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I got a email saying that The company Intelligender is being sued!
They are being sued for what seems like false advertising! In there commercials and on the website!
I guess the reason I got the email is cause I bought a test for fun when pg with Ds#4......which that test told me he was a she!
Interesting! I have heard their success rate isn't very good, but I wonder who is suing them?
It is a lady named Julie Gram from Texas...at least that is what it says on the email I got for the class action suit!
2. WHAT IS THE LAWSUIT ABOUT?
Plaintiff Julie Gram ("Plaintiff"), on behalf of herself and all other similarly situated persons in the United States, among other things, alleges that the test created by IntelliGender to predict the sex of an unborn baby (the "Test") does not provide accurate predictions, and that Defendant's marketing and advertising are false and misleading with respect to the Test, and that Defendant's conduct violated state laws prohibiting such conduct. The claimed injuries to the Plaintiff and Settlement Class Members (as defined below) are that they were misled into believing that the Test they purchased would work as accurately as marketed and did not work.
Defendant denies that its marketing and advertising are false or misleading, contends that the Test works as accurately as marketed and advertised, contends that the Test has been shown to be effective in independent studies, denies that the effects, if any, of the alleged conduct adversely impacted the members of the Settlement Class (as defined below), and denies that members of the Settlement Class suffered legally cognizable injuries as a result of the alleged conduct. Defendant also contends that this case is not appropriate for certification as a class action for litigation purposes.
Counsel for the Plaintiff believes Plaintiff has a strong case on the merits and that a class will be certified for litigation purposes. Plaintiff is prepared to seek class certification and present evidence that the Defendant engaged in misleading advertising and other improper conduct, and that the Settlement Class was harmed as a result. Defendant is likewise prepared to mount a vigorous defense on numerous important questions, including the following: whether the Test works as advertised and marketed; whether the claims are legally viable; whether the case is properly subject to class certification for litigation purposes; and whether the Plaintiff or members of the Settlement Class suffered any harm even assuming the truth of the allegations as pled.
The Settlement was arrived at after arms-length negotiations, including an extensive mediation on January 31, 2011, before a respected former federal magistrate judge, Hon. Edward Infante (Ret..). On September 12, 2011, the Court granted preliminary approval of the settlement, certified the Settlement Class for the purposes of settlement only, appointed Plaintiff Julie Gram as representative of the Settlement Class and Strange & Carpenter and The Mazzola Law Firm, PLLC, as Settlement Class Counsel, and ordered that this Notice be disseminated to the members of the Settlement Class.
I got the same email too.
I have 3 girls and took it with my last DD. It said girl at 12 weeks and she is indeed a girl. DH and I are currently trying for baby #4. Hoping for some blue this time around! :) I will be taking Intelligender again for fun.
They clearly state their test is not 100%. You have to follow the directions and you can't have PCOS. Whoever is suing them obviously didn't take the time to read the box. Sometimes I think lawsuits like this all boil down to someone simply trying to make a quick dollar off of someone else. I believe it's a money thing not an emotional thing or being angry her test was wrong. I think it's silly personally.
I'm just happy to be a mom! And a healthy baby is really all that matters to me and DH.
Just becareful you never know what is a scam these days. I got an email that involved a lawsuit for Pampers but my neighbor who is a cop talked about scams and said never send personnal info in the email. If you call local police they can say if it is real or not. Cops want to catch all the scammers.
Right I knew that when taking the test it was just for fun and was no big deal to me. But some people take these things way serious. I know that as of this year that they changed a bunch of things on the product and website in advertising.
I do think though that selling a fun prediction test at $30 a pop is a bit much!
I also got a wrong girl result. I knew it was just for fun though so couldn't imagine suing.