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Online customers are requesting final approval of a $3.3 million class action settlement claiming they received telemarketing calls after purchasing Stompeez children’s slippers from the Quality Resources Inc. company website.
The customers filed a motion of approval with Chief U.S. District Judge Ruben Castillo on Tuesday.
This deal follows a $2.15 million settlement that was struck between consumers and the company in December 2016, over the same complaints of Telephone Consumer Protection Act violations.
If the proposed $3.3 million deal is approved, the total collected by the Class of consumers will add up to almost $5.5 million.
On average, Class Members would receive about $50 in payment from the proposed Stompeez class action settlement.
In support for the deal to be approved and for litigation to come to an end, counsel for the consumers noted that “at every turn of the litigation and in negotiations, defendants have denied liability and vigorously defended their position.”
Though the company did not admit any liability for the claims brought forward against them, they did not oppose the proposed Stompeez TCPA class action settlement.
The Stompeez telemarketing class action lawsuit was filed in 2013 by plaintiff Sarah Toney. Toney said that she purchased two pairs of Stompeez slippers online, and was asked to enter a phone number into the website.
She was allegedly told that the phone number would only be used if the company had questions about the order. However, she says that the company sold her contact information, causing her to receive unwanted telemarketing calls, despite the fact that her phone number is on the National Do Not Call Registry.
In her Stompeez TCPA class action lawsuit, Toney aimed to hold both Quality Resources Inc. and the company’s owner Cheryl Mercuris, liable for violating the Telephone Consumer Protection Act.
Toney’s first two attempts to verify a Class were denied, but in August 2017, U.S. District Judge Milton Shadur approved the Class of consumers. However, Quality appealed the Class certification decision in October 2017, causing the Seventh Circuit to reverse its decision. But, the consumers were again granted Class certification by Judge Castillo in February 2018.
If the $3.3 million deal is approved, Toney will receive $20,000 for her role as lead plaintiff, which would be in addition to the $15,000 she received from the previous settlement deal.
Class counsel have requested $1.1 million of the $3.3 million in attorneys fees. In the last settlement deal, they were paid $750,000 in attorneys fees.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
Toney and the Class Members are represented by Alexander H. Burke and Daniel J. Marovitch of Burke Law Offices LLC, Edward Broderick and Anthony I. Paronich of Broderick & Paronich PC and Matthew P. McCue of the Law Office of Matthew McCue.
The Stompeez Slippers Unwanted Telemarketing Class Action Lawsuit is Sarah Toney v. Quality Resources Inc., et al., Case No. 1:13-cv-00042, in the U.S. District Court for the Northern District of Illinois.
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2 thoughts onStompeez Customers Seek Approval of $3.3M Class Action Settlement
I received a check as “second payment” but never got a first payment. How can this be verified or when I was to receive first or any payment.
Me too.I got one for 6.49.what happened here.