Consumer Fraud Class Actions

$9,000,000 – DeMarco v. National Collector’s Mint, 229 F.R.D. 73 (S.D.N.Y. 2005)

The settlement, on behalf of a class of 176,000 people, provided a full refund (equaling almost $9,000,000) to people who bought the Freedom Tower Silver Dollar from National Collector’s Mint, Inc. (NCM) between September 1, 2004 and May 31, 2005. The class complaint alleged that NCM misrepresented the authenticity of the Freedom Tower Silver Dollars it sold to consumers. The class also claimed that NCM violated the Hobby Protection Act 15 U.S.C. § 2101(b) and should have marked the Freedom Tower Silver Dollars they sold with the word “COPY”. The case was a matter of first impression in the United Stated District Court for Southern District of New York, and is now a published opinion in the Federal Reporters. September 2005.

$5,500,000 – Pandel v. Tristar Inc. et. al.

A $5,500,000 settlement was reached with defendant Tristar Inc. for a class of over 1 million purchasers, of the widely advertised electronic stimulated exercise belts called the Fast Abs. The settlement provided refunds to members of the class. The members of the class alleged that the marketers of Fast Abs falsely advertised that users would get “six pack” or “washboard” abs without exercise. August 2003.

$5,500,000 – Arnold & Tiefert v. Ambassadors International, et. al – Civil Action No. 01 2020(JEI)

A $5,500,000 valued settlement, (combination, of cash funds and vouchers) for a class of 10,000 students who were allegedly induced through misrepresentations and false advertising to participate in an international sports tournament which was promoted by defendants. June 2002

Window Inspection and Repairs for 1,175 Homeowners – Cooper v. Windowizards Inc. and OKNA Windows Corporation 09-cv-5509

Shabel & DeNittis was lead counsel in a consumer fraud class action against windows retailer Windowizards, Inc. and windows manufacturer OKNA Windows Corporation. In the settlement, defendants agreed to inspect and repair approximately 10,000 windows owned by 1,175 class members who live in New Jersey and purchased windows from the defendants between January 1, 2006 and July 31, 2009. The lawsuit claimed that Windowizards and OKNA made false statements and promises in the marketing literature used to sell the windows. Specifically, the marketing literature stated that the ComfortWeld Windows contained foam insulation in the window sashes and frames. The lawsuit alleged the windows did not contain foam insulation as promised by defendants.

$240,000 valued settlement. Dubler v. Aquahab

Shabel & DeNittis prosecuted several claims against defendant alleging several consumer law violations dealing with Aquahab’s health club service agreements. After litigating the matter for two years a class action settlement was struck wherein approximately class members received 1 month free health club services. January 2012.