XHose Litigation Settlement
XHose Litigation Settlement
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The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency of Class Action and Settlement (the “Notice”), which you can access by clicking here.  Since this website is just a summary, you should review the Notice for additional information.

Please read all of the Notice carefully.  If the Court approves the proposed settlement, then you will be forever barred from contesting the fairness of the proposed settlement or pursuing the released claims.  Your legal rights may be affected based on your decision to act or not act.

  • The proposed settlement resolves a class action lawsuit (the “Action”) relating to Defendants’ products called the XHose, XHose Pro, and XHose Pro Extreme (collectively the “Covered Products”). The Action is called Bergman et al. v. DAP Products Inc. et al., and it is pending in the United States District Court for the District of Maryland, Court Case No. 14-cv-03205-RDB. The Action alleges that some of the advertisements for the Covered Products were false and misleading, that the Covered Products are defective, and that Defendants have breached express and implied warranties for the Covered Products. Defendants deny all allegations of wrongdoing and liability asserted in the Action. The Court has made no determination that any of the allegations are true, and has made no finding of liability or wrongdoing.
  • The Settlement provides cash payments or an extended warranty to Settlement Class Members who submit valid and timely Claim Forms.
  • The United States District Court for the District of Maryland (the “Court”), which is in charge of this Action, still has to decide whether to grant final approval to the Settlement. Payments will be made if the Court grants final approval to the Settlement and after any appeals are resolved.


Your  LegaL  rights  and  options  in this  settLement:

submit a CLaim Form

This is the only way to receive a payment or an extended warranty. The last day for submitting a claim is August 29, 2016.

exCLude YourseLF

Receive no monetary payment or extended warranty. This is the only option that allows you to file a lawsuit against Defendants about the Covered Products that asserts claims related to the allegations or claims in the Action. The exclusion deadline is June 20, 2016.

objeCt

Do not exclude yourself. Write to the Court and explain what you do not like about the Settlement. The objection deadline is June 20, 2016.

go to a hearing

Ask to speak in Court about the fairness of the Settlement. Your notice of intention to appear at the Final Approval Hearing must be postmarked no later than June 20, 2016.

do nothing

Receive no monetary payment or extended warranty. Give up rights to be part of any other lawsuit about the Covered Products that asserts claims related to the allegations or claims in the Action, except for claims for personal injury.



These rights and options - and the deadlines to exercise them - are explained in the Notice.

If you have questions, you may call the XHose Settlement Helpline at 1-866-545-1007, or by email at info@xhoseclasssettlement.com

 
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