Moral Dilemma - Skechers Shape-Ups
According to an AP article yesterday, "Skechers USA Inc. will pay $40 million to settle charges by the Federal Trade Commission that the footwear company made unfounded claims that its Shape-ups shoes would help people lose weight and strengthen their butt, leg and stomach muscles." People who file a claim under the proposed settlement can receive refunds of up to $80.
Here's the dilemma:
On the one hand, I was influenced to buy a pair of Shape-Ups partly due to their advertising claims. On the other hand, I have actually lost a considerable amount of weight and developed muscle tone while wearing these shoes. On the THIRD hand, there's no way to know what role (if any) these particular shoes played in motivating me to walk more and get in shape. I HAVE found the shoes to be very comfortable for extended walking and would buy them again for that reason.
So - if YOU were in this situation (or if you ARE in this situation), do you file a claim for a refund?
Here's the dilemma:
On the one hand, I was influenced to buy a pair of Shape-Ups partly due to their advertising claims. On the other hand, I have actually lost a considerable amount of weight and developed muscle tone while wearing these shoes. On the THIRD hand, there's no way to know what role (if any) these particular shoes played in motivating me to walk more and get in shape. I HAVE found the shoes to be very comfortable for extended walking and would buy them again for that reason.
So - if YOU were in this situation (or if you ARE in this situation), do you file a claim for a refund?
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Replies
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Absolutely not. Ethically, admit you weren't swayed by the advertising, and that you have enjoyed the shoe.
From my past experience with class-action lawsuits - the ones who make all the money are the attorneys, and you may wait for years and only get $9. Plus you'll have to fill out a lot of (ongoing) paperwork.
They are shoes you like. You wore them. Why try to fraudulently claim some possible money?0 -
If you SINCERELY believe that the shoes did help you "lose weight and strengthen their butt, leg and stomach muscles" then no, no claim. Just my opinion.0
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I wouldn't... this lawsuit is for those that believed that the shoes would magically make you look like Kim Kardashian or Brooke Burk without any other exercise or diet... Right up there with the people that believed a chocolate spread was nutritional and that the crunchberries in Cap'n Crunch actually contained berries.0
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and that the crunchberries in Cap'n Crunch actually contained berries.
-wtk0 -
the crunchberries in Cap'n Crunch actually contained berries.
Oh, stop right there. They do contain berries and nothing you say will convince me otherwise!0 -
the crunchberries in Cap'n Crunch actually contained berries.
Oh, stop right there. They do contain berries and nothing you say will convince me otherwise!
But Apple Jacks are made from apples, right?0 -
the crunchberries in Cap'n Crunch actually contained berries.
Oh, stop right there. They do contain berries and nothing you say will convince me otherwise!
But Apple Jacks are made from apples, right?
Hello...they have Apple right there in the name. The government wouldn't let them be called that if it wasn't true!! wow, some people are just clueless!
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This is on a par with "I didn't realise McDonalds could be a contributing factor to weight gain".
I don't understand entitlement/pass the blame/they made me do it culture.0 -
Loved your reply.. and soo true!
People just don't understand.. .. you have to eat healthy and workout.. there’s no magic to it. It's science eat less than you consume..0 -
No. I would not file a claim for a refund.0
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Right up there with the people that believed a chocolate spread was nutritional0
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FWIW - I'd already made up my mind not to file a claim before posting this topic. I was just curious how other people would respond in this situation.
The reality is that I know I lost the weight due to my lifestyle changes, and would have done so regardless of whether I bought their shoes or some other brand.
When I posed the question, I shouldn't have skewed it by saying I actually LIKED the shoes.
Skechers was in the wrong by using misleading advertising claims to drive up sales of their shoes, hence the impetus behind the class action suit and the subsequent settlement. The settlement's going to get paid out, regardless. The question then becomes, should the settlement go to people who where convinced to buy the shoes based on the advertising, or should it go to people who were convinced to buy the shoes but didn't get the results promised by the advertising?0 -
If you really consider it a 'moral dilemma', is the $80 really worth it?0
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I'm in the same boat. I bought the Tone-Ups boots over the winter and wore them every day. I bought them after seeing them on a shoe website while searching for winter boots and thought "huh, cool, a boot that shapes my butt. Maybe. But I mean, they're cute anyway. /sold." I felt a difference after the first month or so of constant day-wear - but whether that difference was due to my walking more, due to the design of the boots, due to my walking more because of the design of the boots, or just the fact that I had to walk is unclear. The lawsuit cites an independent study which claims to prove that the boots/shoes were no better than regular sneakers in helping to tone. The boots were comfy, so I walked in them... just as I might walk in other comfy non-"toning" shoes. I wasn't convinced 100% that they had any effect on my tone, but also wasn't convinced that they didn't, so after winter ended I then bought the Shape-Ups sneakers (since I liked the feel of the boots). The sneakers feel similar but different somehow in the arch, so I don't consider them quite as comfy - in fact, I can't wear them on long walks. I also quickly learned not to wear to the gym if I intend on using the treadmill. I can walk on them normally without a problem, but don't know that they're "working" the way they advertise. They're comfy for short jaunts, so I walk around the office in them.
The lawsuit says that Skechers led consumers to believe the shoes worked differently than regular sneakers in toning butt/thigh/etc muscles - thus, manipulating people into buying. I'll admit it was a factor in my purchase and I'd say it's therefore a valid lawsuit. I might have spent the money on another cheaper non-special pair of shoes if I'd known they'd have an identical effect on my lovely butt.
The point? I'm going for the refund and probably won't wear the sneakers much longer.
Just my $0.020 -
"This is the most blatant case of false advertising since my suit against the movie The Neverending Story." - Lionel Hutz0
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I bought 4 pairs of skechers last summer, hoping that they would help my legs tone up like the skechers salesperson ASSURED me they would, as they suopposedly did for her.
2 pairs of Shapeups and 2 pairs of Toneups.
I never believed I would turn into Kim Kardashian (ew) but I was led to believe that the "rocker" sole would aid in strengthening my leg muscles, and that is why I am going to claim my refund.0 -
80 bones? Hell yes.0
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the crunchberries in Cap'n Crunch actually contained berries.
Oh, stop right there. They do contain berries and nothing you say will convince me otherwise!
But Apple Jacks are made from apples, right?
nope no apples but i did hear the were made with real "Jack" s ( Sparrow ... perhaps?)0 -
the crunchberries in Cap'n Crunch actually contained berries.
Oh, stop right there. They do contain berries and nothing you say will convince me otherwise!
But Apple Jacks are made from apples, right?
Yes and Fruit Loops count as a serving of fruit right- I mean Tucan Sam wouldn't lie to me would he :noway:0 -
Personally I don't agree with these silly little lawsuits.0
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I'm going garage sale shopping this weekend, see if I can find a few pairs.0
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I bought some a couple years ago and the first few weeks my calf muscles where sore and when I did change back to regular shoes I was sore for a while on them. I do think they cause different muscles to be used bu...t did I notice any difference in my legs...No!0
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I got an email advertising a sale at Ginny's. They have a bunch of sketchers shape-up sandals on sale. They look pretty cool!0
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i own these shoes, too, and although i do not attribute my weight loss or toning to the shoes, i still like them and wear them. when i heard about the claim, i did get a bit excited at the thought of refund, however, since i still wear them, it seems wrong to me. just my opinion.
edited to add that i think the lawsuit is frivilous. along with the N*tella. if people make decions based solely on adversising, they deserve what they get. LOL
it's not like they forced you to wear them against your will, or even to purchase them. if there were no other options available, and they said you MUST buy these shoes (or this chocolate spread for breakfast) and assured you it was healthy or otherwise something it's not, that would be different.0 -
Skechers was in the wrong by using misleading advertising claims to drive up sales of their shoes, hence the impetus behind the class action suit and the subsequent settlement. The settlement's going to get paid out, regardless. The question then becomes, should the settlement go to people who where convinced to buy the shoes based on the advertising, or should it go to people who were convinced to buy the shoes but didn't get the results promised by the advertising?
Exactly-- they lied and now they have to pay people they lied to. (Not exactly legally true, but it's a shortcut explanation.)
There's no reason NOT to file if you feel you should-- and no reason TO file if you feel you shouldn't.
As a side note, Toucan Sam would file, and Capt'n Crunch wouldn't. No help there.0 -
I freely admit to buying a pair of them because I thought they were comfy -- I didn't believe for one minute that they would actually help "tone up" anything. If you actually believed that a pair of shoes would magically transform your legs and bottom, then I have a bridge you might wanna buy.0
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Personally I don't agree with these silly little lawsuits.0
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I wouldn't... this lawsuit is for those that believed that the shoes would magically make you look like Kim Kardashian or Brooke Burk without any other exercise or diet... Right up there with the people that believed a chocolate spread was nutritional and that the crunchberries in Cap'n Crunch actually contained berries.
I ACTUALLY had to explain to my SIL that choco spread is NOT healthy. I nearly smacked my forehead when she said "but it has all those nuts!"0 -
This is on a par with "I didn't realise McDonalds could be a contributing factor to weight gain".
I don't understand entitlement/pass the blame/they made me do it culture.
Or suing McDonalds because the coffee is HOT! DUH!!!!
BTW, I also bought the Sketchers and LOVE them and I do walk more wearing them and I have lost weight. Not because I wore the shoes but because I feel more like walking when I wear the shoes.
No lawsuit here. Maybe we should offer testimonials to Skechers for their law suit. :laugh:0 -
The issue is that legally the company cannot make a claim that it cannot prove. They have wronged their customers. Like others have said, it will be a long time before you see the refund, but I think you should apply for it. The fact of the matter is that while they created a good shoe for fitness, it could not deliver what it was promised to without your additional effort. It just amazes me that major companies still actually do this. These companies have legal departments and the marketing professionals that they hire should know the legal ramifications of making false claims. I'm a business student majoring in operations and HR, but I have had classes cover this particular legal issue extensively. So when it comes to these major brand label companies, I just don't understand how stuff like this still happens.0
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