Cook County Record

Monday, October 14, 2019

Waterproof shoe maker targeted for false advertising

By Dan Harkins | Jul 14, 2015

The Utah maker of a supposedly waterproof shoe is the target of a class action lawsuit alleging that the shoe isn't waterproof.

Brendon Martin and others filed a class action complaint on July 1 in Cook County Circuit Court against Amer Sports Winter and Outdoor Co. and Amer Sports Co., doing business as Salomon North America, of Utah.

According to the lawsuit, the defendants have been "deceptively marketing their Salomon Speedcross 3 CS shoes as waterproof and ideal for rugged and wet terrain... However, and directly contrary to their representations, defendants' shoes are not actually waterproof. Rather, defendants designed the shoes so that only the toes are provided waterproof protection. The rest of the shoe is merely 'water resistant' or not water protected at all, leaving the wearer's feet exposed to the elements."

The plaintiff, citing violations of the Utah Consumer Sales Practices Act, Illinois Consumer Fraud and Deceptive Business Practices Act, consumer fraud and unjust enrichment, ask a judge to declare the case a class action and award the plaintiffs with unspecified damages, plus pre- and post-judgment interest, injunctive relief, attorneys' fees and court costs.

The plaintiff is represented by Rafey S. Balabanian, Amir C. Missaghi, Benjamin H. Richman and Christopher L. Dore, of Edelson PC in Chicago.

Cook County Circuit Court case number 2015CH10239.

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