Attorney General Phil Weiser announces mask company will give hundreds of Coloradans the option to receive refunds it promised

Feb 10, 2022 (DENVER)—Attorney General Phil Weiser today announced that a crowdfunded Colorado mask company will offer refunds to Coloradans who supported its crowdfunding campaigns to develop a product that would eliminate 99% of pathogens to protect customers during the COVID-19 pandemic, and then neglected to honor its satisfaction guarantee when customers later requested refunds.

The company, Measure, Inc., which crowdfunded for its UVMask product under the company name UM Systems, initially offered a “100% satisfaction guarantee” and a complete refund to consumers who wanted one. The crowdfunding campaign for the UVMask project began on June 25, 2020, and, per Measure’s own statements, was one of the most funded campaigns in the history of Kickstarter or Indiegogo. As of Oct. 16, 2021, the company had 34,065 backers who pledged $4,194,731 across both crowdfunding sites. A total of 425 of those backers were Coloradans, who pledged a combined $89,000.

Measure later limited its refund and satisfaction guarantee but pledged to honor the previous policy for people who were backers of the company before the policy changed. When these same backers tried to return their masks, however, Measure changed the terms of the guarantee and declined to provide the complete refund—instead, they only offered consumers who returned the masks store credit.

“Colorado consumers made vulnerable by the fear amid a global pandemic purchased an experimental mask product, believing it would keep them safe, in some cases investing hundreds of dollars,” Weiser said. “This company neglected to honor its promises to consumers who wanted their money back. This settlement will ensure that the company fulfills its promise and customers who are unsatisfied with the product will have their money returned.”

In today’s settlement, Measure agreed to email the 425 Coloradans who were backers of the product that they can submit a claim form to request a refund. Claimants will not be required to return the product to be entitled to the refund. Depending on where the person made their contribution, the refund will then come through Kickstarter or Indiegogo.

The company will also pay $100,000 to the State of Colorado, and an additional $50,000 should it fail to comply with the refund process. The payment will be used for reimbursement of the State’s actual costs and attorneys’ fees, the payment of restitution, if any, and for future consumer fraud or antitrust enforcement, consumer education, or public welfare purposes.

Coloradans who believe they may have been a victim of illegal business practices, fraud, or scams should file a report with the Attorney General’s Office at 800-222-4444 or StopFraudColorado.gov.

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