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Primary plaintiff Regis Greenwood filed the Telebrands class action lawsuit in October of 2014. Greenwood alleged Telebrands implemented fraudulent advertising tactics to entice consumers into purchasing company products. According to class counsel, Telebrands guaranteed bonuses or free products whenever customers purchased certain Telebrands products. However, the lead plaintiff asserted that when he acted on the Telebrands offer, he ended up paying shipping, handling, and processing fees.
Greenwood argued in the class action lawsuit the Telebrands offer constituted deceptive and misleading advertising claims, which violated several provisions of the California False Advertising law. As the groundbreaking state consumer protection law in the United States, California False Advertising statutes contain clear language that forbids deceptive advertising tactics. Specifically, California consumer protection law prohibits companies from offering free gifts in exchange for customers paying shipping costs exceeding the average cost of postage or the exact cost of shipping products. Under California law, businesses must not charge excessive handling fees.
Terms of the class action settlement require Telebrands to set up a fund of $300,000, which distributes to eligible class members who submit valid and timely claim forms. Greenwood receives compensation as incentive for filing the class action lawsuit. Money also goes towards covering court costs and attorney fees. Telebrands continues to deny the allegations made in the class action lawsuit. However, the company decided to settle the case to avoid the high costs associated with protracted litigation.
What You Need To Know About The Telebrands BOGO False Advertising California Class Action Settlement
Eligible members of the Telebrands class action settlement “include all persons in California who between Oct. 16, 2010 and Dec. 1, 2011 purchased a product from Telebrands sold with an offer of a free or bonus product in connection with that purchase.” Covered Telebrands products include Crazy Critters, Windshield Wonder, Shoes Under, Lint Lizard, Chef Basket, and Pasta Boat. Eligible class members have until October 16, 2017 to opt out of the class action settlement or dispute any provisions of the agreement. The potential award is $5 per class member. Calculated on a pro rata basis, the potential award depends on the number of eligible class members who submit valid and timely claim forms.
Qualifying class members have until November 15, 2017 to submit a valid claim form. The judge presiding over the class action settlement case Greenwood v. Telebrands Corp., Case No. 14CV-0536, in the Superior Court of the State of California for the County of San Luis Obispo has scheduled the final hearing on January 25, 2018. To learn what transpired at the final hearing, visit the class action settlement website www.TelebrandsClassActionSettlement.com. The class action settlement website presents the list of attorneys who represent the class and defense counsels, as well as the latest updates concerning the amount of the potential award.