Skechers Toning Shoe Purchasers Looking at Refunds, Alleged Skechers Shape-Up Injury Victims Await Their Day in CourtSep 10, 2012 | Parker Waichman LLP
Consumers who purchased Skechers Shape-Ups and other Skechers toning shoes could soon see refunds, now that a judge has granted preliminary approval to a settlement that resolves charges that the company made unfounded fitness claims in its advertising for the shoes. The Skechers toning shoe refunds should go out sometime next year, following a March 19 fairness hearing to grant the agreement final court approval.
The Skechers toning shoes settlement only resolves lawsuits involving the company's advertising. Consumers who filed Skechers Shape-Ups injury lawsuits are still waiting to have their day in court. Last year, lawsuits alleging that the shoes’ rounded sole design could case falls and serious injuries were consolidated in a multidistrict litigation in the U.S. District Court for the Western District of Kentucky in Louisville. Plaintiffs in that litigation are seeking compensation for any number of serious injuries, including:
• Hip fractures
• Rolled/twisted ankles
• Broken bones
• Stress fractures
• Joint dislocation
• Fall related injuries
• Back strain
The Skechers toning shoes marketing claims are also pending in Louisville federal court, part of a consolidated litigation that involves some 70 lawsuits. If the settlement is approved, consumers who purchased Skechers toning shoes will be able to apply for refunds, with amounts determined by the types of shoes they bought. For example, consumers who purchased Skechers Shape-Ups will be eligible for as much as $80 per pair.
The settlement comes just three months after the maker of Skechers Shape-Ups reached an agreement with the U.S. Federal Trade Commission over its toning shoe advertising. Among other things, that settlement bars Skechers from running advertisements that claim the toning shoes can help people weight and strengthen their butt, leg, and stomach muscles.