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Markovits, Stock & DeMarco Receives Preliminary Approval of $4.25 million Common Fund Settlement with Nautilus

by | Nov 16, 2021 | Class Action, Firm News

On November 16, 2021, United States District Judge Edmund Sargus granted preliminary approval of a class action settlement brought on behalf of certain treadmill purchasers alleging that Nautilus utilized misleading, inflated CHP (continuous horsepower) representations in conjunction with the sale and/or marketing of certain Nautilus, Bowflex, and Schwinn brand treadmills.

The preliminary approved settlement includes three settlement benefits for the class: (1) $4,250,000.00 non-reversionary common fund; (2) one-year subscription to Bowflex’s JRNY fitness app (valued at $150.00 per user per year); and (3) injunctive relief in the form of Nautilus agreeing to stop using the CHP representations in conjunction with the sale and/or marketing of its treadmills and/or include language clarifying the use of any horsepower representations in the future.

The Court appointed Plaintiff Robert Walker, an Ohio resident, as the class representatives, and approved Bill Markovits, Terry Coates, and Justin Walker of Markovits, Stock & DeMarco, LLC, Nate Prosser of Hellmuth & Johnson, and Bryan Bleichner and Jeff Bores of Chestnut Cambronne as Class Counsel for the plaintiff and class.

A copy of the Court’s order granting preliminary approval may be found here.

A copy of Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement may be found here. 

Please feel free to contact Markovits, Stock & DeMarco, LLC attorney Terry Coates in the event you have any questions about this settlement: (513) 665-0204 or t[email protected].