.com

COHEN & GRESSER LLP

800 Third Avenue, 21st Floor

New York, New York 10022

Telephone: (212) 957-7600

Facsimile: (212) 957-4514

Attorneysfor Defendant LG Electronics USA, Inc.

x

DEBORAH MOULTON, individually and on

behalf of all others similarly situated,

2:11-cv-04073-JLL

Plaintiff

Document Electronically Filed

- against -

LG ELECTRONICS, INC. and LG

ELECTRONICS USA, INC.

Defendants.

— — — x

CERTIFICATION OF MELANIE A. GROSSMAN

Melanie A. Grossman, of full age, hereby certifies as follows:

U

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 1 of 11 PageID: 214
1. I am an attorney at law in the State ofNew York and am an associate at

the law firm Cohen & Gresser LLP, counsel for Defendant LG Electronics USA, Inc.

(“Defendant”) in the above-captioned matter.

2. I make this Certification in support of Defendant’s Motion to Dismiss the

Class Action Complaint for Failure to State a Claim Upon Which Relief May be Granted.

3. Attached hereto as Exhibit I is a true and correct copy of a document

entitled “LG Electronics, Inc. LCD Television Limited Warranty — USA.”

4. Attached hereto as Exhibit 2 is a true and correct copy of a document

entitled “LG Electronics, Inc. Display Limited Warranty — USA.”

5. Attached hereto as Exhibit 3 is a true and correct copy of a second

document entitled “LG Electronics, Inc. Display Limited Warranty — USA.”

I certify that the foregoing statements made by me are true and correct to the best

ofmy knowledge. I am aware that if any of the foregoing statements made by me are willfully

false, I am subject to punishment.

I

L’JA

MELANIE A. GROSSMAN

DATED: February 3, 2012

{}

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 2 of 11 PageID: 215
EXHIBIT 1 to

Certification of Melanie A. Grossman

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 3 of 11 PageID: 216
Your LG LCD Television will be repaired or replaced, at LG’s option, if it proves to be defective in material or work

manship under normal use, during the warranty period (‘Warranty Period”) listed below, effective from the date

(“Date of Purchase”) of original consumer purchase of the product. This warranty is good only to the original

purchaser of the product and effective only when used in the United States, excluding U.S. Territories.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE

EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS

WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER NOR ITS U.S. DISTRIBUTOR SHALL BE

LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY

NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OR CORRUPTED PROGRAMMING OR

DATA, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some states do

not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied

warranty lasts, so the above exclusion or limitation may not apply to you. This warranty gives you specific legal

rights and you may also have other rights that vary from state to state.

THIS LIMITED WARRANTY DOES NOT APPLY TO:

WARRANTY PERIOD HOW SERVICE IS HANDLED

LABOR: One Year from the Date of Purchase.

PARTS: One Year from the Date of Purchase.

Replacement Units and Repair Parts may be new or

factory remanufactured.

Please retain dealer’s dated bill of sale or delivery

ticket as evidence of the Date of Purchase for proof of

warranty, and submit a copy of the bill of sale to the

service person at the time warranty service is provided.

CONSUMER USER

period.

Replacement Units and Repair Parts are warranted for

the remaining portion of the original unit’s warranty

Please Call 1-800-243-0000 (24 hours a day, 365

days per year) for instructions on getting the defective

unit repaired or replaced.

Visit our website at:

http://www.lgservice.com

COMMERCIAL USER

Please Call (888) 865-3026 (Staffed during these

times Mon. - Fri. 8:00AM ‘ 5:00PM Central Standard

Time) for instructions on getting the defective unit

repaired or replaced.

Visit our website at:

http://www.lgcommercial.com

• damage caused in shipping or transit

• service required as a result of improper installation,

including incorrect or insufficient AC supply (please

consult the owner’s manual for power supply

requirements).

• installation or repair of antenna systems, cable

converters, cable company supplied equipment, or

other components in a video system

• set-up or adjustment on consumer controls, or damage

caused by improper adjustments

• damage caused by other system components

• any unit that has been modified or incorporated into

any other product

• replacement of batteries on the remote control.

• damage (including cosmetic damage), failure, loss or

personal injury due to misuse, abuse, negligence,

improper maintenance or storage, or to acts of

nature or other causes beyond our control. (Causes

beyond our control include but are not limited to

lightning strike, power surges, power outages and

water damage.)

• image burn-in

• repair or replacement of warranted parts by other

than an LGE authorized service centers.

• units purchased or serviced outside of the U.S.A.

• product where the original factory serial numbers

have been removed, defaced or changed in any way.

• product sold and labeled as “as is, where is” or similar

disclaimer.

The cost of repair or replacement under these excluded circumstances shall be borne by the consumer.

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 4 of 11 PageID: 217
LCD Television Limited Warranty — USA (continued)

CUSTOMER INTERACTIVE CENTER NUMBERS

CONSUMER USER

Please call 1-800-243-0000 (24 hours a day, 365 days per year)

and select the appropriate option from the menu.

To obtain Customer Assistance, Or visit our website at: http://wwwigservice.com

Product Information, or Dealer or

Authorized Service Center location: COMMERCIAL USER

Please call (888) 865-3026 (Staffed during these times Mon. - Fri.

8:00AM 5:00PM Central standard time) and select the appropriate

option from the menu.

Or visit our website at: http://www.lgcommercial.com

CONCERNING PIXEL FUNCTIONALITY: An LCD Television contains hundreds of thousands of individual pixels. LCD

displays typically contain a small number of pixels that do not function normally. Your display has been inspected and

is in compliance with manufacturer’s specifications, indicating that any pixel defects do not effect the operation or use

of your display.

BEFORE CALLING FOR SERVICE:

Please have your product model number, serial number and the date of purchase available.

Under some circumstances you may be asked to provide a reserve deposit to the LGE Service Center, using a credit

card number as surety for advanced shipment. Your credit card will not be charged if you return the defective unit

within 10 working days.

If a replacement unit is received, please use the carton and packaging from that unit in returning the defective unit

to the LGE Service Center.

Parts and service in accordance with the LGE warranty is our responsibility and will be provided without charge.

Other service requirements will be at the owner’s expense. If you have problems in obtaining satisfactory warranty

service, write or call the LGE Customer Interactive Service.

To assure proper credit and avoid unnecessary charges, you must obtain a Return Authorization before returning

any product to the Factory Service Center. Contact the Customer Interactive Center for details.

Service for your LGE Television is provided through LG Electronics Alabama, Inc., the authorized LGE Service Center

for the United States.

TO CONTACT LG ELECTRONICS BY MAIL:

LGE Customer Interactive Center

P. 0. Box 240007

201 James Record Road

Huntsville, Alabama 35824

AflN: CIC

LGE LCD Televisions are marketed and distributed in the United States by:

LG Electronics U.S.A., Inc., 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632

P/NO : 3840TWL056A (0704-REVO1)

Printed in Korea

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 5 of 11 PageID: 218
EXHIBIT 2 to

Certification of Melanie A. Grossman

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 6 of 11 PageID: 219
*

Your LG Display will be repaired or replaced in accordance with the terms of this warranty, at LGE’s

option, if it proves to be defective in material or workmanship under normal use, during the warranty

period (“Warranty Period”) listed below, effective from the date (“Date of Purchase”) of original consumer

purchase of the product. This warranty is good only to the original purchaser of the product and effective

only when used in the United States, excluding U.S. Territories.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING

WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED

IN DURATION TO THE EXPRESS WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER

NOR ITS US. DISTRIBUTOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,

SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST

PROFITS, LOST OR CORRUPTED PROGRAMMING OR DATA, OR ANY OTHER DAMAGE WHETHER

BASED IN CONTRACT, TORT, OR OTHERWISE. Some states do not allow the exclusion or limitation

of incidental or consequential damages or limitations on how long an implied warranty lasts, so the

above exclusion or limitation may not apply to you. This warranty gives you specific legal rights and

you may also have other rights that vary from state to state.

CONCERNING PIXEL FUNCTIONALITY: Your display contains about one million of individual pixels.

Your display typically contain a small number of pixels that do not function normally. Your display has

been inspected and is in compliance with manufacturer’s specifications, indicating that any pixel

defects do not effect the operation or use of your display.

IMPORTANT: Please fill out and mail in your Product Registration Card or go to www.lgservice.com

I www.lgcommercial.com to register your product online. This information will allow us to reach you

promptly should we discover a safety or reliability problem that could affect you.

WARRANTY PERIOD HOW SERVICE IS HANDLED

LABOR and PARTS: 2 YEARS from the Date

of Purchase. Your unit will be repaired or

replaced with a new, substitute model or factory

reconditioned unit, at LGE’s option. If repaired,

parts used in the repair may be new or remanu

factu red.

Replacement Units and Repair Parts are warranted

for the remaining portion of the original unit’s

warranty period.

Please retain dealer’s dated bill of sale or

delivery ticket as evidence of the Date of

Purchase for proof of warranty, and submit a

copy of the bill of sale to the service person at

the time warranty service is provided.

CONSUMER USER

Please Call 1-800-243-0000 (24 hours a

day, 365 days per year) for instructions on get

ting the defective unit repaired or replaced.

Visit our website at:

http: //www.Igservice.com EFFECTIVE DATE OF WARRANTY:

Your warranty period begins on the date of sale

to the original consumer/end user. KEEP THE

DEALER’S DATED BILL OF SALE OR PROOF OF

DELIVERY as evidence of the purchase date.

You will be required to submit a legible copy of

your bill of sale or proof of delivery when

requesting warranty service.

COMMERCIAL USER

Please Call (888) 865-3026 (Staffed during

these times Mon. - Fri. 8:00AM “ 5:00PM

Central Standard Time) for instructions on get

ting the defective unit repaired or replaced.

Visit our website at:

http://www.lgcommercial.com

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 7 of 11 PageID: 220
THIS LIMITED WARRANTY DOES NOT APPLY TO:

The cost of repair or replacement under these excluded circumstances shall be borne by the consumer

CUSTOMER INTERACTIVE CENTER NUMBERS:

CONSUMER USER

Please call 1-800-243-0000 (24 hours a day, 365 days per

To obtain Customer Assistance, year) and select the appropriate option from the menu.

Product Information, or Dealer Or visit our website at: http://www.lgservicecom

or Authorized Service Center COMMERCIAL USER

location: Please call (888) 865-3026 (Staffed during these times Mon.

- Fri. 8:00AM 5:00PM Central standard time) and select the

appropriate option from the menu.

Or visit our website at: http://www.lgcommercial.com

BEFORE CALLING FOR SERVICE:

• Please check your operating guide — you may avoid a service call.

For warranty service information, please contact the LGE Customer Interactive Center telephone

number.

• When calling for service, Please have your product model number, serial number and the date

of purchase or the date of original installation available

• If a replacement unit is required, under some circumstances you may be asked to provide a reserve

deposit to the LGE Service Center against a credit card number as surety for advanced shipment.

Your credit card will not be charged if you return the defective unit within 10 working days.

• If a replacement unit is received, please use the carton and packaging from that unit in returning

the defective unit to the LGE Brand Service Center.

• Parts and service in accordance with the LGE warranty are our responsibility and will be provided

without charge. Other service requirements will be at the owner’s expense. If you have problems in

obtaining satisfactory warranty service, write or call the LGE Customer Interactive Center. Service

may be provided by independently owned and operated service organizations.

• To assure proper credit and avoid unnecessary charges, you must obtain an LGE Return Authorization

before returning any product to the LGE Service Center. Contact the Customer Interactive Center for

details.

TO CONTACT THE LGE CUSTOMER SERVICE CENTER BY MAIL:

LGE Customer Interactive Center

P.O. Box 240007

201 James Record Road

Huntsville, Alabama 35824

ATTN: CIC

P/NO: 3840VA0042K (0704-REVO1)

Printed in Korea

• damage caused in shipping or transit

• service required as a result of improper

installation, including incorrect or insufficient

AC supply (please consult the owner’s manual

for power supply requirements).

• installation or repair of antenna systems,

cable converters, cable company supplied

equipment, or other components in a video

system

• set-up or adjustment on consumer controls, or

damage caused by improper adjustments

• damage caused by other system components

• any panel that has been modified or incorporated

into any other product

• replacement of batteries on the remote control.

• damage (including cosmetic damage), failure,

loss or personal injury due to misuse, abuse,

negligence, improper maintenance or storage,

or to acts of nature or other causes beyond our

control. (Causes beyond our control include

but are not limited to lightning strike, power

surges, power outages and water damage.)

• image burn-in

• repair or replacement of warranted parts by

other than an LGE authorized service centers.

• units purchased or serviced outside of the

coverage area.

• product where the original factory serial

numbers have been removed, defaced or

changed in any way.

• product sold and labeled as “as is, where is” or

similar disclaimer.

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 8 of 11 PageID: 221
EXHIBIT 3 to

Certification of Melanie A. Grossman

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 9 of 11 PageID: 222
*

Your LG Display will be repaired or replaced in accordance with the terms of this warranty, at LGE’s

option, if it proves to be defective in material or workmanship under normal use, during the warranty

period (“Warranty Period”) listed below, effective from the date (“Date of Purchase”) of original consumer

purchase of the product. This warranty is good only to the original purchaser of the product and effective

only when used in the United States, excluding U.S. Territories.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING

WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED

IN DURATION TO THE EXPRESS WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER

NOR ITS U.S. DISTRIBUTOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,

SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST

PROFITS, LOST OR CORRUPTED PROGRAMMING OR DATA, OR ANY OTHER DAMAGE WHETHER

BASED IN CONTRACT, TORT, OR OTHERWISE. Some states do not allow the exclusion or limitation

of incidental or consequential damages or limitations on how long an implied warranty lasts, so the

above exclusion or limitation may not apply to you. This warranty gives you specific legal rights and

you may also have other rights that vary from state to state.

CONCERNING PIXEL FUNCTIONALITY: Your display contains about one million of individual pixels.

Your display typically contain a small number of pixels that do not function normally. Your display has

been inspected and is in compliance with manufacturer’s specifications, indicating that any pixel

defects do not effect the operation or use of your display.

IMPORTANT: Please fill out and mail in your Product Registration Card or go to www.lgservice.com

/ www.lgcommercial.com to register your product online. This information will allow us to reach you

promptly should we discover a safety or reliability problem that could affect you.

WARRANTY PERIOD HOW SERVICE IS HANDLED

LABOR and PARTS: 1 YEAR from the Date of

Purchase.

PANEL: 2 YEARS from the Date of Purchase.

Your unit will be repaired or replaced with a

new, substitute model or factory reconditioned

unit, at LGE’s option. If repaired, parts used in

Please retain dealer’s dated bill of sale or

delivery ticket as evidence of the Date of

Purchase for proof of warranty, and submit a

copy of the bill of sale to the service person at

the repair may be new or remanufactured.

Replacement Units and Repair Parts are warranted

for the remaining portion of the original unit’s

warranty period.

the time warranty service is provided.

EFFECTIVE DATE OF WARRANTY:

Please Call 1-800-243-0000 (24 hours a

day, 365 days per year) for instructions on get

ting the defective unit repaired or replaced.

Visit our website at:

http://www.lgservice.com

Your warranty period begins on the date of sale

to the original consumer/end user. KEEP THE

DEALER’S DATED BILL OF SALE OR PROOF OF

DELIVERY as evidence of the purchase date.

You will be required to submit a legible copy of

your bill of sale or proof of delivery when

requesting warranty service.

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 10 of 11 PageID: 223
THIS LIMITED WARRANTY DOES NOT APPLY TO:

The cost of repair or replacement under these excluded circumstances shall be borne by the consumer.

CUSTOMER INTERACTIVE CENTER NUMBERS:

To obtain Customer Assistance, Please call 1-800-243-0000 (24 hours a day, 365 days per

Product Information, or Dealer year) and select the appropriate option from the menu.

or Authorized Service Center Or visit our website at: http://www.lgservice.com

location:

BEFORE CALLING FOR SERVICE:

• Please check your operating guide — you may avoid a service call.

For warranty service information, please contact the LGE Customer Interactive Center telephone

number.

• When calling for service, Please have your product model number, serial number and the date

of purchase or the date of original installation available.

• If a replacement unit is required, under some circumstances you may be asked to provide a reserve

deposit to the LGE Service Center against a credit card number as surety for advanced shipment.

Your credit card will not be charged if you return the defective unit within 10 working days.

• If a replacement unit is received, please use the carton and packaging from that unit in returning

the defective unit to the LGE Brand Service Center.

• Parts and service in accordance with the LGE warranty are our responsibility and will be provided

without charge. Other service requirements will be at the owner’s expense. If you have problems in

obtaining satisfactory warranty service, write or call the LGE Customer Interactive Center, Service

may be provided by independently owned and operated service organizations.

• To assure proper credit and avoid unnecessary charges, you must obtain an LGE Return Authorization

before returning any product to the LGE Service Center. Contact the Customer Interactive Center for

details.

TO CONTACT THE LGE CUSTOMER SERVICE CENTER BY MAIL:

LGE Customer Interactive Center

P.O. Box 240007

201 James Record Road

Huntsville, Alabama 35824

ATTN: CIC

P/NO 3840VA0042L (0802-REVOO)

Printed in Korea

• damage caused in shipping or transit

• service required as a result of improper

installation, including incorrect or insufficient

AC supply (please consult the owner’s manual

for power supply requirements).

• installation or repair of antenna systems,

cable converters, cable company supplied

equipment, or other components in a video

system

• set-up or adjustment on consumer controls, or

damage caused by improper adjustments

o damage caused by other system components

• any panel that has been modified or incorporated

into any other product

• replacement of batteries on the remote control.

• damage (including cosmetic damage), failure,

loss or personal injury due to misuse, abuse,

negligence, improper maintenance or storage,

or to acts of nature or other causes beyond our

control. (Causes beyond our control include

but are not limited to lightning strike, power

surges, power outages and water damage.)

• image burn-in

• repair or replacement of warranted parts by

other than an LGE authorized service centers.

• units purchased or serviced outside of the

coverage area.

• product where the original factory serial

numbers have been removed, defaced or

changed in any way.

• product sold and labeled as “as is, where is” or

similar disclaimer.

Case 2:11-cv-04073-JLL -MAH Document 33-2 Filed 02/03/12 Page 11 of 11 PageID: 224