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$5.3M FitFlop Consumer Fraud Class Action Settlement Reached

This is a settlement for the lawsuit.

San Francisco, CA: A $5.3 million settlement has been preliminarily approved by a California federal judge in the class action pending against FitFlop USA LLP. The consumer fraud class action alleges FitFlop engages in false advertising by claiming the shoes can tone and strengthen leg muscles.

Filed by Charlice Arnold and Arianna Rosales in 2011, the FitFlop class action alleges the "Microwobbleboard"technology causes the soles of the shoes to be unstable, which would presumably result in the wearers' working their leg muscles to maintain stability while walking and standing. FitFlop further claimed that these soles were "biomechanically engineered"to tighten and tone leg muscles.

However, the plaintiffs argued that FitFlop' "Get a workout while you walk"slogans were deceptive. The lawsuit claims FitFlop cited "unreliable scientific studies"that were not published in peer-review journals to supposedly back up their claims. "The health benefits claims are deceptive, and FitFlop Footwear is not proven to provide any of these benefits,"the FitFlop class action lawsuit states.

If granted final approval, the settlement would provide for reimbursement of the class members who purchased FitFlop shoes between 2007 and the data the class notice is issued. The shoes, which include the Electra, Oasis, Pietra and Walkstar brands, cost between $50 and $240 per pair.

According to the terms of the proposed settlement, eligible Class Members would receive an initial refund of $25 for the first pair of shoes, up to a maximum payment of $60, and $40 for the second pair of shoes, up to a maximum payment of $100. Class Members who can provide a receipt or proof of purchase may make claims for additional pairs of shoes.

The lawsuit is entitled Charlice Arnold, et al. v. FitFlop USA LLC, Case No. 3:11-cv-00973, in the U.S. District Court for the Southern District of California, and it is scheduled for a fairness hearing on April 28, 2014.

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Published on Dec-23-13


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