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SOURCE Blood Hurst & O’Reardon, LLP
SAN DIEGO, Jan. 13, 2014 /PRNewswire/ -- The following statement is being issued by Blood Hurst & O'Reardon, LLP regarding the Rosales v. FitFlop USA, LLC Settlement.
If You Purchased FitFlop™ Footwear, You May Be Entitled To Settlement Benefits
Para informacion en espanol, visite la pagina web, www.FitFlopSettlement.com
What Is This About?
A Settlement has been proposed in a class action lawsuit about FitFlop™-branded footwear with Microwobbleboard™ Technology sold through January 8, 2014. Consumers who bought the FitFlop™ Footwear may be entitled to a cash payment by submitting a claim. The lawsuit, which is entitled Rosales v. FitFlop USA, LLC, No. 3:11-cv-973-W-KSC (S.D. Cal.), alleges FitFlop USA, LLC falsely advertised the benefits of certain of its FitFlop™-branded footwear products. The Settlement is not an admission of wrongdoing. The Court has not decided who is right and who is wrong. Instead, the parties decided to settle the dispute.
To submit a claim, visit www.FitFlopSettlement.com.
Am I a Member of the Class?
You're a Class Member if you purchased for personal, family or household purposes FitFlop™-branded footwear with Microwobbleboard™ Technology in the United States between January 1, 2007 and January 8, 2014, inclusive. For a list of Eligible FitFlop™ Footwear visit www.FitFlopSettlement.com.
What Does the Settlement Provide?
Each Class Member who submits a valid claim may receive a cash refund for each pair of Eligible FitFlop™ Footwear purchased. Depending on the model you purchased, the amount per pair could be $25 or $40. These amounts could increase (up to the approximate average suggested retail price) or decrease depending on various factors, including the number of valid claims. Class Members may recover payment for up to two pairs of FitFlop™ Footwear by submitting a Claim Form under penalty of perjury. Class Members may receive cash for more than two pairs purchased by submitting Proof of Purchase for each pair. Defendant has agreed to pay $5.3 million into a Settlement Fund to pay the claims of Class Members, to pay for the costs of notice and settlement administration, and for Court-approved awards of Plaintiffs' attorneys' fees not to exceed 25% of the Settlement Fund ($1.325 million), plus reimbursement of expenses incurred (approximately $180,000), and Plaintiff service awards not to exceed $8,000 total. Any amounts remaining in the Settlement Fund will be paid to one or more non-profit organizations.
What are My Options?
To ask for cash and remain in the Class, you must mail, fax, or submit online a completed Claim Form by June 27, 2014. If you do not wish to participate in the Settlement, you may exclude yourself from the Class by March 29, 2014, or you may stay in the Class and object to the Settlement by March 29, 2014. Visit www.FitFlopSettlement.com for important information about these options.
Hearing on the Proposed Settlement
The Court will hold a Final Approval Hearing on April 28, 2014 at 10:30 a.m. to determine whether the proposed settlement is fair, reasonable, and adequate, to approve Attorneys' Fees and Expenses, and to approve any service awards for the Plaintiffs. The hearing date may be changed by the Court, and you should check www.FitFlopSettlement.com for updates. The Final Approval Hearing will take place at U.S. District Court, Southern District of California, 221 West Broadway, San Diego, CA 92101. You do not have to attend the hearing.
To get additional information, including the list of Eligible FitFlop™ Footwear and a copy of the detailed Notice and Claim Form, visit www.FitFlopSettlement.com or call 1-800-203-8691.
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