Trek Bicycle is being sued for about $5 million by a consumer who says the company is making misleading claims that its Bontrager WaveCel helmets are safer than other brands. According to a news report, the lead plaintiff in the class-action lawsuit filed in the U.S. District Court for the Southern District of New York alleges that the WaveCel helmet technology was touted by the defendant as the most significant advancement in cycling in the last 30 years when it was released in early 2019.
Misleading Marketing Alleged
While standard foam helmets protect the head against direct impacts, the lawsuit says Trek markets WaveCel as a “revolutionary” technology that is effective at preventing concussions that occur as a result of bicycle accidents. It says Trek’s claim that WaveCel is up to 48 times more effective in providing head injury protection than its competitors is “false, deceptive and misleading.”
The lawsuit also states that the company sold more WaveCel helmets at higher prices than it would have without these misleading marketing statements, which resulted in additional profits at the expense of consumers. The WaveCel model helmets for children and adults range in price from $89.99 and $299.99.
False or Misleading Advertising
False or misleading advertising is prohibited under state and federal consumer protection laws. Consumer lawsuits relating to false or misleading advertising are typically brought as class actions by a large number of consumers deceived by a defendant company. Class action lawsuits also enable consumers whose personal losses would not justify an individual lawsuit to band with other consumers who have been victimized by the same manipulative or illicit tactics. These lawsuits penalize and hold corporations accountable for their illegal, unethical practices and help deter them from engaging in similar behavior in the future.
In such cases, courts may award monetary damages to plaintiffs as financial compensation for actual losses they have sustained. Courts may also order defendants to refrain from more false or misleading advertising in the future or require them to publish advertisements or notices that correct misleading or false information in previous ads.
Class action lawsuits are almost the last resort in the civil justice system for consumers who feel duped or cheated by large corporations. It is also one of the few ways in which average consumers can hold large corporations accountable. Our California class action lawyers are passionate about the pursuit of justice and protecting consumer rights. Please call our class action attorneys to obtain more information about pursuing your rights.