If you purchased a Tommie Copper product on or after April 11, 2011, you may benefit from a proposed class action settlement.
Please read this website carefully, your legal rights may be affected.
Update June 2018: The settlement has received final approval. We anticipate making payments by the end of this month. Note in the final ruling, the court modified the settlement agreement to limit reimbursement to a maximum of five products (see here). Due to the large number of claims, we anticipate payments to be in the vicinity of $1 per product.
Please read this notice carefully. A proposed settlement has been reached in a class action lawsuit. The lawsuit alleges violations of consumer protection and warranty laws, and claims that Tommie Copper Inc., Tommie Copper Holdings, Inc., Thomas Kallish, and Montel Williams (“Tommie Copper”) misrepresented the ability of copper-infused compression fabric sold under the “Tommie Copper” brand name to provide pain relief, accelerate recovery, and improve muscular power, strength, endurance, and injury management. Tommie Copper denies all of these allegations. The Court did not rule in favor of Plaintiffs or Tommie Copper. Instead the parties agreed to a proposed settlement in order to avoid the expense and risks of continuing the lawsuit
Detailed information about the Settlement Agreement is available in the frequently asked questions and court documents section of this website. You can also find a copy of the Class Notice issued by the Court.
|YOUR OPTIONS AND IMPORTANT DEADLINES IN THIS SETTLEMENT|
|SUBMIT A CLAIM FORM POSTMARKED
|This is the only way to receive a cash payment or voucher. You can file a claim form online here.|
|EXCLUDE YOURSELF FROM THE CLASS BY 3/19/2018||If you opt out of the settlement, you will not be eligible to receive the Settlement Benefits, but you will keep your right to sue on your own regarding any claims that are part of the settlement. You can file an opt-out form online here.|
|OBJECT OR COMMENT BY 3/19/2018||You may write to the Court about why you do, or do not, like the Settlement. You must remain in the class to comment in support of or in opposition to the settlement.|
|APPEAR IN THE LAWSUIT OR ATTEND
A HEARING ON 4/1/2018
|You may ask to speak in Court about the fairness of the settlement. You may enter your appearance in Court through an attorney at your own expense if you so desire.|
|DO NOTHING||If you do nothing, you will receive no reimbursement. You also give up your right to sue Tommie Copper on your own regarding any claims that are part of the settlement.|
The Court in charge of this case still has to decide whether to approve the settlement. The settlement benefits will be made available if the Court approves the settlement and after any appeals are resolved.
What is this case about?
The lawsuit alleges violations of consumer protection and warranty laws, and claims that Defendants misrepresented the ability of Tommie Copper Products to relieve pain, including arthritis and other chronic joint and muscular pain; aid in injury management; accelerate or speed muscle and joint recovery; and improve muscular power, strength, and endurance.
Tommie Copper denies it did anything wrong, and the Court has not made any ruling on the merits of the allegations of the lawsuit. Tommie Copper, however, has chosen to provide its customers with a cash payment and/or vouchers for Tommie Copper Products rather than spending additional money on litigation.
Am I a class member?
You are a Class Member if you purchased any Tommie Copper Products directly from Defendants though the internet, telephone or at the Tommie Copper retail location in Westchester, in the United States between April 11, 2011 and December 19, 2017, including:
- Crew Compression Socks
- Calf Compression Socks
- Back Braces
- Men’s Long Sleeve Compression Shirts
- Women’s Long Sleeve Compression Shirts
- Women’s Compression Tights
- Wrist Compression Sleeves
- Ankle Compression Sleeves
- Calf Compression Sleeves
- Elbow Compression Sleeves
- Knee Compression Sleeves
- Men’s Compression Under-Shorts
- Women’s Compression Shorts
- Men’s Compression Shirts
- Women’s Compression Shirts
- Half Finger Compression Gloves
- Full Finger Compression Gloves
Excluded from this definition are the following: (a) Tommie Copper employees, officers and directors, (b) persons or entities who purchased the Settlement Class Products for the purpose of re-sale, (c) retailers or re-sellers of the Settlement Class Products, (d) governmental entities, (e) persons who timely and properly exclude themselves from the Class as provided herein, (f) any natural person or entity that entered into a release with Defendant prior to the Effective Date concerning any of the Settlement Class Products, and (g) the Court, the Court’s immediate family, and Court staff.
What does the settlement provide?
Tommie Copper has agreed to create a cash settlement fund of $700,000. The fund will be used to pay class notice and administration costs, attorneys’ fees and expenses, Class Representative Incentive Awards, and cash payments to Class Members who submit a valid Claim Form.
The specific amount of cash that you may receive depends on the quantity of Tommie Copper Products you purchased, whether you have receipts, and the number of valid claims submitted.
You can choose to receive cash payments based on Tommie Copper product you purchased between April 11, 2011 and December 19, 2017, as follows:
- For Settlement Class Members who provide a copy of the receipt or a retail rewards submission memorializing the purchase of the Class Products or your purchases appear in Defendant’s records (collectively “Proof of Purchase”), Tommie Copper will issue a monetary refund of $10.00 for every Tommie Copper Product purchased.
- For Settlement Class Members who submit a valid Claim Form without Proof of Purchase, Tommie Copper will issue a monetary refund of $5.00 in cash. Settlement Class Members without Proof of Purchase can submit a maximum of one (1) claim, with a maximum of two (2) claims per household.
- Alternatively or in lieu of receiving a cash payment, Settlement Class Members may apply their cash recovery to an on-line purchase of Tommie Copper products at www.tommiecopper.com. Settlement Class Members who apply their cash recovery to a product purchase will receive a 40% enhancement of the cash recovery good toward the purchase of Tommie Copper products (the “Cash Recovery Enhancement”). For example, if a Settlement Class Member presents written proof of purchase for two Products for a total cash recovery of $20.00, the Settlement Class Member would be entitled to a $28.00 ($20.00 + 40%) credit to apply toward the purchase of Tommie Copper products.
Subject to Court approval, Tommie Copper will also pay an incentive award not to exceed $1,000 to each of the five Class Representatives in this lawsuit.
What happens now?
The Court will hold a hearing in this case on May 1, 2018, at 11:00 a.m., at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, 10007, in Courtroom 15D. At this hearing, the Court will determine whether to grant final approval of the settlement. If there are objections, the Court will consider them. The Court will listen to only those Class Members who have made timely written requests to speak at the hearing. You may appear at the hearing in person or through your attorney at your own cost, but you are not required to do so. This hearing may be rescheduled by the Court without further notice to you.