On June 18, 2019, Carol Richter filed a personal injury and product liability lawsuit against Ashley Black, the inventor of the myofascial self-massage tool FasciaBlaster. Ms. Richter filed her original allegations in the US District Court for the Northern District of Ohio. In the lawsuit, Ms. Richter claimed that the use of the FasciaBlaster tool resulted in an incredible array of physical injuries ranging from "hernia, tinnitus, brain fog/confusion, mood swings, 20-pound weight gain to Hepatitis C."
Ashley Black asked Ms. Richter to substantiate her outlandish claims. The fascia expert asked Ms. Richter, a former FasciaBlaster advocate, for evidence of her claimed injuries and to prove the direct connection that aligns the FasciaBlaster with the creation of those injuries. Because the FasciaBlaster has proven safe and effective, it was highly doubtful that Richter's injuries were accurate and more doubtful that she could find a believable way to link unrelated problems to the use of the FasciaBlaster.
Ms. Richter failed to produce any evidence to substantiate her claims and asked for a stipulated voluntary dismissal of her case in its entirety. The court ordered that stipulated dismissal on December 19, 2019, without awarding Ms. Richter a dime of settlement money. With no monetary incentive left on the table, Ms. Richter decided that any viable reason to move forward with her case no longer existed.
Growing Trends: Phony Lawsuits Mounted By Opportunists for Quick Cash
Conveniently, Ms. Richter also found herself involved in mounting a completely different class-action warranty case in the state of Texas. This time, the class allegations against Ashley Black claimed the FasciaBlaster didn't work as advertised. That case filed over two years ago saw a final decision recently from a judge in a Houston courtroom. This particular class action lawsuit consistently plagued Ashley Black in the press and confused possible FasciaBlaster customers who were seeking help. Black spent over $1M to fight the claims made in the class allegations. The FasciaBlaster had seen study after study over the last several years, and Black had scientific proof that she was right, the FasciaBlaster was safe to use, and that the courts were being duped.
Ashley Black commented on the fight recently in an interview. "I will never throw money at bad people, bad actions, and things I fundamentally believe are wrong with our society. It is legal reform I desire, and I will take the hit defending the truth even if I have to take a blood bath on the internet."
Ashley Black and the FasciaBlaster Wave Goodbye to Class Actions
The class-action lawsuit that recently came to a close (yes, the same suit that had our good friend and upstanding citizen Carol Richter attached) saw another former Fasciablasting cheerleader Emily Elson leading the charge. The case brought by Elson against Black met its demise on April 2, 2021, in a United States District Court in Houston, TX. The court, moving to certify the class allegations brought against Black and the FasciaBlaster device's warranty, authorized a motion to strike the allegations for both the class and the subclass altogether.
In Lehman's terms, Emily Elson and her lawyers were told that their entire case was defective. The court definitively determined that a class action lawsuit was a no-go. Our friend, Carol Richter, was now zero for two in her battles against the connective tissue-regenerating self-massage tool.
This courtroom win for Ms. Black and her FasciaBlaster tools was the welcomed end to a 3-year drudge through multiple baseless class action suits and the outlandish personal injury suit that all concluded with the court throwing out the Plaintiff's arguments against the FasciaBlaster tools. Not one held up in court, and today the decisions stand a decisive victory for Ashley Black and the FasciaBlaster. Yet, the battles waged did so much more damage, and the extent of these fake allegations' repercussions can be felt far beyond the courtroom walls.
FasciaBlaster Warranty or Injury?
Warranty claims were at the center of the Elson vs. Black class allegations. The lawsuit asserted that Ashley Black's medical device/biotechnology, the FasciaBlaster®, and similar devices, failed to operate correctly and were, therefore, a breach of warranty. The actual class-action suit centering around warranty issues was almost laughable because the warranty had not been an issue for the FasciaBlaster since long before the class action was ever filed in court. Why? Black had created a 1,000-day money-back guarantee on all the FasciaBlaster tools. Emily Elson and her cohorts could have very easily and quickly sent their devices back to the company for a full refund, no harm done. Warranty, not an issue. The company's claims have been peer-reviewed and published in Cogent Medical Journal since the class allegations were first filed medically and scientifically, proving the opposite of many of the claims made.
The Real Mission to Bring Down the FasciaBlaster Inventor
When talking to the media throughout the last three years, Emily Elson, the other members of the class, and their team of lawyers regularly buried talk of warranty. They opted to cushion the suit with reports of unverified and fabricated injuries planted with one reason, to catch the media's eye, turn the story of the purpose behind the class action lawsuit, and confuse the public to believe that the FasciaBlaster tools were on trial due to injuries caused.
The FasciaBlaster was not on trial for any injury it might have caused. This injury fabrication could not have been further from the truth. The smoke and mirrors trick worked in a few hit pieces as the media failed to report on the real warranty issue at the center of the class allegations. Instead, the dubious media outlets played into Plaintiff's hands. A few journalists ran with a much more appealing story, which was the tale of woe, and injury spread by members of the class. Again, injury had nothing to do with the court case and allegations thrown out of that Texas courtroom on April 2. What was worse, the injuries the class reported to the media were either wholly fabricated or falsely tied to the use of the FasciaBlaster tools.
"We believe the claims were falsified because the women first wrote to the company and posted pictures on social media of their amazing results, but then the lawsuits were filed with opposite statements," said Gary Solomon, a legal representative for the company. "We have videos of members of the lawsuit praising Ashley Black and the FasciaBlaster device. It seems ironic that they went from telling the world about their health benefits from using the FasciaBlaster, and having measurable and quantifiable results, to then participating in a class-action suit. Even after being presented with irrefutable evidence that their clients were lying, the Plaintiff's lawyer refused to drop the case."
From Fan to Faux Overnight: A Typical Fasciablaster Hater Story
Two women who were a part of the class-action lawsuit had even participated in a medical study for the FasciaBlaster with Ashley Black. The Fasciablaster team still has video footage of these women raving about their positive results. Ashley Black and her team had kept the women's ultrasounds, blood results, and intake/outtake forms. They had every piece of irrefutable evidence one could ever need to prove these women had experienced very positive outcomes after 90 days using the FasciaBlaster tools. Positive results that within months turned into false injury claims all over social media.
If that was not enough, these same women attended Ashley Black's The Cellulite Myth book tour and stood in the autograph line decked out in FasciaBlaster gear. These were not the actions of people who suffered injuries or did not think the FasciaBlaster device worked adequately and had warranty issues.
These people who assisted Emily Elson in mounting this class action lawsuit went so far as to participate in hate groups on social media. These groups formed and teamed up to systematically use the FDA's anonymous reporting system, easily accessed by the general public, to report alleged and false injury claims from the use of the FasciaBlaster. Since the reporting was anonymous, these haters recorded allegations and did not need proof or substantiation by any verifiable source. One member posted this statement on an anti-FasciaBlaster Facebook group page created, "I'm off to get my fake medical report and fake diagnosis. FDA time when I get home," as the group cheered her on.
These confirmed enemies of the FasciaBlaster brand had come up with the perfect crime.
Even Bogus Claims are Bad for Business
The collective of haters and their actions slowed Ashley Black's ability to spread her message of health and vitality, knowing that her tools can regenerate tissue, a considerable advancement for health and beauty. His studies proved in ultrasound imaging and pictures that cellulite is curable with ongoing use. But for even the most illegitimate and unrealistic reports that these people made, Black and her company were still required to investigate and run through medical review. So, instead of talking about the FasciaBlaster, Black's team spent days and nights for months at a time working to adequately research and document FDA claims that were certifiably bogus from the beginning.
Ashley Black's team had every claim reviewed by an independent MD for legitimate analysis. Not one was ever validated, despite copious efforts by her team to obtain certifiable medical records they could legitimately use to report to the Federal Drug Administration (FDA). The FasciaBlaster is FDA registered as a Class I medical device, so the company required you to report all findings around claims against their products.
To date, the FasciaBlaster tools and other products sold continue to keep a perfect record without one single verifiable injury having been reported to Ashley Black's team. Considering that over 1.5M products have sold, that is quite an accomplishment.
Key FasciaBlaster Battles Won, But a Bigger War is Brewing
Ashley Black currently has no lawsuits against her or her companies pending. Black and her Fasciablaster are in the clear after an exhausting three years.
However, she continues to fight for justice in the Supreme Court of Texas for the right to file a defamation case involving internet warfare. Karen Wallace claimed that the FasciaBlaster tools killed her unborn children, flagrantly posting images of her deceased fetuses on multiple social media channels for anyone to see.
The strange thing about Wallace's claim is that the date she first purchased the FasciaBlaster was after her first miscarriage. She went on to post a video of herself blowing up the FasciaBlaster tools with an assault rifle. Ms. Wallace also created multiple videos where she blasted raw meat to try and represent detached fascia.
Karen Wallace was also another participant in the hate group that reported "injuries" to the FDA anonymously. More specifically, she inboxed potential customers to warn them about her alleged medical problems. She cited everything from malabsorption of nutrients to weight gain as FasciaBlasting side effects.
Today, Karen Wallace continues to report that Ashley Black sued her for "just posting an honest review." The company and Ashley Black maintain that Wallace maliciously posted lies, practiced tortious interference, and conspired to cause real-life harm. Before these incidents, Ms. Black did not know and had never even met Karen Wallace and has no idea why she went so far with lies about the Fasciablaster results or what caused her to act in such a manner.
The court costs in dealing with Ms. Wallace's claims have risen into the hundreds of thousands of dollars, yet Black has not obtained the right to present evidence to the court in her defense to date.
Black says, "There is nothing in this case for me. There is no money. There is no justice. I am continuing so that I and other businesses don't lose our last right to combat egregious internet attacks. If I don't win this case, then anyone can do whatever they want on the internet and cause harm to businesses, people, and families with no legal recourse".
A New Mission for Ashley Black
Luckily, justice was served up correctly in that Houston courtroom on April 2, and hopefully, this will be the last heard from these fraudulent, hating obsessors. Ashley Black will finally have the time free to do the work she always intended to do and continue to share the good news of her medical breakthroughs. However, she may have a second mission to accomplish, having experienced these terrible haters first hand. With all Black endured and learned, supporting legal reform and creating laws for applications that post hate groups is becoming a passion.
"I personally go looking for any possible side effect or problem with my products. We investigate every comment on social media and in reviews. If there were any legitimate concern with my products, I would be the first to warn everyone," stated Ashley Black. "I created these products to help people with their health dramatically. If my products hurt people or didn't work, I wouldn't be doing this. I would like to see a change in our courts that don't allow class actions to be filed without merit and that our FDA, designed to protect consumers, cannot be used as part of internet troller's games. I have to stand up for what's right, and this is why I did not and will not settle. If people like me lie down or take the easy road of settlement, incredible inventions will be suppressed, and tenacious entrepreneurs will get annihilated. The fundamental amendment that protects my right and your right to the pursuit of happiness is at stake. The quest is tainted if internet trolls can legally mount campaigns, lying and scheming with no recourse.
About Ashley Black:
Ashley Black is a #1 National Bestselling Author of The Cellulite Myth, Co-author of the scientific paper "The Effects of Fascia manipulation with Fascia Devices on Myofascial Tissue, Subcutaneous Fat and Cellulite in Adult Women" and Inventor of the FasciaBlaster®. After suffering from Juvenile Rheumatoid Arthritis, a bone-eating infection, and a total hip replacement, she had no choice but to look for answers that would defy her medical prognosis of a life of pain management and debilitation. She discovered that limitations and pain in her body were due to thickening and scarring of fascia, the "sheets" of connective tissue that connect, penetrate, envelope, and surround every organ, joint, muscle, and system of the body. This contributed to the creation of a new field of science: FasciologyTM - the study of fascia - and inspired her to invent the FasciaBlaster® devices. Her mission in life is to bring evidence-based information and products that empower the masses to take care of themselves and to continue to teach her knowledge to progressive health care practitioners and healers.
Through her experiences with FasciologyTM she realized that she could not only help debilitated and hopeless people become "normal," but that could also help high-level athletes become even better. Ashley built her first Fasciology clinic in 1999 and has gone on the help Hollywood A-listers and top-tier professional athletes before launching her inaugural self-treating device in 2015. The FasciaBlaster® hit the market in March of that year and users began experiencing life-changing results in aesthetics, pain management, and overall health. For more information on Ashley, visit www.AshleyBlackGuru.com.