SAN FRANCISCO (Legal Newsline) - There's a chance the lawsuit alleging Crocs shoes shrink is about to become a big problem for the company.
Plaintiff lawyers on may 31 in California federal court filed their motion for class certification, which, if granted, represents increased litigation costs and the possibility of a multimillion-dollar verdict or settlement.
Judge Trina Thompson has already denied Crocs' two motions to dismiss. Now it's up to her to decide whether the case will proceed as a certified class action.
The suit concerns Croslite, the foam product that makes up Crocs.
"Crocs knew the obvious: its consumers buy these shoes to wear them," the motion says. "But it hid that Croslite shoes suffer a design defect: they will shrink a full size in hot environments, including direct sunlight, rendering them unwearable."
"(Crocs) opted to bury half-hearted disclosures in places it knew consumers would not see until after purchase, if at all, such as on in-store receipts and a Crocs webpage with cleaning instructions."
The case alleges violations of California consumer protection laws. A plaintiff expert will calculate damages by multiplying the price premium on Crocs over other shoes and multiplying it by the sales during the proposed class period.
The proposed class is those who bought Crocs in California from Nov. 22, 2018, to the present.
Thompson has already ruled the named plaintiffs were able to show they saw advertisements and relied on them when purchasing Crocs.
"The allegations do not provide the exact date and time of advertisement exposure. However, such level of exactness is not required," Thompson wrote.
'But the allegations are sufficiently particular to put the defendant on reasonable notice of alleged misconduct."
Thompson a year ago threw out some claims but allowed others to proceed, leading Crocs to file a motion to dismiss the subsequent amended complaint.
Attorneys at Gutride Safier are representing the plaintiffs.