Shop-Vac ‘Peak Horsepower’ Class Action Settlement

Shop-Vac and Lowe’s agreed to settle a class action lawsuit stemming over allegations that the companies misrepresent the tank capacity and horsepower of its wet/dry vacuums.

If you bought or acquired a Shop-Vac brand vacuum in the last ten years, you could be affected by this class action settlement.

The proposed settlement will resolve years of litigation that accused the vacuum manufacturer and home improvement store of misleading consumers into believing the strength and capacity of Shop-Vac vacuums are much greater than they actually are.

The Shop-Vac class actions lawsuits, that were combined into a multidistrict litigation in 2012, claimed that an independent laboratory test showed the wet/dry vacuums were able to generate only a small fraction of the advertised “Peak Horsepower.”

In addition, the lawsuits alleged that the same test concluded that Shop-Vac tank size was only 64 percent as large as the packaging indicated.

Lowe’s was included in the class action litigation because the store “sells a line of Shop-Vac vacuums with the company’s blue trade dress that contain” the same claims “on the boxes, as well as advertisements and buyer’s guides for its ‘Lowe’s Shop-Vacs.’”

Under the settlement, Shop-Vac consumers will automatically receive a two-year extended warranty on vacuum motors. Lowe’s typically sells warranty extensions that are valued between $6.97 and $29.99.

Both Lowe’s and Shop-Vac denied they engaged in deceptive and misleading practices but agreed to settle the class action lawsuit to avoid the uncertainty of going to trial.

Class Members will automatically receive benefits from this settlement unless they object or exclude themselves by Aug. 15, 2016.

Who’s Eligible

“Each person in the United States and its territories who, from January 1, 2006 to May 26, 2016, either (1) purchased a Vacuum, or (2) received a Vacuum as a gift, or (3) acquired possession of a Vacuum through other lawful means. Excluded from the Settlement Class is any person or entity who purchased or acquired a Vacuum for resale, all judges who have had any role in the Lawsuits, and the officers, directors and counsel of record of Defendants, and all employees of Defendants.”

Potential Award

The Shop-Vac class action settlement provides the following benefits:

• An extended two-year manufacturer’s warranty on Shop-Vac motors (above its current warranty)
• The term “Peak Horsepower” will be defined on product boxes, and other marketing materials, with an explanation that in actual use “Shop-Vac motors do not operate at the peak horsepower shown”
• Shop-Vac will change its “tank capacity legend” to include the phrase “Tank capacity refers to actual tank volume, and does not reflect capacity available during operation”
• During the warranty extension period, Shop-Vac will maintain a dedicated toll-free number and website for Class Members seeking warranty remedy under the settlement

Proof of Purchase

N/A.

Class Members will automatically receive the manufacturer’s warranty extension and other benefits listed above.

Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS»

Exclusion Deadline

08/15/2016

Case Name

In re: Shop-Vac Marketing and Sales Practices Litigation, MDL No. 2380, Civil Action No. 4:12-md-02380, in the U.S. District Court for the Middle District of Pennsylvania

Final Hearing

09/15/2016

Settlement Website

www.ShopVacPHPSettlement.com

Claims Administrator

Shop-Vac Wet/Dry Vacuum Class Settlement
PO Box 4129
Portland, OR 97208-4129
1-844-807-7711

Class Counsel

FARUQI & FARUQI LLP

LITE DEPALMA GREENBERG LLC

MILBERG LLP

Defense Counsel

Michael B. Shortnacy
SIDLEY AUSTIN LLP