Swisher Sweets Lawsuit: a Class Action

Swisher Sweets Lawsuit Class Action

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Who Can Join Our Swisher Sweets Lawsuit?

Our Swisher Sweets lawsuit includes people who bought a 5-pack of Swisher Sweets cigarillos. Members of our Swisher Sweets lawsuit may be eligible for up to $200 compensation.

My receipt above speaks for itself. A 5-pack cost me $4.79. But a single cigarillo would have cost only $0.99. Our lawsuit claims Swisher Sweets falsely advertises its 5-pack to increase its sales.

“The realistic alternative to a class action is not 17 million individual suits, but zero individual suits, as only a lunatic or a fanatic sues for $30.”

Judge Richard Posner, Carnegie v. Household Int’l, Inc., 376 F.3d 656, 661 (7th Cir. 2004)

A Swisher Sweets Lawsuit as a Class Action is Most Economical

A class action is where a group of people are represented in one big lawsuit by a member of that group against a common defendant. These are some of the reasons we’ll ask the Court to allow us to prosecute Swisher Sweets as a class action:

  • Many of us won’t find lawyers. If you live in a small town, you may not find a lawyer willing to take on the billion dollar tobacco industry. A class action will make sure we all have a fair fight.
  • A single lawsuit just isn’t worth it. Even if you do find an attorney, the fee retainer and filing costs are more than your $2 claim is worth. It makes sense to have a single team of experienced lawyers represent all of us all in one big contingency case.
  • Our class attorneys are experienced. Attorney Michael Fuller handles consumer class actions as a partner at Olsen Daines. Robert Le is an experienced trial attorney and consumer litigator.
  • Our class attorneys can win. Our attorneys are very confident in our case. Which is why they’re willing to take on all the risk. The legal arguments behind how Swisher broke the law will be very similar in every case. The Court must approve all fees they earn.

A Swisher Sweets Lawsuit as a Class Action is Our Best Bet

  • As a class, we’re harder to bully. My case is very typical – In August 2016, I walked into Plaid Pantry. I bought a 5-pack of Swisher Sweets falsely advertised as “5 for the price of 3”. I kept pictures of my product and receipt. If we all decided to file thousands of individual lawsuits, we’d risk the tobacco industry hand-picking 1 or 2 weak cases with loopholes to create bad judges decisions. Those bad decisions can hurt the rest of our cases.
  • We’re all asking for the same thing. We all deserve the same thing at trial. Swisher should refund the difference between what it charged us for a 5-pack, and what 3 individual cigarillos should have actually cost us. We should also get up to $200 statutory damages and punitive damages if available. A class action makes sense because our damages are almost all the same.
  • Justice for all of us. Swisher knew most of us wouldn’t notice we were being ripped off. And Swisher knew the time limit to bring our claims would immediately begin to expire. A class action will notify as many past Swisher customers as possible that they can file a claim in our lawsuit before it may expire. If someone can’t be located, the judge can give their unclaimed funds to charity.

You can contact lead class counsel Michael Fuller at michael@underdoglawyer.com. Or visit underdoglawyer.com. Michael Fuller teaches consumer law as an adjunct professor at Lewis & Clark Law School.