Important Update: If you submitted an Eligible Claim, settlement payments, which were calculated pursuant to Section IV.C.3 of the Stipulation of Settlement, were distributed on or before February 9, 2015. Please deposit or cash your check promptly, as all checks are stale within 90 days of being issued. If you have any questions about your payment, please contact the Settlement Administrator in writing at Rosales v. FitFlop USA, LLC, c/o GCG, P.O. Box 35109, Seattle, WA 98124-5109.
Overview Of The Settlement
If you purchased Eligible FitFlop Footwear in the United States between January 1, 2007 and January 8, 2014, you may be entitled to settlement benefits in a class action settlement.
The Settlement resolves a class action lawsuit claiming that FitFlop USA, LLC, FitFlop Limited, Brand Slam Ltd., and Marcia Dyann Kilgore (collectively, "Defendant") engaged in deceptive and unfair conduct in violation of California laws by advertising that its men's, women's and children's FitFlop-branded footwear products provide a variety of benefits ordinary footwear could not provide. Defendant denies all allegations, stands by its product and advertising campaign and is entering into this Settlement to avoid burdensome and costly litigation. The Settlement is not an admission of wrongdoing.
The Court did not decide in favor of Plaintiff or Defendant. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and settlement benefits go to the Class Members. The Class Representative and the attorneys think the Settlement is best for the Class Members.
What Are My Options?
|Claim Forms must have been submitted electronically or postmarked no later than June 27, 2014.|
|The deadline to exclude yourself was March 29, 2014. For more information about excluding yourself from the Settlement, review FAQ 7.|
|The deadline to object to the settlement was March 29, 2014. For more information about objecting to the Settlement, review FAQ 8.|
|If you do nothing, you will be part of the Settlement Class. You will not receive a cash payment from the settlement unless you file a valid and timely Claim Form. You won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the legal issues in this case.|
Final Approval Hearing
The Court held a Final Approval Hearing at 10:30 a.m. on April 28, 2014 in the Courtroom of the Honorable Thomas J. Whelan, United States District Court for the Southern District of California, 221 West Broadway, San Diego, CA 92101. At this hearing, the Court considered whether the Settlement was fair, reasonable and adequate. If there were objections, the Court considered them. Judge Whelan listened to people who asked to speak at the hearing. After the hearing, the Court decided to approve the Settlement. The Court also considered how much to award Class Counsel and the amount of the service awards for Plaintiffs. The Order Granting Final Approval can be found on the Court Documents page of this website.