SAN FRANCISCO (Legal Newsline) - The maker of Crocs shoes, facing a class action lawsuit that says they shrink and become unwearable after being exposed to ordinary heat or water, has filed a motion to dismiss.
Crocs, Inc. did so Jan. 19 in San Francisco federal court in a lawsuit brought by lawyers at Gutride Safier. The firm's clients claim the shoes shrink up to several sizes and contain defects that render them unwearable and worthless.
It would be a strange business strategy, Crocs says.
"(Plaintiffs) attribute a majority of Crocs' success in the marketplace to repeat sales that they claim are caused by 'the fact that the products shrink to the point they must be replaced.' (It is difficult to imagine any company electing to pursue such a strategy, especially in a very competitive marketplace and with savvy American consumers)," the motion says.
Fourteen shrinking complaint on the Crocs Classic Clog comments section pale in comparison to the more than 30,000 reviews on the site, the company says, noting four of the shrinking complaints also had five-star reviews.
"Given the evidence from this database Plaintiffs incorporated into their complaint, it is obvious from the face of the complaint that the class is impermissibly overbroad and not certifiable," the motion says.
The proposed class is all purchasers of Crocs since November 2018.
The plaintiffs allege that Crocs makes false representations about their shoes including advertising Crocs as "water shoes" and "water sandals" that are "water friendly." They also allege Crocs markets many of its sandals as "perfect for the pool" and as "comfortable water and swim shoes" that feature "iconic Crocs comfort" that is "sure to match your foot."
The plaintiffs claim they were "intentionally misled and deceived" by Crocs because the shoes are warranted as free of manufacturing defects. They also claim Crocs unlawfully failed to disclose their products would shrink and become unwearable when exposed to environments such as lakes, pools, beaches, hot cars, gardens, lawns, porches and more.
Crocs is represented by Becca Wahlquist and Geoffrey Castello of Kelly Drye & Warren.