Making false claims about a product in the State of Missouri can lead to a class action lawsuit, as Telebrands Corporation found out during negotiations to settle a class action lawsuit. Because of false and misleading product claims, consumers who bought the product called Amish Secret Handmade Wood Polish might qualify for class membership under a recently resolved class action lawsuit.
Primary plaintiff Joanne Miller filed a false advertising class action lawsuit in March of 2016 alleging defendant Telebrands Corporation violated at least one provision of the Missouri Merchandising Practices Act. Miller claims in the lawsuit that the defendant presented several false and misleading advertising statements that did not represent the quality of Telebrand’s Amish Secret Handmade Wood Polish. The lead plaintiff also submitted a separate product liability claim that eventually was resolved through a confidential settlement with the defendant.
The terms of the class action settlement include payments to qualifying class members who bought the Amish Secret Handmade Wood Polish during the designated class period. In addition to paying compensatory damages, Telebrands must also reimburse the primary plaintiff for attorney fees.
Telebrands denies any of the assertions included in the class action lawsuit. However, the company agreed to the false advertising class action settlement to avoid the high costs of a protracted civil court case.
What You Need To Know
Court documents confirm eligible class members “include all persons who between Jan. 1, 2014 and Dec. 31, 2016 purchased Amish Secret Handmade Wood Polish within the state of Missouri for their own personal, family or household use.” Eligible class members have until August 15, 2017 to opt out of the class action settlement or dispute any section of the agreement.
Class members who submit evidence of purchasing one of more bottles of Amish Secret Handmade Wood Polish can receive up to $10 for each bottle purchased. Eligible class members who do not submit a receipt as proof of purchase have a cap of $5 per bottle. The class action settlement limits the number of claims to one for every household. The deadline to file a valid claim is August 30, 2017. Receipts that demonstrate proof of purchase must accompany the claim form.
The judge presiding over the case called Joanne Miller v. Telebrands Corp., Case No. 1616-cv-06264, in the Circuit Court of Jackson County, Missouri has scheduled the final hearing on October 13, 2017. To learn more about what transpired at the final hearing, as well as updates for the settlement, visits the website, www.WoodPolishSettlement.com. Christopher S. Shank and David L. Heinemann of Shank & Moore LLC represent the class counsel in the Amish Secret Handmade Wood Polish settlement. The defense counsel consists of Natalie J. Kussart from Sandberg Phoenix & Von Gontard PC.
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