Welspun has agreed to pay up to $36 million to consumers who purchased bed linens, comforters, towels, or pillowcases labeled as either being “Egyptian Cotton” or “Pima Cotton” to resolve a putative class action lawsuit alleging these items are improperly marketed.
If you purchased Welspun home textile cotton products between Jan. 1, 2012 and July 2, 2019, you could get up to $9.20 per item from this class action settlement.
Denise Hansen-Mitchell and her co-lead plaintiffs allege that Welspun falsely advertises its products as being “Egyptian Cotton” and “Pima Cotton” as a way to entice customers into paying more for items than they otherwise would.
Welspun denies that it mislabels its products and further claims that consumers did not pay a “premium” based on any misleading marketing or advertising on its behalf.
The settlement website indicates that the settlement was agreed upon by the defendants and plaintiffs because both parties see a “significant risk” in continuing with the litigation process.
Under the settlement agreement, Class Members who provide proof of purchase along with their Claim Form can receive up to $2.30 for each towel and pillowcase or up to $9.20 for all other covered products purchased during the Class Period.
Those who are unable to provide a receipt or other documentation with their Claim Form can expect to get up to $1.15 per towel or pillowcase and $4.60 for all other items bought during the Class Period.
In addition, consumers who have already received a refund for a Class product may receive a 10 percent discount voucher or a $5 credit for a future purchase if the Settlement Administrator has their valid mailing or email address.
Under the terms of the Welspun class action settlement, Welspun agrees to injunctive relief that an independent expert has verified is sufficient to validate that home textile products labeled as “Egyptian Cotton” can be traced back to a source in Egypt and that home textile products labeled as “Pima Cotton” can be traced to sources in the Southwestern United States, Australia, Peru, Israel, or to a licensed Supima® grower.
The deadline to object or ask to be excluded from the settlement passed on October 11, 2019.
Class Members include all U.S. consumers who purchased Welspun bed linens, comforters, pillowcases, and towels that were labeled as being “Egyptian Cotton” or “Pima Cotton” between Jan. 1, 2012 and July 2, 2019. A full list of covered products can be found here.
Up to $9.20 per product.
Tier 1 Members – are those who provide a proof of purchase along with their Claim Form. These Class Members can recover up to $2.30 for each towel or pillowcase purchased and up to $9.20 for all other covered products bought during the Class Period. There is no cap on the amount Tier 1 Members can claim per household.
Tier 2 Members – are those who cannot provide proof of purchase along with their Claim Form. These individuals can recover up to $1.15 for each towel and pillowcase and up to $4.60 for all other covered products bought during the Class Period. There is a $10.35 cap on the amount Tier 2 Members can claim per household.
Tier 3 Members – are those individuals who previously received a refund for their Welspun product and the Settlement Administrator has either a mailing or email address or who timely submit a Valid Claim. These Class Members who file a voucher request can get either a 10 percent discount or $5 credit toward a future purchase.
Proof of Purchase
Not required. However, Class Members who are able to submit a receipt or other documentation will receive up to $9.20 per product as opposed to a maximum of $4.60 per item.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Hansen-Mitchell, et al. v. Welspun USA Inc., et al., Case No. 19-L-0391, in the Circuit Court for the 20th Judicial Circuit, County of St. Clair, State of Illinois
UPDATE: The Welspun Egyptian – Pima Cotton Class Action Settlement was granted final approval on October 28, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Hansen-Mitchell, et al. v. Welspun USA Inc., et al.
c/o Heffler Claims Group
P.O. Box 58727
Philadelphia, PA 19102-8727
Bruce W. Steckler
STECKLER GRESHAM COCHRAN PLLC
Matthew H. Armstrong
ARMSTRONG LAW FIRM LLC
NELSON & NELSON, ATTORNEYS AT LAW PC
Atif Khawaja PC
KIRKLAND & ELLIS LLP
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