Bechtel v. Fitness Equipment LLC

Frequently Asked Questions

1. BASIC INFORMATION

1. What is this lawsuit about?

   The Plaintiffs in this case filed a class action lawsuit against the Defendant alleging that Sole made misrepresentations regarding the horsepower of its treadmills. Plaintiffs allege that the horsepower of these Treadmills when used at a consumer's home differed from what was advertised and that as a result Plaintiffs paid more than they otherwise would have if they had known the horsepower was lower than represented. Defendant Sole has at all times disputed, and continues to dispute, Plaintiffs' allegations in the Lawsuit and denies any liability for any of the claims that have been raised or could have been raised in the Lawsuit by Plaintiffs or the Class Members. After considerable litigation, and substantial negotiation, the Parties have arrived at a settlement.

2. What is a class action?

   In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. In this case, the class representatives are Laura Bechtel and Troy Thoennes. One court resolves the issues for all class members, except those who exclude themselves from the class. The Honorable Karen L. Litkovitz, United States Magistrate Judge for the Southern District of Ohio—Western Division, has jurisdiction over the case in which the Parties have submitted this Settlement for approval.

3. Why is there a settlement?

   The Court did not decide in favor of the Plaintiffs or Defendant. Instead, both sides agreed to a settlement. Through the Settlement, Plaintiffs and Defendant each avoid the substantial cost of protracted litigation and possibly even trial, and substantial settlement benefits go to the Class Members. The Class Representatives and Class Counsel believe the Settlement is in the Class's best interest given the cost and risk of further litigation compared against the substantial benefits Class Members will receive.

4. I received a postcard in the mail. Why did I receive this?

   If you received a direct notice either via postcard or by email containing a notice about this Lawsuit, you were identified as a potential Class Member who may be eligible to receive benefits under this Settlement.

   The Court directed that a notice be sent to you because, as a potential Class Member, you have a right to know about your options before the Court rules on the proposed Settlement.

   The postcard and email notice are abbreviated notices. Please review the longer Settlement Notice, available here which explains the Lawsuit, the Settlement, your legal rights, what benefits are available to Class Members, who is eligible for them, and how to get them. Please read the Notices carefully.

   The United States District Court for the Southern District of Ohio—Western Division has jurisdiction over this proposed Settlement.

5. I did not receive a postcard in the mail but heard about this lawsuit from another source.

   Please review these FAQs for more information about who may be eligible to participate in this class action settlement. If you believe that you are a potential Class Member, please follow the instructions for submitting a Claim Form, which you may do electronically on this website by clicking here. If you are unable to file a claim online, you may also download a claim form from the Important Documents page of the Settlement website and submit the claim by mail. Instructions for mailed submission are contained on the claim form.

   If you are unsure whether you are a Class Member, you can contact the Settlement Administrator via email at Info@SoleTreadmillSettlement.com, by phone toll-free at 1-844-999-4667 or by mail to:

   Sole Treadmill Settlement
   1650 Arch Street, Suite 2210
   Philadelphia, PA 19103

6. WHO IS IN THE SETTLEMENT?

6. How do I know if I am part of the settlement?

   You may be a Class Member if you own a qualifying Sole Treadmill purchased on or after August 30, 2015 until February 21, 2022, in Ohio and Minnesota, or from December 2, 2017 until February 21, 2022, in the rest of the United States and its territories.

7. Who is not included in the class?

   The Class does not include Defendant and its officers, directors, and employees, Class Counsel and their partners, associates, lawyers, and employees; and the judicial officers and their immediate family members and associated Court staff assigned to this case.

8. I'm still not sure if I am included.

   If you are still not sure whether you are included, you can review the relevant Court pleadings available on the Important Documents page of this website for more information, or you can contact the Settlement Administrator. See FAQ 5 for contact information.

9. THE SETTLEMENT BENEFITS – WHAT YOU GET

9. What does the Settlement provide?

   Settlement Class Members who submit a valid Claim Form as described in FAQ 10 will be eligible to receive benefits depending on their circumstances. Owners of qualifying Sole Treadmills will be eligible to receive a pro rata share of the $3,650,000 Common Fund (after fees, expenses, and administration costs), and a transferable $100 Sole gift card that can be used toward the one-time purchase of a product from Sole's website (www.soletreadmills.com) subject to certain date restrictions. Furthermore, the proposed Settlement affords injunctive relief to the Class in that Defendant has agreed to stop utilizing the continuous horsepower representations at issue in this case and to include a disclaimer to accompany any horsepower representation published in connection with Defendant's future sale and/or marketing of its treadmills.

   The Settlement also provides for Attorney's Fees and Expenses, Service Awards to each of the two Class Representatives, and Settlement administration costs.

10. How can I get the settlement benefits?

    Eligible Class Members must submit a Claim Form in order to qualify for the pro rata share of the Common Fund and the $100 gift card. Claim Forms must be submitted on this website by clicking here no later than 11:59 p.m. PST on July 26, 2022. You may also print out a hard copy of the Claim Form from the Important Documents page of the Settlement Website and mail it to the Settlement Administrator at the address on the Claim Form so that it is received by no later than July 26, 2022.

    The entire Claim Form must be filled out completely and meet the requirements of a valid Claim Form set forth in the Settlement Agreement in order for you to receive a benefit.

11. When would I get my benefit?

    The Court will hold a Settlement Fairness Hearing on at 9:00 a.m. on September 21, 2022, to decide whether to approve the Settlement.

    If Magistrate Judge Litkovitz approves the Settlement, there may still be appeals. It is always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. It also takes time for the Claim Forms to be processed.

12. What am I giving up if I remain in the Class?

    Unless you exclude yourself, you stay in the Class, and that means that you can't sue, continue to sue, or be part of any other lawsuits against Defendant about the legal issues in this case.

13. EXCLUDING YOURSELF FROM THE SETTLEMENT

    If you don't want to be eligible for the share of the $3,650,000 common fund and the $100 Sole gift card, and you want to keep any right you may have to sue or continue to sue Defendant about the legal issues in this case, then you must take steps to remove yourself from the Class. This is called excluding yourself and sometimes referred to as "opting out" of the Class.

13. How do I get out of the settlement?

    To exclude yourself from the Settlement, you may download an Opt-Out Form available on the Important Documents page of this website complete and sign the form and mail it to the Settlement Administrator. You may also send a letter stating, "I want to be excluded from the Settlement Class in Laura Bechtel, et al. v. Fitness Equipment Services, LLC dba Sole Fitness, Case No. 1:19-cv-00726." Your Opt Out Form or letter request for exclusion must be mailed to the Settlement Administrator at the below address so that it is received by no later than June 27, 2022.

    Class Action Opt Out
    Sole Treadmill Settlement
    PO Box 58220
    Philadelphia, PA 19102

14. What is the effect if I exclude myself from this settlement?

    If you request to be excluded, you will not receive a pro rata share of the Common Fund or the gift card. Also, you cannot object to the Settlement. You will not be legally bound by anything that happens in the Action. You may be able to sue Defendant in the future about the legal issues in the case.

15. If I don't exclude myself, can I sue Defendant for the same thing later?

    No. Unless you exclude yourself, you give up your right to sue Defendant for the claims that this settlement resolves. You must exclude yourself from this Class to pursue your own lawsuit. Remember, your exclusion request must be received by no later than June 27, 2022.

16. If I exclude myself, can I receive the money or the gift card from the Settlement?

    No. If you exclude yourself, do not send in a Claim Form to ask for a share of the Common Fund and the gift card. You may exercise any right you may have to sue, continue to sue, or be part of a different lawsuit against Defendant and other released parties.

17. THE LAWYERS REPRESENTING YOU

17. Do I have a lawyer in this case?

    The Court appointed W.B. Markovits and Terence Coates of Markovits, Stock & DeMarco, LLC, and Nathan Prosser of Hellmuth & Johnson, PLLC, to represent the Class as Class Counsel. You will not be charged for Class Counsel. The Court will determine the amount of Class Counsel's fees and costs, which will be paid from the Common Fund as part of the Settlement. If you want to be represented by your own lawyer, you may hire one at your own expense.

18. How will the lawyers be paid?

    Class Counsel will request from the Court an award of attorneys' fees in the amount of one-third of the Common Fund, plus reimbursement for reasonable litigation expenses and costs totaling not more than $130,000. Class Counsel will also ask for $5,000 Service Awards to be paid to each of the two Class Representatives. Class Counsel's fees and costs, and the Service Awards as awarded by the Court, will be paid from the Common Fund. You have the right to object to the requested fees and costs, and Service Awards. The costs to administer the Settlement will also be paid from the Common Fund.

    Class Counsel will file a Fee Application for an award of Attorneys' Fees and Expenses, including Administrative and Notice Expenses, no later than September 7, 2022. Once filed with the Court, a copy of this Fee Application will be available on the Important Documents page of this website

    Class Members are not personally liable for any attorneys' fees or expenses.

19. OBJECTING TO THE SETTLEMENT

    You can tell the Court that you don't agree with the Settlement or some part of it.

19. How do I tell the Court if I don't like the settlement?

    Any Class Member who does not submit a request for exclusion from the Class may object to the proposed Settlement, or Class Counsel's motion for an award of attorneys' fees and reimbursement of litigation expenses. Objections must be in writing postmarked no later than June 27, 2022. To object to the Settlement, you must give reasons why you think the Court should not approve it. The Court will consider your views before making a decision. In order to have your objection considered, you or your attorney must mail the written objection to the Court. Your objection must contain: (a) the full name, address, telephone number, and email address of the objector; (b) the serial number(s) for the objector's Treadmill(s); (c) a written statement of all grounds for the objection accompanied by any legal support for such objection; (d) copies of any papers, briefs, or other documents on which the objection is based; (e) a list of all cases in which the objector and/or objector's counsel had filed or in any way participated in— financially or otherwise—objection to a class action settlement in the preceding five years; (f) the name, address, email address, and telephone number of all attorneys representing the objector; (g) a statement indicating whether the objector and/or the objector's counsel intends to appear at the Fairness Hearing, and, if so, a list of all persons, if any, who will be called to testify in support of the objection; and (h) the objector's signature. Class Members who fail to make objections in the manner specified in this Section will be deemed to have waived any objections and will be foreclosed from making any objection to the Settlement or this Agreement (whether by appeal, collateral proceeding, or otherwise).

    Your objection must be filed with the Court no later than June 27, 2022 at the following address:

    Office of the Clerk
    Potter Stewart U.S. Courthouse Room 103
    100 East Fifth Street
    Cincinnati, OH 45202

20. What's the difference between objecting and excluding?

    Objecting is simply telling the Court that you don't like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don't want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

21. THE COURT'S SETTLEMENT HEARING

    The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you don't have to.

21. When and where will the Court decide to approve the Settlement?

    The Court will hold a Settlement Fairness Hearing at 9:00 a.m. on September 21, 2022, at Potter Stewart U.S. Courthouse, Room 716, 100 East Fifth Street, Cincinnati, OH 45202. At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections that were received by the deadline, the Court will then consider them. Magistrate Litkovitz will listen to Class Members who have asked to speak at the hearing (see FAQ 23 below). After the Fairness Hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.

22. Do I have to come to the hearing?

    No. Class Counsel will answer questions Magistrate Litkovitz may have. You are welcome to come at your own expense. If you send an objection, you don't have to come to Court and talk about it. As long as your written objection is timely filed with copies postmarked by June 27, 2022, the Court will consider it. You may also pay your own lawyer to attend, but it's not necessary.

23. May I speak at the hearing?

    You may ask the Court for permission to speak at the Settlement Fairness Hearing. To do so, you must send a letter to the Court stating that it is your "Notice of Intent to Appear at the Fairness Hearing in Laura Bechtel et al. v. Fitness Equipment Services, LLC dba Sole Fitness, Case No. 1:19-cv-00726." Please also include the name, address, and telephone number of your attorney, if applicable. Your request must be mailed to the addresses listed below postmarked no later than June 27, 2022.

    Settlement Administrator Sole Treadmill Settlement P.O. Box 58220 Philadelphia, PA 19102	Court Clerk of the Court Potter Stewart U.S. Courthouse Room 103 100 East Fifth Street Cincinnati, OH 45202
    Class Counsel W.B. Markovits Markovits, Stock & DeMarco, LLC 3825 Edwards Road Suite 650 Cincinnati, OH 45209	Sole's Counsel Thomas A. Gamache Leahy, Eisenberg & Fraenkel, Ltd. 33 W. Monroe Street Suite 1100 Chicago, IL 60603-4554

    You cannot speak at the hearing if you exclude yourself.

24. IF YOU DO NOTHING

24. What happens if I do nothing at all?

    If you do nothing, you will not receive any benefits from this Settlement. Unless you exclude yourself from the Class, you won't be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuits against the Defendant about the legal issues resolved by this Settlement, ever again.

25. GETTING MORE INFORMATION

25. Are there more details about the settlement?

    More details regarding this Settlement appear in the Settlement Agreement. Copies of the Settlement Agreement and pleadings and other documents relating to the case are on file at the United States District Court for the Southern District of Ohio – Western Division and may be examined and copied at any time during regular office hours.

    The Settlement Agreement and other relevant pleadings (including the postcard Notice and the longer Settlement Notice) are also available for review and download by clicking here.

26. How do I get more information?

    For more information, please visit the Important Documents page where you can download and review relevant Court pleadings, including the Claim Form and a copy of the Settlement Agreement. You may also contact the Settlement Administrator via email at Info@SoleTreadmillSettlement.com, by phone toll-free at 1-844-999-4667, or by mail to:

    Sole Treadmill Settlement
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103

    You should not direct questions to the Court.