NEW YORK, April 26, 2021 /PRNewswire/ — Pomerantz LLP announces that a class action lawsuit has been filed against XL Fleet Corp. («XL Fleet» or the «Company») (NYSE: XL) and certain of its officers. The class action, filed in the United States District Court for the Southern District of New York, and docketed under 21-cv-02171, is on behalf of a class consisting of all persons and entities other than Defendants that purchased or otherwise acquired XL Fleet securities between October 2, 2020 and March 2, 2021, inclusive (the «Class Period»). Plaintiff pursues claims against the Defendants under the Securities Exchange Act of 1934 (the «Exchange Act»).
If you are a shareholder who purchased XL Fleet securities during the Class Period, you have until May 7, 2021 to ask the Court to appoint you as Lead Plaintiff for the class. A copy of the Complaint can be obtained at www.pomerantzlaw.com. To discuss this action, contact Robert S. Willoughby at email@example.com or 888.476.6529 (or 888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to include their mailing address, telephone number, and the number of shares purchased.
XL Fleet provides vehicle electrification solutions for commercial and municipal fleets in North America. The Company offers hybrid and plug-in hybrid electric drive systems.
XL Fleet formed via merger of XL Hybrids, Inc. and Pivotal Investment Corporation II («Pivotal»), which closed on or about December 22, 2020. Pivotal was a special purpose acquisition company incorporated for the purpose of entering into a merger, share exchange, asset acquisition, share purchase, recapitalization, reorganization or similar business combination with one or more businesses or entities.
The complaint alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (i) XL Fleet’s salespeople were pressured to inflate their sales pipelines to boost the Company’s reported sales and backlog; (ii) at least eighteen of the thirty-three customers that XL featured were inactive and had not placed an order since 2019; (iii) XL’s technology had been materially overstated and offered only 5% to 10% of fleet savings; (iv) XL lacks the supply chain and engineers to roll out new products on the announced timelines; and (v) as a result of the foregoing, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis.
On March 3, 2021, Muddy Waters Research («Muddy Waters») published a report entitled «XL Fleet Corp. (NYSE: XL): More SPAC Trash,» alleging, among other things, that salespeople «were pressured to inflate their sales pipelines materially in order to mislead XL’s board and investors» and that «customer reorder rates are in reality quite low» due to «poor performance and regulatory issues.» Citing interviews with former employees, the report alleged that «at least 18 of 33 customers XL featured were inactive.» Muddy Waters also claimed that XL Fleet has «weak technology» and that «XL’s announcement of future class 7-8 upfits seems highly promotional» because the task is «too technologically complex for XL engineers to deliver on the promised timeline.»
On this news, the Company’s share price fell $2.09 per share, or 13%, to close at $13.86 per share on March 3, 2021, on unusually heavy trading volume. The share price continued to decline by $2.69 per share, or 19.4%, over two consecutive trading sessions to close at $11.17 per share on March 5, 2021, on unusually heavy trading volume.
The Pomerantz Firm, with offices in New York, Chicago, Los Angeles, and Paris is acknowledged as one of the premier firms in the areas of corporate, securities, and antitrust class litigation. Founded by the late Abraham L. Pomerantz, known as the dean of the class action bar, the Pomerantz Firm pioneered the field of securities class actions. Today, more than 80 years later, the Pomerantz Firm continues in the tradition he established, fighting for the rights of the victims of securities fraud, breaches of fiduciary duty, and corporate misconduct. The Firm has recovered numerous multimillion-dollar damages awards on behalf of class members. See www.pomerantzlaw.com
Robert S. Willoughby
888-476-6529 ext. 7980
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SOURCE Pomerantz LLP