Lawsuit

MULTI-PARTY LAWSUIT - (Originally called a Class Action lawsuit)
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Update January 28th, 2009

CPSIA Summary:

The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12.  “This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires” says Michael Kushner, of The Kushner Law Firm.

Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children’s toys, accessories and clothing.

The contract for the lawsuit is complete and available for review upon request. We are at a critical time and we need to gather all parties who desire to participate. Our lawsuit will call for a Temporary Restraining Order, followed by a Preliminary Injunction to stop the implementation of the CPSIA and to do so prior to February 10th we need to move very fast.

If you are interested in joining the lawsuit, please complete the form below. Once you receive a copy of the contract we ask that you DO NOT disclose, to any outside party, the terms of this agreement.  We and thousands of businesses like yours are counting on you to join.  This Fee Agreement is very comprehensive and will fully explain how we will organize this group into an effective team to fight this unfair law.

Many of us are small businesses and cannot afford to pay tens of thousands of dollars in legal fees to fight the CPSIA, therefore, we are depending on our numbers to keep the costs down for each individual.  The legal retainer is $25,000 to file the lawsuit. If we have 100 participants, it will only cost $250 each, a much more affordable sum, and less than even one lead test under the CPSIA.  If 200 people join it would bring the initial cost down to $125.  And so forth. Keep in mind that once the lawsuit is filed it will become public and will receive more media attention. I think we will get a lot more support once the word REALLY gets out.

The attorney will hold all contracts until a minimum of 100 people have submitted payment, assuring us that the costs will be divided by at least 100 people. The lawsuit will be filed by next week in order for the court to have time to review it and take action.  Since it will take about a week to properly prepare the lawsuit for filing with the Court, we need you to act without delay.  We anticipate many more supporters, but need everyone to take action rather than wait for others.  Please take action now – do not let the CPSIA ruin your business and thousands of American businesses like yours.

If you wish to participate, fill out the interest form below - there is no obligation to join - we will send you a copy of the contract for review.

Rachele and I will be available to answer all your questions and concerns. Since we have 400+ potentially supporters in this lawsuit, you can imagine how difficult it would be to answer each question individually. If you havew a concern please contact me or Rachele via email at the following email addresses. That way we will be able to address your concerns as quickly as possible. Include your phone number in the email as well so that we can respond to you in the most efficient way.

We look forward to working with you on this lawsuit and we are determined to make our voices heard! Let’s keep children’s products safe and American businesses in business!

Thank you,

Dawn LaPolla
Baby Sprout Naturals
dlapolla@gmail.com

Rachele Dressler-Sweetser
Monkey Baby Clothes
lmksmom@yahoo.com

Class Action Lawsuit Interest Form
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External Links
CPSIA-Central
Amend the CPSIA
Fashion Incubator
What is the CPSIA
Overlawyered
Handmade Toy Alliance
RWoldenberg
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