The Boston Globe (8/14/12) reports that US District Judge Thomas B. Russell has set a fairness hearing for March 19th of next year to finalize the settlement. Between then and now, the settlement has to be advertised. As well, says the Globe, consumers who have a claim against the company and who qualify for a refund will be afforded ample opportunity to object to any terms of the settlement and opt out, if they so choose.
Those who opt out, it is presumed, could move forward with a separate Skechers lawsuit.
According to MSNMoney (5/16/12), the agreement covers shoes purchased from August 1, 2008 and includes Shape-ups rocker-bottom shoes, Resistance Runner, Shape-ups Toners/Trainers and Tone-ups shoes. Consumers have an eight-month window during which to file. Once that window is closed, proponents of the settlement can determine how much of the $40 million will go to each consumer submitting a claim.
That's part of the reason for the hearing in March. The Globe reports that maximums will likely be $80 per pair of Shape-Ups; $84 per pair of Resistance Runner shoes; up to $54 per pair of Podded Sole Shoes; and $40 per pair for Tone-Ups.
Consumers were led to believe that use of Skechers toning shoes could improve their fitness and help them lose weight simply by wearing them, a claim many trainers and fitness experts have dismissed as rubbish.
Some consumers have sustained serious Skechers injuries from using the shoe.
The Globe reports the settlement covers more than 70 Skechers lawsuits that have since been consolidated in federal court in Louisville, Kentucky.
The manufacturer, it has been variously reported, has denied any wrongdoing but agreed to settle in an effort to avoid lengthy litigation expected from the consolidated Skechers Shape-up lawsuit.