EOTech Holographic Weapons Sights

In February 2017, a federal judge preliminarily approved a settlement of a class-action lawsuit against L-3 Communication EOTech Inc. The operative complaint alleges that the company marketed holographic weapons sights as:

• Capable of operating at temperatures from -40 to 150 degrees Fahrenheit when temperature changes “materially affect[]” the sights and they lose accuracy when the temperature changes;
• Fogproof when they actually fog in humid conditions and higher temperatures; and
• Free of “parallax” (a visual distortion where the location of the target and the point the user is aiming are different) when there is actually a “significant shift” in the view window at any temperature.

According to the settlement terms, class members may receive a cash award or voucher to be used toward the purchase of EOTech products. The amount of the awards and vouchers will depend on several factors, including, among other things, whether the class member returns the product. The settlement does not provide any injunctive relief because, according to the agreement, the company already made changes to its website and marketing materials to warn consumers about the defects in approximately November 2015 when it settled another case. A final fairness hearing is scheduled for June 30, 2017. For more information, go to http://www.eotechlawsuit.com/ and http://www.fostersettlement.com/. (Foster et al v. L-3 Communications EOTech, Inc. et al, Case No. 15-cv-3519, W. D. MO.)