The lawsuit was filed by named plaintiff Jordana Lee Kopin, who represents all members of the class. The lawsuit claims that the defendants advertised infant and toddler car seat products (including the Orbit Baby, Inc. stroller system, car seat, bassinet, travel system, and including the individual components or accessories for each product) as being free of certain types of chemicals, such as brominated and chlorinated flame retardants or other unsafe chemicals, when in fact they are not.
The settlement class is comprised of consumers who (a) purchased a new Orbit Baby, Inc. infant or toddler car seat between April 26, 2012 and February 23, 2018 while residing in the State of California and (b) have not yet received a full monetary refund from Orbit Baby, Inc. for purchase of the car seat. In order to receive a settlement payment, consumers must submit a claim form and provide a copy of the receipt as proof of purchase for each car seat being claimed.
The Settlement Agreement provides that Defendants will pay $995,000.00 to a Settlement Fund for Class Members. This amount includes allocations for: (i) settlement payments to members of the Settlement Class; (ii) class representative service award for Plaintiff Kopin in an amount up to $7,500.00 to be requested from the court, (iii) all costs incurred by the Claims Administrator not to exceed $52,000.00 to be requested from the Court; and (iv) Class Counsel’s attorneys’ fees and costs.
At the Final Approval Hearing, the Court will be asked to approve the amount of the class representative service award, costs incurred by the Claims Administrator, and amount of attorneys’ fees and costs. Class Counsel will file an application for fees and costs which the Court will review. The Court will decide whether to give final approval to the settlement at a hearing scheduled for June 15, 2018.
The lawsuit is entitled Kopin v. Orbit Baby, Inc. and The ERGO Baby Carrier, Inc., Alameda County Superior Court Case No. RG16813239.