Vibram FiveFingers Running Shoes Class Action Settlement

Vibram USA Inc. has agreed to settle three class action lawsuits alleging the company falsely advertised certain benefits associated with its FiveFingers running shoes. If you purchased certain models of Vibram FiveFingers footwear in the United States between March 21, 2008 and May 27, 2014, you could be entitled to benefits from the Vibram class action settlement.

The FiveFingers class action lawsuits allege that Vibram violated certain state laws and consumer protection statutes in connection with the marketing and sale of its FiveFingers footwear. The plaintiffs allege that Vibram misrepresented the benefits of wearing FiveFingers footwear, and that the FiveFingers footwear did not provide the benefits advertised. According to the class action lawsuits, Vibram falsely advertised the FiveFingers footwear as having the ability to improve posture, reduce the risk of injury and strengthen muscles. The plaintiffs allege that the running shoes may actually be more risky than running barefoot and can increase runners’ risk of injury because the shoes change the way they run.

Vibram denies all wrongdoing but has agreed to settle the FiveFingers class action lawsuits to avoid the expense and uncertainty of litigation.

Who’s Eligible

Class Members of the Vibram FiveFingers settlement include consumers who bought eligible FiveFingers footwear in the United States from March 21, 2008 up to and including May 27, 2014. Class Members who purchased any of the following FiveFingers footwear during this time period may be eligible for benefits under the Vibram class action settlement:

• Alitza
• Bikila
• Bikila EVO
• Bikila EVO WP
• Bikila LS
• Classic
• Classic Smartwool
• EL-X
• Estrada
• Flow
• Fresca
• Jaya
• Komodo Sport
• Komodo Sport LS
• KMD Sport
• KMD Sport LS
• KSO
• KSO EVO
• KSO Trek
• Lontra
• SeeYa
• SeeYa LS
• SeeYa LS Night
• Signa
• Speed
• Speed XC
• Sprint
• Spyridon
• Spyridon LS
• Spyridon MR
• Trek LS
• TrekSport
• TrekSport Sandal
• V-On
• Vybrid Sneak

Potential Award

Class Members are expected to receive $20-$50 per pair of FiveFingers footwear purchased.

Under the terms of the FiveFingers class action settlement, Vibram has agreed to create a settlement fund of $3.75 million. The relief to be provided to eligible Class Members for each pair of FiveFingers footwear purchased shall be paid on a pro rata basis, depending on how many claims are submitted. It is estimated that Class Members will receive a payment in the range of $20-$50 per pair, but that amount could increase up to a maximum of $94 depending on the number of claims submitted.

Proof of Purchase

No proof of purchase is required for Class Members who submit a claim for two pairs of eligible FiveFingers footwear or less. Class Members submitting claims for more than two pairs of eligible Five Fingers footwear must include proof of purchase for any additional pairs.

Claim Form

Claim Form Deadline

9/24/2014

Case Name

Valerie Bezdek v. Vibram USA Inc., et al., Case No. 1:12-cv-10513-DPW, in the U.S. District Court for the District of Massachusetts; De Falco v. Vibram USA Inc., et al., Case No. 1:13-cv-10764-DPW, in the U.S. District Court for the District of Massachusetts; and Safavi v. Vibram USA Inc., et al., Case No. 12-5900-BRO-JCG, in the U.S. District Court for the Central District of California

Final Hearing

10/29/2014

Settlement Website

www.FiveFingersSettlement.com

Claims Administrator

Vibram FiveFingers Class Action
Settlement Administrator
P.O. Box 449
Philadelphia, PA 19105-0449
1-844-491-5740

Class Counsel

Janine Pollack
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

Defense Counsel

Christopher Morrison
JONES DAY

UPDATE: The Final Fairness Hearing for the Vibram FiveFingers settlement was held on Oct. 29, 2014 and the plaintiffs have asked the judge to grant final approval to the deal. On Nov. 19, 2014, an objection was filed with the court and may delay the final approval of the class action settlement. The objector argues that the FiveFingers settlement is unfair to Class Members because they would receive benefits that are of substantially less value than was estimated in the notice.

UPDATE 2: On Dec. 31, 2015, the 1st U.S. Circuit Court of Appeals upheld the Vibram FiveFingers class action settlement, finding that the payout to Class Members is fair even if they will receive a far smaller refund than was estimated in the Class Notice.

UPDATE 3: As of June 14, 2016, the Settlement Administrator toll free number has been updated with the following information: ” Settlement checks are in the process of being mailed to approved claimants.  Please be patient as it can take time for the checks to be delivered.  If you have not received your check by June 22nd, please use the Contact page of the website to let us know.”  Top Class Actions will continue to provide updates as we learn more. Keep checking back and let us know when you receive a check in the comments section below or on our Facebook page.

UPDATE 4: On June 15, 2016, Top Class Actions readers who submitted timely and valid claims for the Vibram FiveFingers settlement began receiving checks worth as much as $20.21!