Los Angeles, CA: A proposed $2.3 million class action settlement has been reached involving New Balance Toning Shoes. The consumer fraud lawsuit claims that New Balance violated certain state laws regarding the marketing and sale of its Toning Shoes. New Balance denies it did anything wrong. The Court did not decide which side was right. Instead, the parties have decided to settle.
You may be a Class Member if you purchased the toning shoes listed below from New Balance and/or its authorized retailers and/or wholesalers from January 1, 2010 until August 29, 2012.
The model names of the Toning Shoes are:
What Does This Settlement Provide?
A settlement fund of $2.3 million has been set up to pay (i) claims to eligible Class Members, (ii) a portion of the costs of settlement notice and administration, and (iii) incentive payments to the named plaintiffs. New Balance is also agreeing to refrain from certain practices and separately pay attorneys' fees and costs, and the other portion of the costs for settlement notice and administration.
What Are Your Options?
Do nothing: You get no payment. You give up your rights.
Submit a claim form: This is the only way to get a payment. The Claim Form must be completed and electronically submitted no later than February 25, 2013 or mailed postmarked no later than February 25, 2013. A claim may be submitted for each pair of eligible shoes purchased.
Exclude yourself: You get no payment under the settlement. This is the only choice that will allow you to sue New Balance on your own about the claims discussed in the Notice. An exclusion request must be in writing and mailed to the Class Action Settlement Administrator postmarked on or before November 26, 2012 .
Object to the settlement: You can write to the Court about why you do not agree with any aspect of the settlement. An objection must be in writing and filed with the Court and served on the Parties on or before November 26, 2012. The case is Carey, et al. v. New Balance Athletic Shoe, Inc., Case No. 11-cv-10001-LTS Please go to newbalancesettlement.com for further details.