Fender Consumer Claim
If you purchased an electric guitar, an acoustic guitar, or any guitar accessory products in the UK between 2013 and 2018, you could be eligible for compensation in the Fender Consumer Claim.
What is the claim about?
A legal investigation by the Competition and Markets Authority found that Fender, from 2013 to 2018, entered into an agreement with one of its most important UK resellers, which stipulated that it could not advertise or sell online certain Fender products below a certain price.
This agreement allegedly caused consumers to purchase Fender products – and similar products supplied by other musical instrument manufacturers – at higher prices online and in-store than they should have.
Fender Europe admitted to infringing provisions of both UK and European competition law. If you purchased a new electric guitar, bass guitar, acoustic guitar, acoustic bass, and/or any accessory products for guitars supplied by Fender or any other musical instruments manufacturer, you could be eligible for compensation as it is likely you paid a higher price because of Fender’s unlawful conduct.
Why Pogust Goodhead?
Pogust Goodhead is a law firm primarily based in London, specialising in large-scale and complex group litigation, including competition law litigation. The firm also has offices in other locations such as Amsterdam, Miami, Philadelphia, and São Paulo.
Pogust Goodhead has particular experience in seeking redress for consumers, as evidenced in the NOx Emissions litigations that are currently proceeding through the High Court. Pogust Goodhead is providing legal support to Elisabetta Sciallis in her claim before the Tribunal.
Elisabetta Sciallis, the proposed class representative, is the Principal Policy Adviser at the consumer organisation Which?. Prior to this role she was an executive in consumer cross-border affairs for the UK European Consumer Centre at the Chartered Trading Standards Institute for over a decade.
Throughout 18 years working in the consumer and commercial law sphere, Elisabetta has qualified as both a solicitor of England and Wales and an advocate in Italy. She has also drafted several publications on consumer protection for the Journal of Trading Standards and Chartered Trading Standards Institute and has been consulted by both the European Commission and UK Government on the subject.
Elisabetta has dedicated her professional life to the defence and protection of consumers. She also has considerable experience of project management and policy delivery, so as to allow her to manage this large and complex litigation on your behalf.
Ms Sciallis’ application for a collective proceedings order is due to be heard by the Competition Appeal Tribunal in 2023. The hearing will allow the Tribunal to consider whether the claim should be allowed to proceed.
Elisabetta Sciallis
Elisabetta, the proposed class representative, is the Principal Policy Adviser at the consumer organisation Which?. Prior to this role she was an executive in consumer cross-border affairs for the UK European Consumer Centre at the Chartered Trading Standards Institute for over a decade.
Throughout 18 years working in the consumer and commercial law sphere, Elisabetta has qualified as both a solicitor of England and Wales and an advocate in Italy. She has also drafted several publications on consumer protection for the Journal of Trading Standards and Chartered Trading Standards Institute and has been consulted by both the European Commission and UK Government on the subject.
Elisabetta has dedicated her professional life to the defence and protection of consumers. She also has considerable experience of project management and policy delivery, so as to allow her to manage this large and complex litigation on your behalf.
We estimate that Ms Sciallis’ application for a collective proceedings order will be heard by the Competition Appeal Tribunal in 2024. The hearing will allow the tribunal to consider whether the claim should be allowed to proceed.
Mentions in the Media
The claim against Fender has already proven popular among media outlets in the guitar world, the mainstream media, and legal press. Below, you can see some of the media coverage mentioning Pogust Goodhead (previously PGMBM) and the potential claim:
FAQS
The Fender Consumer Claim is a legal action primarily against Fender Musical Instruments Europe Limited for its engagement in a breach of UK and European competition law. Fender Europe’s parent company, Fender Musical Instruments Corporation is also included in the action.
Pogust Goodhead is seeking compensation for customers who purchased electric guitars, acoustic guitars, and/or guitar accessory products between January 2013 and April 2019.
The Fender Consumer Claim is seeking compensation for the following classes of purchasers:
- Individuals (including any deceased person through the personal or authorised representative of his or her estate) who purchased a new electric guitar and/or acoustic guitar supplied by Fender Europe between 12 January 2013 and 30 September 2015.
- Individuals (including any deceased person through the personal or authorised representative of his or her estate) who purchased a new electric guitar, acoustic guitar and/or accessory product supplied by Fender Europe between 1 October 2015 and 17 April 2019.
- Individuals (including any deceased person through the personal or authorised representative of his or her estate) who purchased a new electric guitar and/or acoustic guitar supplied by a manufacturer other than Fender Europe between 12 January 2013 and 30 September 2015.
- Individuals (including any deceased person through the personal or authorised representative of his or her estate) who purchased a new electric guitar, acoustic guitar and/or accessory product supplied by a manufacturer other than Fender Europe between 1 October 2015 and 17 April 2019.
If you are not sure if you are eligible, please contact us or sign up for updates via our chatbot on this page.
Unfortunately, our claim will not include any of the following:
- Any person active as a business selling any electric guitars, acoustic guitars, and/or guitar accessory products.
- Members and staff of the Competition Appeal Tribunal assigned to this claim.
- Officers, directors, or employees of: Fender Europe or Fender US; any entities which have a direct or indirect interest in Fender Europe or Fender US that gives rise to significant control; and any entities in which either Fender Europe or Fender US have such an interest.
- Pogust Goodhead employees and employees of the legal representatives of Fender Europe and Fender US, as well as any experts or other professional advisers instructed in this claim, including those assisting them.
The application for a Collective Proceedings Order asks the Tribunal to allow the proposed claim to proceed on an opt-out basis.
It is called an opt-out because, if the Tribunal allows the proposed claim to proceed, anyone who meets the class definition will be included in the claim automatically and bound by the result, unless they ask to opt out.
For all UK residents, the claim is on an opt-out basis meaning you will be automatically included in the claim.
However, if you are not a resident or domiciled in the UK and you wish to participate, you will need to opt-in to the claim. Opt-in registration will be open at a later date, but please register your interest now to receive more information.
We will keep you informed of when you can opt in, and the process to be followed.
At this stage of the litigation, we are unable to confirm how much exactly each person could be entitled to. After the tribunal hearing, we will update this page with further details.
The length of these proceedings will primarily depend on the approach that Fender decides to adopt in response to our application.
If Fender refuses to settle at an early stage, it could take several years before we will be able to secure compensation for Fender customers. However, we are hopeful that Fender will choose to settle the claim out of court, and we can proceed with offering our clients compensation much faster than this.
We will be sure to provide regular updates via this website and also via email to those that have subscribed for updates.
This claim is different from others that we have litigated, and, at this stage, you do not need to do anything.
If the claim is successful, we will require eligible people to provide certain information in order to receive their compensation.
Be sure to check back to this website for future updates. We will keep the site updated and be sure to publicise how we require this information to be submitted.
If you would like further information about your eligibility, the legal process, or how to claim if the case is successful, please register for updates via the Chatbot and we will keep you up to date with what is happening.
You do not need to register for updates in order to be eligible for compensation.
If you believe that you are included in the claim but do not want to be a part of the proceedings, you will have the opportunity to opt out. Please register with us and we will let you know when that time comes.
A deadline for you to opt out will be set by the Competition Appeal Tribunal, which we will share updates of via this website, making sure you have adequate notice.
If you opt out of the claim you will not be entitled to any compensation that is awarded as a part of these proceedings.
If you are unsure if you would like to be included, please feel free to contact us.
No. Pogust Goodhead is entering into a funding agreement which will cover all costs arising from these proceedings.
In addition to funding, the proposed class representative also acquired after-the-event (ATE) insurance to cover any of Fender’s costs in the event that this claim is unsuccessful.
If the claim is successful, you will receive your full payment.
You will not have to pay a penny if that claim is not successful. There is ATE insurance to protect against the risk of class members having to pay Fender’s legal costs.
This takes away any risk to you, the consumer, when signing up.
Personal representatives/administrators of the estates of deceased eligible members will be automatically included in the claim against Fender. They are also entitled to opt-out of the proceedings on behalf of the estates that they have been appointed to represent.
We will keep you informed about opt-out deadline dates as the case progresses.