Approval of Nationwide Settlement of Shop Vac Wet-Dry Vacuum Class-Action Suits Appealed

WILLIAMSPORT — A Montgomery County woman has appealed the approval of the nationwide settlement of multiple federal class-action lawsuits that claimed popular Shop Vac Corp wet-dry vacuums do not live up to their advertised specifications.

Michelle Vullings of Collegeville, who in August had called the then-proposed settlement “unfair,” filed her appeal Monday in U.S. Middle District Court. Judge Yvette Kane gave final approval to the settlement Dec. 9.

Vullings was one three individuals to file an objection out of the 1,164,149 who received notice of the preliminary settlement. None of the three attended a fairness hearing in September in Harrisburg.

She did not detail her objections in the appeal but in August she contended the settlement did not protect the public from Shop Vac’s conduct in the future and attorney fees were excessive.

She also claimed a fair settlement benefit would have included cash distributions to class members for their waiver of consumer fraud and warranty claims.

The settlement Kane approved awarded $5,000 to each of four named plaintiffs in Florida, Missouri, California and Illinois along with $4.25 million in legal fees.

Shop Vac, which did not admit any liability, agreed to a two-year extension of the warranty on the motors of the vacuums purchased or acquired since Jan. 1, 2006.

In her August objection, Vullings opined Shop Vac’s cost for the extended warranty “is surely minimal” and is likely to be a small fraction of the attorney fees.

The parties had estimated in an earlier court document the retail value of the extended warranties would be “well into the millions of dollars.”

Shop Vac, which is headquartered in Williamsport, also agreed to change how it refers to peak horsepower on marketing materials and alter what the plaintiffs claimed is misleading information about the canister size measurement.

Source: www.pennlive.com www.pennlive.com

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