A federal judge cleared the way Monday for Vibram USA to begin settling a class action lawsuit alleging it used unsubstantiated claims about the health benefits of running in its FiveFingers shoes to increase their sale.
In an order filed Monday, federal Judge Douglas Woodlock of the U.S. District Court for the District of Massachusetts certified that a proposed $3.75 million settlement would apply to the entire class of persons who purchased FiveFinger shoes in the United States during the period covered by the settlement. The ruling means anyone who bought Vibram FiveFinger shoes in the United States on or since March 21, 2009 and whenever the claims administrator publishes a notice of settlement, have 95 days to either file a claim with administrator or opt out of the class to preserve their rights to sue Vibram over any FiveFingers related claims in the future.
The ruling also started the clock on a notification process which requires Vibram USA launch a website to accept claim applications within 10 days and advertise the site online via banner ads until it makes 300 million impressions.
The judge scheduled a fairness hearing for Oct. 29, 2014, when the court will determine whether to grant final approval of the settlement, including payment of about $1 million in legal fees from the settlement fund to plaintiffs’ counsel. Plaintiff's attorneys have estimated that members fo the class who properly submit claims will recover between $20 and $50 for each pair of shoes they purchased.
