Frequently Asked Questions

A Court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and all of your rights and options before the Court decides to grant Final Approval of the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Lindsey C. Jenkins of the United States District Court for the Northern District of Illinois is overseeing this class action. The lawsuit is known as In re: Bestway Above-Ground Pools Litigation, No. 1:25-cv-09570 (“Action”). The persons who filed this Action are called the “Plaintiffs” and/or “Class Representatives” and the companies sued, Bestway USA, Bestway Inflatables, and Bestway Hong Kong, are called the “Defendants.”

This class action lawsuit alleges Bestway-branded above-ground pools sold from 2008 through May 4, 2026, that are 48 inches or taller with compression straps running on the outside of the vertical support legs of the pool, create a potential drowning hazard. The complaint further alleges that the voluntary recall issued by Bestway in conjunction with the United States Consumer Product Safety Commission (“CPSC”) was inadequate because it did not offer a monetary remedy.

Defendants deny that their pools are defective and deny any wrongdoing or liability. The Court has not decided who is right. Instead, Plaintiffs and Defendants have agreed to a settlement to avoid the risk, cost, and time of continuing the Action. 

In a class action, one or more people (called plaintiff(s) or class representative(s)) sue on behalf of all people who have similar legal claims. Together, the people included in the class action are called a “class” or “class members.” If the plaintiffs and defendants reach a settlement, the court resolves the issues for all class members via the settlement, except for those class members who timely opt out (exclude themselves) from the settlement.

The proposed Class Representatives in this lawsuit are Plaintiffs Susana Castro, Pete Piceno, Shannon Gannon, Leah Holloway, Jamie DeSabio, Amy Razzano, Katrina Hill, and Lisa Weeks.

Plaintiffs and Defendants do not agree about the legal claims made in the Action. The Action has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendants. Instead, Plaintiffs and Defendants have agreed to settle the Action. The Class Representatives believe the Settlement is best for all individuals in the Settlement Class because of the benefits available to the Settlement Class and the risks and uncertainty associated with continuing the Action.

Nothing in this Agreement modifies, limits, or extinguishes the Pool Recall of July 21, 2025, which remains in effect independent of this Settlement, and which is neither endorsed by nor incorporated into this Settlement.

The Settlement Class includes all persons in the United States, its territories, and/or the District of Columbia who purchased, for personal use and not for resale, a Bestway-branded pool that is 48 inches or taller in height (including Power Steel and Steel Pro models) with compression straps located outside of the support poles, sold from 2008 through 2024.

Yes. Excluded from the Settlement Class are: (1) the presiding judge and immediate family; (2) Defendants and their respective parents, subsidiaries, affiliates, and their current and former officers, directors, employees, agents, and counsel; (3) Persons who timely and properly Opt-Out; (4) successors/assigns of excluded Persons; (5) wholesalers, distributors, or retailers of the Class Products; (6) second-hand purchasers; and (7) Class Counsel.

If you are still not sure whether you are a Settlement Class Member, you may go to the Settlement Website at www.PoolSettlementBW.com, call the Settlement Administrator’s toll-free telephone number at 1-855-789-5948, or write to the Settlement Administrator at:

Bestway Settlement Administrator

P.O. Box 1869

Baton Rouge, LA 70821

If the Settlement is approved by the Court, Defendants will pay $15,000,000 into a Settlement Fund to pay Cash Awards, Notice and Administration Costs, Attorneys’ Fees and Costs, and Service Awards. Class Members who submit a Valid Claim in accordance with Section 5.6 of the Settlement Agreement could receive the following payment:

• Valid Proof of Purchase. If you provide a Valid Proof of Purchase, you can receive a payment equal to ten percent (10%) of either: (i) the actual price paid as reflected in the Valid Proof of Purchase (e.g., receipt); or (ii) the Average Retail Price of the identified Class Product if no actual purchase price is reflected in the Valid Proof of Purchase.
• Without Valid Proof of Purchase. Claimants without Valid Proof of Purchase shall receive a Cash Payment of Forty Dollars ($40.00).

You must submit a timely and signed Valid Claim Form to be eligible to receive a Cash Payment.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties, including Defendants, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.” This settlement does not limit any rights under the Pool Recall.

The Settlement Agreement in Section 8 describes the Release and the Released Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding the Release and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in Question 15 for free, or you can talk to your own lawyer at your own expense. The Released Claims do not include claims relating to personal injury, bodily injury, emotional distress, wrongful death, or any other physical or emotional harm allegedly arising from the Class Products, and does not limit any rights under the Pool Recall or release any claims relating to the Pool Recall, including any claims or remedies enforceable through governmental action or administrative process.

To receive any of the benefits described in Question 8 and detailed further in the Settlement Agreement, you must submit Claim Form, postmarked or submitted online by October 30, 2026. Claim Forms may be submitted online at www.PoolSettlementBW.com or printed from the Settlement Website and mailed to the Settlement Administrator at the address on the Claim Form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-855-789-5948 or by writing to:

Bestway Settlement Administrator

P.O. Box 1869

Baton Rouge, LA 70821

Claim Forms must be submitted online or mailed and postmarked by October 30, 2026.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-855-789-5948 or by writing to:

Bestway Settlement Administrator

P.O. Box 1869

Baton Rouge, LA 70821

The Court has scheduled a Fairness Hearing for the Settlement of this case on November 20, 2026, at 10:00 a.m. CT to consider: (1) whether to approve the Settlement; (2) any objections; (3) the requests for Service Payments to the Named Plaintiffs; and (4) the request for an award of Attorneys’ Fees and Costs to Class Counsel for their work in this litigation. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments cannot be distributed until the Court grants Final Approval of the Settlement and after any appeals are resolved.

The briefs and declarations in support of the Final Approval of the Settlement and the requests described above will be posted on the Settlement Website at www.PoolSettlementBW.com after they are filed. You may ask to appear at the hearing, but you do not have to appear. The date and time of the Fairness Hearing is also subject to modification by the Court. Please review the Settlement Website for any updated information regarding the final hearing.

Class Members who submit a Valid Claim will have several electronic payment options to choose from, or you can elect to receive a check. Please ensure you have provided a current and complete email address if you elected to receive an electronic payment. If you select a paper check, the Settlement Administrator will attempt to send you a check to the physical address submitted on your Claim Form.

Yes, the Court appointed Kevin Laukaitis of Laukaitis Law LLC, and Rachel Soffin of Pearson Warshaw, LLP, as Interim Co-Lead Class Counsel, and an Executive Committee, including Leslie Pescia of Siri Glimstad, Nick Suciu of Bryson Harris Suciu & DeMay PLLC, Charles D. Moore of Reese, LLP, Jason Sultzer of Sultzer & Lipari, PLLC, and Alec Schultz of Hilgers Graben PLLC to represent you and the Settlement Class for the purposes of this Settlement.

You do not need to hire your own lawyer because Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel may be contacted at the following addresses and phone numbers:

Class Counsel will file a motion asking the Court to award a reasonable proportion of the Settlement Fund as payment of any reasonable attorneys’ fees and costs. Class Counsel may apply for attorneys’ fees not to exceed one-third (33 1/3%) of the Settlement Amount, exclusive of Settlement Administration Costs and Service Awards. Class Counsel may also seek a Cost Reimbursement of reasonable litigation costs incurred in prosecuting the Action through final approval, subject to the Court’s approval. The Court may award less than the amount requested.

Class Counsel will also request approval of service awards of Two Thousand Five Hundred Dollars ($2,500.00) to each of the Class Representatives, in addition to any Cash Payment they may receive on an Approved Claim.

If awarded by the Court, the Settlement Administrator will pay attorneys’ fees, litigation expenses, and service awards out of the Settlement Fund.

Class Counsel’s motion for attorneys’ fees, litigation expenses, and service awards will be made available on the Settlement Website at www.PoolSettlementBW.com before the deadline for you to object to or opt out of the Settlement.

To opt out of the Settlement, you must timely mail written notice, or submit electronically on the Settlement Website, a request to opt out. The written notice must include the following information:

1. The name of the proceedings titled In re: Bestway Above-Ground Pools Litigation, No. 1:25-cv-09570.
2. Your full name, telephone, and current address.
3. Contain a statement that you purchased a Class Product.
4. Contain a clear statement that you wish to be excluded from the Settlement Class, such as the following example: “I request to be excluded from the Settlement Class in In re: Bestway Above-Ground Pools Litigation.”.
5. Your physical signature as a Settlement Class Member.

If you exclude yourself, you are stating to the Court that you do not want to be part of the Settlement. You will not be eligible to receive a payment if you exclude yourself. You may only exclude yourself – not any other person. Any Settlement Class Member who does not file a timely Request for Exclusion will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. You cannot opt out by telephone.

Your request for exclusion must be submitted online at www.PoolSettlementBW.com or via U.S. mail at the address below:

Bestway Settlement Administrator

Exclusions

P.O. Box 1869

Baton Rouge, LA 70821

If submitted electronically, the opt-out must be submitted no later than 11:59 p.m. CT on or before October 30, 2026.

If submitted by U.S. mail, the written request to opt-out must be postmarked no later than October 30, 2026.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where an opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt out, you will not be entitled to receive any Settlement benefits, but you will not be bound by any judgment in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a Valid Claim.

No. Unless you opt out, you give up any right to sue Defendants and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Action. You must opt out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendants or other Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. 

The objection must also include all of the following information:

1. Identify the case name and number.
2. The Settlement Class Member’s full name, current mailing address, telephone number, and email address (if available).
3. Provide information sufficient to reasonably verify Settlement Class membership (such as approximate purchase date, retailer, model, or other identifying information reasonably available to the objector)
4. A statement that states with specificity the grounds for the objection.
5. A statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class.
6. Include any documents supporting the objection.
7. A statement regarding whether the Settlement Class Member (or their attorney) intends to appear at the Final Approval Hearing.
8. The signature (or electronic equivalent) of the Settlement Class Member or the Settlement Class Member’s attorney.
9. If the objector is represented by counsel or received assistance from counsel, the objection must also identify the attorney and provide the attorney’s name, address, telephone number, and email address.

To object, you must mail or file via the Court’s ECF system a timely, written objection stating that you object. To be timely, Settlement Class Members must electronically file via the Court’s ECF system, or deliver to the Clerk of the Court, by mail, express mail, or personal delivery, a written notice of objection at the following address:

United States District Court, Northern District of Illinois

Clerk’s Office

Dirksen U.S. Courthouse

ATTN: Bestway Settlement Objections

219 S. Dearborn Street Chicago, IL 60604

Objections must be postmarked (if mailed) or electronically filed with the Court by October 30, 2026.

You or your attorney may speak at the Fairness Hearing about your objection. To do so, you must include a statement in your objection indicating that you or your attorney intend to appear at the Fairness Hearing, as well as a description of any evidence the objecting Settlement Class Member may offer at the Fairness Hearing and copies of any exhibits the objecting Settlement Class Member may introduce at the Fairness Hearing.

Any Settlement Class Member who fails to file and serve timely a written objection and notice of his or her intent to appear at the Fairness Hearing, as detailed above, shall not be permitted to object to the approval of the Settlement at the Fairness Hearing and shall be foreclosed from seeking any review of the Settlement or the terms of the Agreement by appeal or other means, and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about some aspect of the Settlement. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on November 20, 2026, at 10:00 a.m. CDT before the Honorable Lindsey C. Jenkins of the United States District Court for the Northern District of Illinois, 219 South Dearborn Street, Courtroom 2119, Chicago, IL 60604.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s application for attorneys’ Fee Awards and Service Awards. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing.

Note: The Court may opt to hold the hearing in person, via Zoom, or via conference call, or may determine that a hearing is not necessary.  Additionally, the date and time of the Final Approval Hearing are subject to change. These details and any changes will be posted here. at www.PoolSettlementBW.com.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you mail an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you mail your written objection on time, the Court will consider it.

Yes, provided you have properly submitted an objection using the process described above, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in Question 20 above—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any monetary Settlement benefits, and you will give up rights explained in the “Opting Out of the Settlement” section of this notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendants, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Action. You will not give up any rights under the Pool Recall solely by failing to act under this Settlement.

This is a summary of the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here, by calling 1-855-789-5948 or by writing to:

Bestway Settlement Administrator

P.O. Box 1869

Baton Rouge, LA 70821