MINNEAPOLIS, Nov. 9, 2013 -- Dahl Administration, LLC announces a settlement has
been reached in a class action lawsuit against Rawlings Sporting Goods Company, Inc., ("Rawlings") on behalf of consumers that purchased
Rawlings-Power Balance products between March 1, 2010 and October 11,
2013.
The products involved in this settlement are: Rawlings Power
Balance Bracelets (wristbands) that contain the brand name "Rawlings"
and a "Power Balance" logo, emblem or hologram; and Rawlings Power
Balance Non-Bracelet Products including necklaces, batting gloves,
catcher's equipment, and other apparel that contain the brand name
"Rawlings" and a "Power Balance" logo, emblem or hologram. Shortly after
"final" court approval of the settlement, Rawlings will distribute
refunds to consumers who, depending on the product, return their
products or provide proof of purchase. Eligible consumers of
Rawlings-Power Balance products may fill out an on-line claim form.
WHAT IS THIS CASE ABOUT?
The
plaintiffs claim that Rawlings violated consumer protection laws and
was unjustly enriched by making false and misleading claims to consumers
about the Rawlings Power Balance products. Rawlings denies these
claims. The Court did not decide in favor of plaintiffs or Rawlings.
Instead, both sides agreed to a settlement.
WHAT CAN YOU GET FROM THE SETTLEMENT?
You
may request refund for any authentic Rawlings Power Balance Bracelets
and or Rawlings Power Balance Non-Bracelet Products that you have
purchased since March 1, 2010. By going
to the settlement website you will be able to complete a claim form to
register for a refund. Refunds will be provided as follows:
i.
If you make a Valid Claim, return an authentic Rawlings Power Balance
Bracelet (wristband) and submit proof of purchase for the bracelet from
an authorized seller of authentic Rawlings Power Balance Products, you
will be entitled to receive up to 100% of the retail price for the
returned bracelet(s), plus shipping costs in the amount of $2.00 per bracelet.
ii.
If you make a Valid Claim, return an authentic Rawlings Power Balance
Bracelet, but do not submit proof of purchase for the bracelet from an
authorized seller of authentic Rawlings Power Balance Products (a list
of such sellers will be posted on the settlement website), you will be
entitled to receive $16.50 per bracelet, plus shipping costs in the amount of $2.00 per bracelet.
iii.
If you make a Valid Claim and submit proof of purchase for an authentic
Rawlings Power Balance Non-Bracelet Product (necklace, batting glove,
catcher's equipment, or other apparel) from an authorized seller of
authentic Rawlings Power Balance Products, you will be entitled to
receive $10.00 per product.
Rawlings will fund a Settlement Fund of at least $50,000 (the "guaranteed amount") and, if the valid claims exceed $50,000, up to a maximum of $130,000. If the total value of valid claims submitted by you and other claimants exceeds $130,000,
then the amount of reimbursement per product will be adjusted downward
on a pro rata basis. If the total value of the valid claims does not
exceed the guaranteed amount of $50,000, the unclaimed portion of the guaranteed amount will be distributed to charities.
Although
Rawlings previously discontinued making statements regarding the
ability of Rawlings Power Balance products to provide certain benefits,
it has also agreed to not to recommence making such claims again in the
future in the marketing and advertising of Rawlings Power Balance
products.
HOW DO YOU GET BENEFITS?
Simply go to the website, www.Rawl-PBSettlement.com, no later than January 8, 2014
to fill out a claim form. If the settlement is finally approved by the
Court, you will receive notice that you can return your Rawlings Power
Balance Bracelet (with or without proof of purchase) or submit a proof
of purchase for your Rawlings Power Balance Non-Bracelet Product by
printing out an address label.
Claims may be audited and only claimants returning authentic
Rawlings products will receive refunds. Products that are determined to
be not authentic Rawlings products will not be returned and shipping
costs will not be reimbursed.
WHAT ARE YOUR OTHER OPTIONS?
You can request to be excluded from the class by no later than January 6, 2014,
by filing a "Request for Exclusion," as explained in the detailed
notice at the website below. Persons submitting a valid claim for
exclusion shall neither participate in the benefits of the settlement,
nor have their claim extinguished upon final approval of the settlement.
You may object in writing no later than January 6, 2014 to any part of the settlement or a request by the lawyers for plaintiffs for fees and expenses of up to $90,000. The detailed notice explains how to send in an objection. The Honorable Madeline C. Arleo, United States, U.S.M.J., will hold a hearing in this case, called Steiner v. Rawlings Sporting Goods Company, Inc., Case No. 2:12-cv-02531, on January 27, 2014, at 11:00 a.m., at the United State Courthouse, 50 Walnut Street, Newark, NJ
07101, to decide whether to give final approval to the settlement, and
to consider the attorneys' request for fees. You or your lawyer may
appear at the hearing, at your own cost. If the settlement is approved,
Rawlings will be released from liability for all claims associated with
the litigation and you won't be able to sue, or continue to sue,
Rawlings for that liability. For more details, visit the settlement
website, www.Rawl-PBSettlement.com.
CONTACT: Jeffrey Dahl, (952) 562-3600, jdahl@dahladministration.com
SOURCE DAHL ADMINISTRATION, LLC
RELATED LINKS
http://www.rawl-pbsettlement.com
By press release
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