Following a mediation convention, the events averted a possible marathon of future motions and pleadings, and reached a settlement agreement in November 2021. It features a $4.25 million widespread fund (much less sure prices and bills) from which professional rata settlement funds will likely be made to class members who’ve submitted a sound declare. Class members are outlined as “All Individuals inside the USA and its territories who: (a) bought a Bowflex, Nautilus, or Schwinn treadmill from July 7, 2016 via [November 16, 2021].” The settlement additionally features a one-year subscription to Nautilus’s JRNY health utility for sophistication members. Moreover, the settlement options injunctive aid, with Nautilus agreeing to stop use of the CHP representations at concern and embody a disclaimer to accompany any horsepower illustration revealed in reference to Defendant’s future sale or advertising of its treadmills.
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