SETTLED
In re Under Armour Securities Litigation
FILING DEADLINES:
11/12/2024 ($434,000,000 Under Armour, Inc)
CASE NUMBER:
17-CV-00388
CLASS PERIOD:
September 16, 2015 — November 1, 2019
TOTAL SETTLEMENT FUND:
$434,000,000.00
SETTLING DEFENDANTS
Under Armour, Inc
ELIGIBLE CLASS
All persons and entities, excluding the defendants, who purchased or otherwise acquired Class A and/or Class C common stock of Under Armour, Inc. during the period from September 16, 2015, to November 1, 2019. Plaintiffs assert claims pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for Under Armour’s alleged use of improper sales and accounting practices to maintain an image of consistent growth, misrepresenting the company’s financial condition.
ELIGIBLE INSTRUMENTS
Class A and/or Class C common stock of Under Armour, Inc.
Preliminary Allegations
The complaint alleges that Under Armour, Inc. engaged in fraudulent practices to artificially inflate its financial performance and stock price. Kevin Plank, the company’s founder and CEO during the Class Period, drove an aggressive growth strategy that aimed to maintain a 20% growth streak. This strategy led to improper sales practices, including “pull forward” sales, channel stuffing, and inducements to retailers to accept more inventory than needed. These actions masked the declining demand for Under Armour’s core products, such as training t-shirts and hooded sweatshirts, which had become oversaturated in the market.
Under Armour’s brand heat, or consumer demand for its products, began to die down as the company failed to innovate and adapt to new trends like athleisure. This, coupled with the loss of major retail partners such as Sports Authority, led to significant financial pressures. Despite these challenges, Under Armour maintained unrealistic sales goals and resorted to heavy discounting and promotions, which further eroded its premium brand image.
In response to declining demand and to protect his control over the company, Plank orchestrated a recapitalization plan to issue a new class of stock, Class C shares, which were distributed as a 1:1 dividend to all Class A and Class B shareholders on April 7, 2016. This allowed Plank to sell significant shares without losing voting control. The SEC and DOJ investigations revealed ongoing deceptive practices, including moving revenue between quarters to meet sales targets. Under Armour’s stock price fell nearly 19% following the disclosures of these investigations and the company’s actual financial health. These allegations indicate that Plank and other executives knowingly engaged in these practices to maintain the façade of growth and profitability, ultimately leading to substantial economic losses for investors who purchased the company’s securities at inflated prices.
Case Summary
Class action on behalf of all persons and entities, excluding the defendants, who purchased or otherwise acquired Class A and/or Class C common stock of Under Armour, Inc. during the period from September 16, 2015, to November 1, 2019. Plaintiffs assert claims pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 for Under Armour’s alleged use of improper sales and accounting practices to maintain an image of consistent growth, misrepresenting the company’s financial condition.
Case UpdatesJanuary 11, 2016 “Under Armour cut to sell on apparel share losses at Morgan Stanley” As previously reported, Morgan Stanley analyst Jay Sole downgraded Under Armour to Underweight, the firm’s equivalent of a “Sell” rating, from Equal Weight. Data from SportScan point to Under Armour losing market share in apparel for the first time in 3 years and indicates that its average selling prices are falling at an accelerating pace, Sole tells investors in a research note, adding that both of those negative trends are more pronounced in its women’s apparel offerings. June 1, 2016 “Not Even Steph Curry Can Guard Under Armour From This Big Problem” Shares Under Armour (UA) dropped 6% in early trading Wednesday, after the sports apparel maker revised its expected full year guidance downward, citing The Sports Authority‘s bankruptcy. When news of a potential bankruptcy broke earlier this year, Under Armour noted that the event would not likely impact its sales and reiterated its full year guidance. July 26, 2016 “Under Armour earnings fall but meet expectations” Under Armour Inc. shares fell 3.2% in Tuesday premarket trading after the sports apparel and accessories company reported second-quarter earnings that fell, but met expectations. The company had net income of $6.3 million, or 12 cents per share, versus net income of $14.8 million million, or 3 cents per share, for the same period last year. Adjusted earnings for the quarter were 1 cent per share, meeting the FactSet consensus. October 25, 2016
Q3 Results.
“We continue to expect full year net revenues of approximately $4.925 billion, representing growth of 24%.”
January 31, 2017
CFO unexpectedly steps down.
“Challenges and disruptions tempered our fourth quarter growth.
January 31, 2017 “Under Armour under siege: Stock plunges 25%”
The sportswear company reported sales and earnings that missed forecasts. It also said revenues for 2017 would be lower than what Wall Street expected. And the company said its chief financial officer was stepping down for “personal reasons.” Wall Street often assumes that an executive leaving for “personal reasons” is a sign that a company is in trouble and that someone needs to take the fall. Under Armour (UAA) tanked on this trifecta of bad news. Shares plunged nearly 25% in early trading Tuesday. That put the stock on track for its worst one-day drop ever. Under Armour CEO Kevin Plank, who is part of a group of business leaders advising President Trump about economic policy for U.S. manufacturers, said in the earnings announcement that there were “numerous challenges and disruptions” in the quarter. Under Armour has been hit particularly hard by the problems facing brick-and-mortar retailers, especially those specializing in athletic wear. The Sports Authority went out of business. Finish Line (FINL) closed hundreds of stores last year.
August 1, 2017 “Under Armour shares fall 9% after company announces restructuring, job cuts” Under Armour Inc. (UAA) shares dropped more than 9% in premarket trade on Tuesday after the company lowered its full-year outlook and announced job cuts. The athletic apparel company reported a net loss of $12.3 million, or 3 cents per share, compared with a loss of $52.7 million, or 12 cents per share in the year-earlier period. FactSet’s consensus was for a loss of 6 cents per share. Under Armour revenue was $1.09 billion, up from last year’s $1.00 billion during the same quarter, and just above the FactSet consensus of $1.08 billion. Under Armour announced a restructuring play that includes job the company, including job cuts. November 4, 2019 “Under Armour Faces Scrutiny Of Accounting Practices By Federal Authorities” Under Armour denied wrongdoing Sunday amid a report in the Wall Street Journal claiming that federal investigators have launched a criminal probe into the athletic apparel company to determine if it had improperly recorded sales to strengthen earnings. |
Next StepsAll persons and entities, excluding the defendants, who purchased or otherwise acquired Class A and/or Class C common stock of Under Armour, Inc. during the period from September 16, 2015, to November 1, 2019, should contact Battea Class Action Services today. |
BRIEF COMPANY PROFILE
Under Armour, founded in 1996, is engaged in the manufacturing, development, marketing and distribution of sportsware, performance and casual apparel, footwear and accessories. Under Armour is headquartered in Baltimore, Maryland.