1. What is this lawsuit about?
2. What is a class action?
3. Who is in the Settlement Class?
4. What are the terms of the proposed Settlement?
5. What are the benefits of the proposed Settlement?
6. How do I participate in the Spa Pump Recall?
7. How do I receive an extension to my warranty?
8. Who is eligible to receive a cash payment?
9. How do I get a cash payment?
10. How do I file a claim for a payment?
11. How much will the payment be?
12. How and when will payments be sent?
13. What happens if I do nothing?
14. How do I exclude myself (opt out) from the Settlement Class?
15. How do I object or comment?
16. What claims will be released by this Settlement?
17. Do I have a lawyer in this class action?
18. How will the lawyers be paid?
19. Should I hire my own lawyer for this case?
20. When and where will the Court decide whether to approve the Settlement?
21. Do I have to come to the hearing?
22. May I speak at the hearing?
23. Where can I get more information?
The lawsuit concerns customers in the United States who purchased Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump with model numbers P05332, P05339, P05711, P05807, P07000, P07001, P05511, P07034, or P07572 from May 2021 through May 2024 (the “Class Period”).
Plaintiffs allege Bestway sold defective spa pumps that could cause fires. Danielle Harper, Franca Armstrong, and Mandy Islam are the plaintiffs in the filed class action lawsuits against Bestway. The Operative Complaint in the case is available here. In August, 2024, Bestway recalled the spa pumps in cooperation with the United States Consumer Product Commission and provided customers with replacement pumps or cash payments. Plaintiffs claim that this remedy was insufficient. Bestway denies that it did anything wrong.
Plaintiffs and Bestway have now agreed to a settlement to resolve this lawsuit, as described in Question 4. The Court has not decided whether Plaintiffs or Bestway are correct. By agreeing to the Settlement, neither Bestway nor Plaintiffs make any admissions regarding the merits of the allegations, claims, or defenses in the cases.
The United States District Court for the District of Arizona is overseeing this lawsuit. The lawsuit is known as Armstrong et al. v. Bestway (USA) Inc., Case No. 2:24-cv-02812-DMF.
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In a class action, one or more people sue on behalf of themselves and other people with similar claims. All of these people together make up the Settlement Class and are Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.
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The “Settlement Class” in this case is defined as:
All persons in the United States (including its states, districts or territories) who purchased a Class Product during the Class Period. The Class Products are Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump with model numbers P05332, P05339, P05711, P05807, P07000, P07001, P05511, P07034, or P07572 and “Bestway.” The Class Period is May 2021 through May 2024. Excluded from the Settlement Class are any Judge presiding over the Actions, any members of their families, and Bestway and affiliated entities and their respective officers and directors.
If you received a notice of this Settlement by email or mail, Bestway’s or its retail customer’s records indicate that you are in the Settlement Class. However, you are a class member if you fit within the Settlement Class regardless of whether you received notice by mail and/or email.
People in the Settlement Class are called “Settlement Class Members.”
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The complete terms of the proposed Settlement are set forth in the Settlement Agreement. This website provides only a summary of the terms of the Settlement. The Settlement benefits and other terms are summarized in Question 5.
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If the Settlement is approved and becomes final, Bestway will:
provide one-year extension to the Bestway Limited Warranty to Settlement Class Members who received a replacement pump in the Spa Pump Recall, as described in Question 7;
make cash payments of up to $75.00 to Settlement Class Members, as described in Question 8, Question 9, Question 10, Question 11, and Question 12;
pay the costs of distributing notice and Settlement payment checks to Settlement Class Members and other costs of administering the Settlement; and
pay court-awarded attorneys' fees and expenses of the attorneys appointed by the Court to represent the Class (“Settlement Class Counsel”) and any incentive awards granted to the Plaintiffs.
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If you have not participated in the Spa Pump Recall and you still have your Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump in your possession, you must participate in the recall by visiting https://bestwayusa.com/recall-and-safety. If you have questions about the Spa Pump Recall, please contact Bestway toll-free at (888) 943-2396 from 8 a.m. to 5 p.m. ET Monday through Friday.
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All Settlement Class Members who received a replacement pump in the Spa Pump Recall will automatically receive a one-year extension to the Bestway Limited Warranty (https://bestwayusa.com/pages/our-warranties) for their replacement pump. The value of these extended warranties is estimated to be more than $8 million.
There is no need to file a claim for this benefit.
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All Settlement Class Members who received a cash payment in the Spa Pump Recall and submit a valid claim by August 17, 2026, are eligible to receive an additional cash payment of up to $75.00. If you no longer have your Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump in your possession, to be eligible to receive a cash payment of up to$75.00, you must submit a valid proof of purchase with your Claim Form.
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You must file a claim by August 17, 2026, to receive a payment. If you have not yet participated in the Spa Pump Recall but still have a Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump in your possession, you must first participate in the recall by visiting https://bestwayusa.com/recall-and-safety.
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To file a claim, you can either file a claim online here or download a Claim Form here and submit it by U.S. mail to:
Bestway Spa Pump Settlement
c/o Settlement Administrator
P.O. Box 25191
Santa Ana, CA 92799-9958
The deadline to file a claim is August 17, 2026. The Settlement Administrator will review all claims and determine eligibility.
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All Settlement Class Members who received a cash payment in the Spa Pump Recall and submit a valid claim by August 17, 2026, are eligible to receive an additional cash payment of up to $75.00. All Settlement Class Members who no longer have their Bestway AirJet Spa Pump or Bestway Hydrojet Spa Pump in their possession but submit a valid claim along with valid proof of purchase by August 17, 2026, are eligible to receive a cash payment of up to $75.00.
The total value of the cash payments to the Settlement Class Members is capped at $2,000,000.00. The cash payment paid to each Class Member who submits a timely, valid Claim Form will be reduced on a pro rata basis if the total amount of valid claims for additional cash payments submitted to the Settlement Administrator plus incentive awards to the Plaintiffs exceeds $2,000,000.00.
For more information, read the Settlement Agreement.
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Settlement payments will be issued to eligible Settlement Class Members by mailed check or electronic payment after the Settlement is approved and becomes final.
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By doing nothing, you are staying in the Settlement Class but you will not receive any payment. If you received a replacement pump in the Spa Pump Recall, you will automatically receive a one-year extension to the Bestway Limited Warranty (https://bestwayusa.com/pages/our-warranties) for your replacement pump. You also will give up the right to sue Bestway about the issues in this lawsuit. You will also be legally bound by all of the orders that the Court issues and judgments that the Court makes in this class action.
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To exclude yourself from the Settlement Class, you must mail a written request for exclusion to:
Bestway Spa Class Action Settlement
ATTN: Exclusion Request
P.O. Box 25191
Santa Ana, CA 92799-9958
To be effective, your request for exclusion must be postmarked by no later than August 17, 2026, and must include the following information:
your full name and current mailing address;
a clear statement that you wish to be excluded from the Settlement Class and do not wish to be a Class Member;
the name of this lawsuit: Armstrong et al. v. Bestway (USA) Inc., Case No. 2:24-cv-02812-DMF; and
your signature or the signature of an individual authorized to act on your behalf.
Requests for exclusion must be specific to individual Settlement Class Members, and Settlement Class Members cannot request exclusion as a class or group.
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If you are a Settlement Class Member, and have not excluded yourself from the Settlement Class, you can comment on or object to the Settlement, Settlement Class Counsels’ request for attorneys’ fees and litigation expenses, and/or the request for incentive awards to the Plaintiffs who brought this lawsuit. To object or comment, you must send to counsel (as specified below) and file with the Court a written objection/comment including the following:
your full name and current mailing address;
the name of this lawsuit: Armstrong et al. v. Bestway (USA) Inc., Case No. 2:24-cv-02812-DMF;
a statement, sworn under penalty of perjury, attesting to the fact that (i) you purchased one or more of the Class Products during the Class Period, (ii) describing the model Class Product (i.e., Bestway AirJet Spa Pump or Bestway HydroJet Spa Pump), and (iii) the date and location of purchase;
proof of purchase of a Class Product, such as through a photograph of the Class Product or, if you no longer have the Class Product, a receipt or email confirmation of the purchase;
a written statement of all grounds for the objection accompanied by any legal support for such objection;
copies of any papers, briefs, or other documents upon which the objection is based and are pertinent to the objection;
the name, address, bar number, and telephone number of your attorney, if you are represented by an attorney;
a list of all other objections submitted by you or your attorney to any class action settlements submitted in any court of the United States in the previous five (5) years, including the full case name, the jurisdiction in which it was filed and the docket number. If you or your attorney have not objected to any other class action settlements in the United States in the previous five (5) years, you shall affirmatively so state in the objection.
To be considered by the Court, your comment or objection must be filed with the Court through the Court’s CM/ECF system (or any other method in which the Court accepts filings, if any), no later than August 17, 2026. You must also serve on Class Counsel and Defense Counsel as follows:
Class Counsel | Defense Counsel | |
Stuart J. Guber, Esq. | Joel D. Smith | Jeffrey Margulies |
Note that you can ask the Court to deny approval of the Settlement by filing an objection, but you cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You have the right to consult with your own attorney, at your own expense, before deciding how best to proceed.
If you object and wish to appear at the Final Approval Hearing, you must file with the Clerk of the Court and serve upon all counsel designated above, a Notice of Intention to Appear at the Final Fairness Hearing. The Notice of Intention to Appear must include copies of any papers, exhibits or other evidence and the identity of witnesses that you (or your counsel) intend to present to the Court in connection with the Final Fairness Hearing.
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If you are in the Settlement Class definition and do not exclude yourself from the Settlement Class, and the Settlement is approved and becomes final, the Settlement will be legally binding on you and you will be bound by all judgments entered in the case. In exchange for the Settlement benefits, you will release all claims against Bestway and its affiliates listed in the Settlement Agreement concerning the Class Products. The Settlement Agreement, available here, describes the claims you are releasing (giving up) by staying in the Settlement Class. The Settlement Agreement expressly exempts claims for personal injuries and property damage (other than damage to the Class Product), which are not being released.
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Yes. The Court has appointed the following attorneys and law firms to represent the Settlement Class Members. Together, these lawyers are called “Settlement Class Counsel.”
Class Counsel | |
Stuart J. Guber, Esq. | Joel D. Smith |
You do not have to pay the Settlement Class Counsel for their time or expenses incurred in this case out of your pocket. Instead, Settlement Class Counsel will petition the Court for an award of their fees and expenses, which will be paid by Bestway (see Question 18).
The Court has also appointed Plaintiffs Danielle Harper, Franca Armstrong, and Mandy Islam as class representatives to represent the Settlement Class.
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Settlement Class Counsel will file a motion on or before July 2, 2026, asking the Court to award them attorneys’ fees and reimbursement of litigation expenses up to $807,591.00. The attorneys’ fees and expenses awarded by the Court will be the only payment to Settlement Class Counsel for their efforts in achieving the Settlement and for their risk in undertaking this representation on a wholly contingent basis. In addition, Settlement Class Counsel will ask the Court on or before July 2, 2026, to award each of the Plaintiffs representing the Settlement Class a service award of $2,500.00 to compensate them for their efforts and commitment on behalf of the Settlement Class in this lawsuit.
The Court will determine the amount of attorneys’ fees, expenses, and incentive awards to award. Settlement Class Counsel’s application for attorneys’ fees, expenses, and incentive awards will be available on the Important Documents page of this Settlement website when it is filed. Any unawarded attorney’s fees, expenses, or incentive awards will be distributed pro rata to each Settlement Class Member who submits a valid claim for a cash payment.
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You do not need to hire your own lawyer because Settlement Class Counsel represents you and the other members of the Settlement Class already. However, you have the right to hire your own lawyer. If you want your own lawyer separate from Settlement Class Counsel, you will have to pay for that lawyer.
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The Court will hold a Final Approval Hearing at 9:00 a.m. on September 18, 2026, in the United States District Court of the District of Arizona, Sandra Day O’Connor U.S. Courthouse, Courtroom 501, 401 West Washington Street, Phoenix, Arizona, 85003. The hearing may be moved to a different time without additional notice and/or may be held remotely or telephonically. Please check this Settlement website for updates or changes.
At the Final Approval Hearing, the Court will consider whether the Settlement should be approved as fair, reasonable, and adequate. The Court will also consider Settlement Class Counsel’s application for attorneys’ fees, expenses, and service awards to the Plaintiffs. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the Settlement. We do now know how long these decisions will take.
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No. Settlement Class Counsel will answer questions the Court may have but, you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. So long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
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You may ask the Court for permission to speak at the Final Fairness Hearing. You cannot speak at the hearing if you exclude yourself from the Settlement Class.
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This website and the Notice summarize the proposed Settlement and important case deadlines. More details are in the Settlement Agreement and the Complaint, which are available along with other case-related documents on the Important Documents page. You can also get more information by calling the Settlement Administrator at (833) 386-6517, or by contacting Settlement Class Counsel at info@SKClassActions.com.
You can also get additional information about the lawsuit by accessing the Court docket in this case, for a fee, through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov., or by visiting the office of the Clerk of the Court for the United States District Court for the Arizona, Sandra Day O’Connor U.S. Courthouse, 401 West Washington Street, Phoenix, Arizona, 85003, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.
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