July 2016: A federal judge granted final approval of this settlement.

March 2016: A federal judge preliminarily approved a settlement that will resolve four class-action lawsuits against the company:

  • Bergman et al v. DAP Products Inc. et al, Case No. 14-cv-3205, D. Md.
  • Carton et al v. DAP Products, Inc. et al, Case No. 14-cv-4015, D. Md.
  • Joseph v. DAP Products, Inc. et al, Case No. 15-cv-16, D. Md.
  • Dumone v. Blue Gentian, LLC et al, Case No. 14-cv-4046, D. Md.

According to the settlement terms, all class members may return the fittings attached to the hose for a $30 payment for each purchase (for up to three purchases).

The relief for class members who choose not to return the fittings of the XHose differs depending on how they purchased the product. The company will extend the total warranty period for Direct Purchasers (i. e., consumers who purchased the product directly on the website or by calling a toll free number from a television advertisement) or pay them $15 for each purchase (for a maximum of three purchases) if they state that they were dissatisfied with the product and are no longer in possession of it. The company will pay $8 to Non-Direct Purchasers (i. e., consumers who purchased the product other ways) who identify the color of the XHose purchased and the name of the retailer where they made the purchase.

A final fairness hearing is scheduled for July 28, 2016. (Bergman et al v. DAP Products Inc. et al, Case No. 14-cv-3205, D. Md.)

May 2015: A Consolidated Class Action Complaint making similar allegations was filed.(Bergman et al v. DAP Products Inc. and National Express Inc., Case No. 14-cv-3205, D. Md.)

December 2014: Two false advertising class-action lawsuits were filed against DAP Products, Inc. and National Express, Inc. for, among other things, allegedly falsely advertising that the X-Hose Pro is strong, tough, durable, and will not kink when, in reality, the hose often leaks and does not work as advertised. (Dumone et al v. Blue Gentian, LLC, National Express, Inc., Emson USA, Inc., DAP Products, Inc., and Does 1-100, Case No. 14-cv-04046, D. Md. and Carton et al v. DAP Products, Inc., National Express, Inc., and RPM International, Inc., Case No. 14-cv-04015, D. Md.).

In addition, plaintiffs in the Dumone case claim that the companies advertise a “90 day money back guarantee” and a “lifetime guarantee” when, in reality, they only refund the purchase price (i.e., they do not refund the cost of shipping and handling) and they do not provide any refund for returns after 90 days. (Dumone et al v. Blue Gentian, LLC, National Express, Inc., Emson USA, Inc., DAP Products, Inc., and Does 1-100, Case No. 14-cv-04046, D. Md.).

For more information about other class-action lawsuits regarding hoses and TINA.org’s coverage of the product, click here.

 


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