Frequently Asked Questions

1. What is this lawsuit about?

The Plaintiff in this case filed a class action lawsuit against the Defendants alleging that they made misrepresentations regarding the continuous horsepower of their Horizon treadmills. Plaintiff alleged that the horsepower of these Treadmills when used at a consumer's home differed from what was advertised, and that as a result, she and other consumers paid more than they otherwise would have. Defendants have at all times disputed, and continue to dispute, Plaintiff’s allegations in the lawsuit and deny any liability for all the claims that have been raised or could have been raised in the lawsuit by Plaintiff or the Class Members. The Court has not made any determination of the merits of the lawsuit. After considerable litigation, and substantial negotiation, the Parties have arrived at a settlement.

2. Why is there a Settlement?

In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. In this case, the class representative is Wendy Prince. One court resolves the issues for all class members, except those who exclude themselves from the class. The Honorable Elizabeth K. Dillon, United States Chief District Judge for the Western District of Virginia has jurisdiction over the case in which the Parties have submitted this Settlement for approval.

3. What is a class action?

The Court did not decide in favor of the Plaintiff or Defendants. Instead, both sides agreed to a settlement. Through the Settlement, Plaintiff and Defendants each avoid the substantial cost and uncertainty of protracted litigation and possibly even trial, and substantial settlement benefits go to the Class Members. The Class Representative and Class Counsel believe the Settlement is in the Class’s best interest given the cost and risk of further litigation compared against the substantial benefits Class Members will receive.

4. What are the terms and benefits of the proposed Settlement?

The complete terms of the proposed Settlement are set forth in a formal Settlement Agreement which is on file with the Court, and which is also available here. This website and the Notice are only a summary of the Settlement, and in case of any conflict between the Notice and the Settlement the terms of the Settlement will control.

Class Members who timely submit a Valid Claim are eligible for the following benefits:

• A monetary payment. Defendants will create a non-reversionary Common Fund totaling $600,000. The exact amount of the payment to Class Members out of the Common Fund will depend on several factors, including the number of Class Members who can be located and make valid claims, the amount of attorneys’ fees and expenses, a service award (if any), and Court-approved administration costs. If there is a 10% claims rate, the payment per claimant is estimated to exceed $15.00.


• In addition to the monetary payment described in 4(a) above, Class Members would be entitled to one of the following:
  
  1. A maintenance package consisting of a treadmill lubrication kit and a fitness mat, valued at $50; or
  2. Two full months of a subscription to JRNY (mobile version), along with one JRNY tablet stand, valued at $50.

Class Counsel will ask the Court to award attorneys’ fees, to be paid out of the Common Fund, in an amount not to exceed one third of that fund, as well as the reasonable expenses incurred in the litigation. Counsel will also request Court approval of a Service Award to the Class Representative in the amount of $7,500. Class Counsel will file these requests, along with all supporting documents, at least 14 days prior to the Final Fairness Hearing. The Fee and Service Award Application and all supporting papers will be available in the Important Documents section of this website. The Court will determine the appropriate amount of the attorneys’ fees and award to be paid. The Settlement is not conditioned upon approval of any of the attorneys’ fees, costs, or service award amounts.

You are not required to make any payments to Class Counsel in this action.

5. I did not receive an email or postcard in the mail but heard about this lawsuit from another source. How do I know if I am part of the Settlement?

If you did not receive an email or postcard with a Unique ID, you may still be a class member and be eligible to participate in the Settlement if you purchased a Horizon treadmill between June 9, 2018, and November 9, 2020. If you do not have a Unique ID, you will have to present information or documentation verifying your date of purchase.

If you believe that you are a potential Class Member, please follow the instructions for submitting a Claim Form, which you may do electronically submit a claim. If you are unable to file a claim online, you may also download a Claim Form here and submit the claim by mail. Instructions for mailed submission are contained on the Claim Form.

If you are unsure whether you are a Class Member, you can contact the Settlement Administrator via email at info@HorizonTreadmillSettlement.com, toll-free at 866-675-2216, or by mail to:

Horizon Treadmill Settlement
PO Box 25415
Santa Ana, CA 92799

6. How do I locate the serial number on my Horizon Treadmill?

The serial number for your device will appear on the back cover of the console of your treadmill. For more specific information, including a diagram of where you can find this number, please visit the Horizon Fitness support page at https://support.horizonfitness.com/hc/en-us/articles/360057966012-Where-is-the-Serial-Number-Located.

7. When will I get my benefits?

As described in FAQ 17 below, the Court will hold a Final Fairness Hearing on July 14, 2025, at 10:00 a.m. ET to decide whether to grant final approval of the Settlement. The Court must finally approve the Settlement before any relief will be distributed, and it will only do so after finding that the Settlement is fair, reasonable, and adequate. In addition, any final approval order the Court may enter may be subject to appeal. If there are any such appeals, resolving them takes time. Benefits to Settlement Class Members will only be made after the time for any appeals expires. Please be patient.

8. Who is not included in the class?

The Class does not include anyone who purchased a Horizon Treadmill outside the time period between June 9, 2018, and November 9, 2020, Defendants and their officers, directors, and employees; Class Counsel and their partners, associates, lawyers; and the judicial officers and their immediate family members and Court staff assigned to this case.

9. Do I have a lawyer in the case?

The Court decided that Bill Markovits, Terence R. Coates, and Justin C. Walker of Markovits, Stock & DeMarco, LLC, Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC; and Malissa Lambert Giles of Giles & Lambert, P.C., are qualified to represent you and all Class Members. Together, these attorneys are called “Class Counsel.” They are experienced in handling class actions and cases of this nature. More information about these law firms, their practices, and their lawyers’ experience is available at www.msdlegal.com, www.milberg.com, and www.gileslambert.com.

10. Should I get my own lawyer?

You do not need to hire your own lawyer because Class Counsel are working on your behalf. If you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you, if you want someone other than Class Counsel to speak for you.

11. How do I exclude myself from the Settlement?

If you do not want benefits from the Settlement and you want to keep the right to sue or continue to sue the Defendants on your own about the legal issues in this case, then you must take steps to exclude yourself from the Settlement. This is called “opting out” of the Settlement Class.

To exclude yourself from the Settlement, you must complete and send to the Settlement Administrator a letter stating: “I want to be excluded from the Settlement Class in as Prince v. Johnson Health Tech Trading, Inc. et al., Case No. 5:22-CV-00035-EKD.” Your Opt-Out Form or request for exclusion must be sent to the Settlement Administrator at the address below so that it is received no later than March 31, 2025.

Horizon Treadmill Settlement
Class Action Opt Out
PO Box 25415
Santa Ana, CA 92799

12. If I do not exclude myself, can I sue Defendants for the same thing later?

No. Unless you exclude yourself, you give up the right to sue the Defendants for the claims that the Settlement resolves. You must exclude yourself from the Settlement Class to try to pursue your own lawsuit.

13. If I exclude myself, will I receive a benefit?

No. You will not receive a benefit if you exclude yourself from the Settlement.

14. What happens if I do nothing at all?

If you do nothing at all, you will give up certain claims related to the Lawsuit against Defendants. You will not be able to sue or continue to sue Defendants as part of any other lawsuit about those claims. The full terms of the release, which will bind all Settlement Class Members as to certain claims against Defendants and related entities (“Released Parties”) are set forth in the Settlement Agreement, which is on file with the Court, and is available here. Unless you exclude yourself, you will be a Settlement Class Member if the Court issues orders approving this Settlement, and these settlement terms will apply to you and legally bind you.

15. How do I tell the Court that I don’t like the Settlement?

If you are a Class Member, you can object to the settlement if you do not like any part of it, and the Court will consider your views. You can object to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses, and/or Class Counsel’s request for a Service Award for the Class Representative.

You can’t ask the Court to order a different settlement; the Court can only approve or reject the settlement that is codified in the existing Settlement Agreement.

If the Court denies approval, no settlement benefits will be available and the lawsuit will continue.

Objections must be in writing. To object to the Settlement, you must give reasons why you think the Court should not approve it. The Court will consider your views before making a decision. To have your objection considered, you or your attorney must mail the written objection to Class Counsel, Defendants’ Counsel, and the Settlement Administrator, and file it with the Court. Your objection must contain: (a) the full name, address, telephone number, and email address of the objector; (b) the serial number(s) for the objector’s Treadmill(s); (c) a written statement of all grounds for the objection accompanied by any legal support for such objection; (d) copies of any papers, briefs, or other documents on which the objection is based; (e) a list of all cases in which the objector and/or objector’s counsel has filed, or in any way participated in—financially or otherwise—objecting to a class action settlement, in the preceding five years; (f) the name, address, email address, and telephone number of all attorneys representing the objector; (g) a statement indicating whether the objector and/or the objector’s counsel intends to appear at the Fairness Hearing, and, if so, a list of all persons, if any, who will be called to testify in support of the objection; and (h) the objector’s signature. Class Members who fail to make objections in the manner specified in this Section will be deemed to have waived any objections, and will be foreclosed from making any objection to the Settlement or this Agreement (whether by appeal, collateral proceeding, or otherwise).

You must mail your written objection to the following addresses postmarked no later than March 31, 2025:

16. What is the difference between objecting and excluding?

Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or the lawsuit. You cannot request exclusion and object to the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.

17. When and where will the Court decide whether to approve the Settlement?

The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak at the hearing, but you do not have to do so. The Court will hold the Final Fairness Hearing at 10 a.m. ET on July 14, 2025, at the Richard H. Poff United States Courthouse, 210 Franklin Road Southwest, Roanoke, VA 24011, in Courtroom 132. At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections that were received by the deadline, the Court will then consider them. If you submit a timely objection, the Court will also listen to you speak at the hearing, if you so request.

After the hearing, the Judge will decide whether to approve the settlement. We do not know how long the decision will take.

YOU DO NOT HAVE TO APPEAR AT THE HEARING TO RECEIVE THE BENEFITS OF THE SETTLEMENT.

18. May I speak at the hearing?

You may ask the Court to permit you to speak at the Fairness Hearing. To do so, you must file a written request with the Court, saying that it is your Notice of Intent to Appear at the Final Fairness Hearing in Prince v. Johnson Health Tech Trading, Inc. et al. Case No. 5:22-CV-00035-EKD. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address, and telephone number of the attorney who will appear. Your written request must be sent to the Clerk of Court, Class Counsel, the Settlement Administrator, and Defendants’ Counsel at their addresses above. You may not be permitted to speak at the hearing if your Notice of Intent to Appear is late.

19. How do I get more information about this case?

More details are in the Settlement Agreement filed with the Court. You may examine the Court’s file in the Clerk’s Office at the United States District Court for the Western District of Virginia, Richard H. Poff United States Courthouse, 210 Franklin Road Southwest, Roanoke, VA 24011, for more complete information about the details of the lawsuit and the proposed settlement. You also may visit the Important Documents page, where the Settlement Agreement along with other relevant case filings that will be added to the Settlement Website as Settlement proceedings continue. You may also contact the Settlement Administrator via email at info@HorizonTreadmillSettlement.com, toll-free at 866-675-2216, or by mail at:

Horizon Treadmill Settlement Administrator
PO Box 25415
Santa Ana, CA 92799

You should not direct questions to the Court.