General Discussion Triathlon Talk » Vibram Five Fingers Pays Damages to Customers Rss Feed  
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2014-05-07 7:35 PM

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Elite
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Subject: Vibram Five Fingers Pays Damages to Customers
Deadspin is reporting a settlement in the class action suit against Vibram for making claims that are not supported by testing.

I personally prefer shoes with cushioning. I understand that there are differing opinions.

The crux of the legal argument is the absence of research by Vibram to support their claims that Five Fingers "reduce foot injuries and strengthen foot muscles". Vibram does not admit to any wrongdoing as part of the settlement. They agree to refund the purchase price for each pair sold after March 21, 2009.

Here is the link.

http://fittish.deadspin.com/vibram-fivefingers-still-stupid-now-culpable-1572955736?utm_campaign=socialflow_deadspin_twitter&utm_source=deadspin_twitter&utm_medium=socialflow



2014-05-07 9:09 PM
in reply to: tech_geezer

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2014-05-08 9:50 AM
in reply to: tech_geezer

Expert
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Boise, ID
Subject: RE: Vibram Five Fingers Pays Damages to Customers

 

Very well written article...

2014-05-08 10:06 AM
in reply to: Fred D

Master
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Salt Lake City
Subject: RE: Vibram Five Fingers Pays Damages to Customers
Originally posted by Fred D

No doubt there was little evidence to support Vibrams claims, but I will suggest that class action lawyers will get the 'damages paid to them' and not so much the customers...


Yuuup. The consumers get up to two free pairs of rubber shoes. The lawyers surely get millions.
2014-05-08 11:10 AM
in reply to: Aarondb4

Elite
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Subject: RE: Vibram Five Fingers Pays Damages to Customers
Originally posted by Aarondb4

 

Very well written article...

Yes. One can detect the author's faint prejudice against Five Fingers. It is still the first news I heard of the settlement.
2014-05-10 12:31 AM
in reply to: tech_geezer


201
100100
Hereford, England
Subject: RE: Vibram Five Fingers Pays Damages to Customers
I brought a pair, not to run in! I had a knee injury, so Id never trust it unless it had some cushioning. But for general walking around town, and especially walking on grass, they are very comfortable!

However, can anyone see how to get a refund? Or is it just US only.


2014-05-10 7:48 PM
in reply to: Fred D

New user
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Subject: RE: Vibram Five Fingers Pays Damages to Customers
Originally posted by Fred D

No doubt there was little evidence to support Vibrams claims, but I will suggest that class action lawyers will get the 'damages paid to them' and not so much the customers...


What do you mean when you say the lawyers will get the damages paid to them? The lawyers are asking for $937,500, which is 25% of the $3,750,000 max settlement value, toward the lower end of what plaintiff's lawyers generally request in class actions, within the range that courts generally approve as reasonable, almost certainly came with risk of zero payment for the lawyers if they lost (therir fee petition won't be filed for several months, but they most likely took the case on contingency), and will need to be supported by time records. The other 75% of the $3.75mm is for the taking by the class.
2014-05-11 8:07 AM
in reply to: braciole

Pro
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Camp Hill, Pennsylvania
Subject: RE: Vibram Five Fingers Pays Damages to Customers

Originally posted by braciole
Originally posted by Fred D No doubt there was little evidence to support Vibrams claims, but I will suggest that class action lawyers will get the 'damages paid to them' and not so much the customers...
What do you mean when you say the lawyers will get the damages paid to them? The lawyers are asking for $937,500, which is 25% of the $3,750,000 max settlement value, toward the lower end of what plaintiff's lawyers generally request in class actions, within the range that courts generally approve as reasonable, almost certainly came with risk of zero payment for the lawyers if they lost (therir fee petition won't be filed for several months, but they most likely took the case on contingency), and will need to be supported by time records. The other 75% of the $3.75mm is for the taking by the class.

Not to answer for Fred, but the attorneys were almost certainly guaranteed payment, because they could be confident that the case would be settled out of court one way or the other with Vibram making some sort of payment.  As is the situation with the vast majority of class action suits, the attorneys received a sizable payment while the individuals of the suit receive what amounts to a very small amount.  This is especially true if someone was gullible enough to believe the marketing claims that they reduced injuries, then became injured because the minimalist shoes weren't appropriate for them, resulting in greater injuries and medical bills which they are not being compensated for through this sort of settlement.

 

2014-05-11 9:13 AM
in reply to: TriMyBest


24

Subject: RE: Vibram Five Fingers Pays Damages to Customers
Originally posted by TriMyBest

Originally posted by braciole
Originally posted by Fred D No doubt there was little evidence to support Vibrams claims, but I will suggest that class action lawyers will get the 'damages paid to them' and not so much the customers...
What do you mean when you say the lawyers will get the damages paid to them? The lawyers are asking for $937,500, which is 25% of the $3,750,000 max settlement value, toward the lower end of what plaintiff's lawyers generally request in class actions, within the range that courts generally approve as reasonable, almost certainly came with risk of zero payment for the lawyers if they lost (therir fee petition won't be filed for several months, but they most likely took the case on contingency), and will need to be supported by time records. The other 75% of the $3.75mm is for the taking by the class.

Not to answer for Fred, but the attorneys were almost certainly guaranteed payment, because they could be confident that the case would be settled out of court one way or the other with Vibram making some sort of payment.  As is the situation with the vast majority of class action suits, the attorneys received a sizable payment while the individuals of the suit receive what amounts to a very small amount.  This is especially true if someone was gullible enough to believe the marketing claims that they reduced injuries, then became injured because the minimalist shoes weren't appropriate for them, resulting in greater injuries and medical bills which they are not being compensated for through this sort of settlement.

 




That's not true. Most class action suits are on a contingent fee basis. The lawyers don't get paid unless the plaintiffs collect. That's how mass tort cases work.

And if you knew the amount of time and money paid up front on behalf of the lawyers, 25% is pretty reasonable.
2014-05-12 7:10 PM
in reply to: tech_geezer


79
252525
Subject: RE: Vibram Five Fingers Pays Damages to Customers
Too bad. When I started wearing mine they seriously improved my run pace over the course of a season. Not to mention they eliminated calf/hip pain that I was getting during long runs. They also diminished my wife's plantar fascia symptoms and so she is able to run again.

They may not have research, but in our eyes they have worked great.
2014-05-13 10:23 AM
in reply to: mcstrangelove

Veteran
345
10010010025
Chesapeake, VA
Subject: RE: Vibram Five Fingers Pays Damages to Customers
Originally posted by mcstrangelove

Too bad. When I started wearing mine they seriously improved my run pace over the course of a season. Not to mention they eliminated calf/hip pain that I was getting during long runs. They also diminished my wife's plantar fascia symptoms and so she is able to run again.

They may not have research, but in our eyes they have worked great.


X2


2014-05-13 11:17 AM
in reply to: tech_geezer


631
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Subject: RE: Vibram Five Fingers Pays Damages to Customers
I think it is the same as Cheerios where they made claims about cholesterol and heart disease. w/o the properr scientific test you cannot make the claims.
2014-05-13 11:29 AM
in reply to: tech_geezer

Expert
1049
100025
Jacksonville, FL
Subject: RE: Vibram Five Fingers Pays Damages to Customers
It seems to me that many of the products that triathletes are using, such as nutrition, make lots of claims as to their effectiveness. Many use the pros as spokespersons claiming that it improved their speed, race times, etc. As consumers we should always look into the research to determine the validity.
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