Beattie v. Kryptonite Corp.
Consumer Class Action
Update – June 16, 2005:
The Circuit Court of Cook County, Illinois has entered an order approving a settlement agreement pertaining to all class action litigation filed against Kryptonite Corp. in the U.S. and in Canada. The Honourable Julia Nowicki approved the settlement as fair, adequate and reasonable.
The settlement agreement applies to all consumers in the United States and Canada who acquired a Kryptonite U-local during the period September 20, 1998 and September 20, 2004.
Under the settlement agreement, consumers can either exchange their Kryptonite U-locks for new non-tubular locks or keep their U-Locks and receive a $10 voucher toward any Kryptonite product, redeemable for one year. The settlement agreement also provides damages for persons whose bicycles were stolen during the period set out above while they were properly using the Kryptonite U-locks.
Although this is not a final order, Kryptonite Corp. has signaled its intention to move forward with fulfillment of the terms of the settlement.
What this class action is about
On September 21, 2004, Goldblatt Partners (then Sack Goldblatt Mitchell) filed a class action law suit in the Ontario Superior Court of Justice on behalf of Ontario purchasers of Kryptonite U-Locks with cylindrical lock mechanisms.
The lawsuit alleges that Kryptonite Corp. negligently manufactured and distributed U-shaped bicycle locks that are capable of being easily picked with the hollow plastic casing of a ballpoint pen. The lawsuit seeks damages for the cost of replacing the defective locks with new locks.