If You Purchased a Product That Contains Flexible Polyurethane Foam,
Such as a Mattress, a Couch, or Carpet Underlay,
You Could Be Eligible to Receive Money
by Participating in Nine Proposed Class Action Settlements Valued at
TO DETERMINE IF YOU ARE ELIGIBLE TO RECEIVE MONEY, READ BELOW.
YOUR LEGAL RIGHTS ARE AFFECTED.
PLEASE READ THIS NOTICE CAREFULLY.
To File a Claim, Visit www.PolyFoamClassAction.com
Para una notificación en español, llamar o visitar nuestro website.
Who is paying the settlement money?
A lawsuit known as In re Polyurethane Foam Antitrust Litigation, Case No. 10-MD-2196, is pending in the United States District Court for the Northern District
of Ohio in Toledo. The Court previously approved Settlements with two Defendants in the lawsuit: Valle Foam Industries, Inc. and Domfoam International, Inc.
Additional Settlements have now been reached with the following Defendants: (1) Carpenter Co., (2) FFP Holdings LLC, ( 3) Future Foam, Inc., ( 4) FXI
Holdings, Inc., ( 5) Hickory Springs Manufacturing Company, ( 6) Leggett & Platt, Incorporated, ( 7) Mohawk Industries, Inc., ( 8) Vitafoam (Vitafoam Products
Canada Limited, and Vitafoam, Inc.), and ( 9) Woodbridge (Woodbridge Foam Corporation, Woodbridge Sales & Engineering, Inc., and Woodbridge Foam
Fabricating, Inc.). Together, these “Additional Settling Defendants” will be paying a total of $151,250,000 into the Settlement Fund. There are no other
Defendants that have not settled.
What is the lawsuit about?
Several individuals and businesses (“Plaintiffs”) brought claims on behalf of a Class of end-user “indirect” purchasers of products that contain flexible
polyurethane foam manufactured or supplied by the Defendants. These products include bedding (for example, mattresses, mattress toppers, or pillows) carpet
underlay (also called carpet padding or carpet cushion), and upholstered furniture (for example, a sofa with foam cushions).
Plaintiffs claim Defendants engaged in a conspiracy to: (i) increase prices of flexible polyurethane foam and (ii) not compete for, or “allocate,” customers.
Plaintiffs contend Defendants violated numerous States’ antitrust and consumer protection laws. Defendants deny these claims and deny they are liable to
Plaintiffs in any way. The Court has not decided who is right.
Who is included in the lawsuit?
YOU are included in the lawsuit and may be entitled to money IF:
1. You purchased one or more of the following products containing flexible polyurethane foam that was manufactured in the United States: upholstered furniture
(such as a couch with foam cushions), carpet underlay (foam padding), or bedding products (such as a foam mattress or pillow), and
2. You are the end-user of the product that you purchased, meaning you did not buy it for resale to someone else, and
3. You made your purchase in AL, AZ, CA, CO, DC, FL, HI, IL, IA, KS, ME, MA, MI, MN, MS, MO, NE, NV, NH, NM, NY, NC, ND, OR, RI, SD, TN, VT,
WV, or WI, and
4. You made your purchase during the time period January 1, 1999 to August 1, 2015.
What do the Settlements provide?
Defendants in the nine Settlements will pay a total of $151,250,000. If the Plan of Allocation is approved by the Court, payments will be made to each Claimant
from each Settlement pro rata based on the number of valid claims filed and the amounts paid for qualifying products. You can obtain more details about the
Plan of Allocation at www.PolyFoamClassAction.com, or by calling 1-866-302-7323.
The Settlement Fund may also be used to pay for: (1) the cost to administer the Settlements, (2) attorneys’ fees, costs, and expenses, and ( 3) awards to Class
Representative Plaintiffs. Plaintiffs’ counsel will request attorneys’ fees not to exceed thirty percent (30%) of $151,250,000, plus reimbursement of costs and
expenses. The Court will then decide a reasonable fee and expense award.
How can I get a payment?
You must submit a Claim Form to get a payment. You can submit a claim online or by mail. The deadline to submit a claim is FEBRUARY 29, 2016. Claim
Forms are available at www.PolyFoamClassAction.com, or by calling 1-866-302-7323.
Who represents you?
The Court has appointed Marvin A. Miller of Miller Law LLC to represent the Plaintiff Class.
What are your options?
1. Participate. If you made purchases that include you in this lawsuit and you do not timely request to be excluded from the Settlements, then you will
automatically be bound by the terms of the Settlements. You will also be legally bound by all orders and judgments of the Court. You will not be able to sue the
Additional Settling Defendants in any other lawsuit for conspiring to fix prices or allocate customers of flexible polyurethane foam. In order to get a payment
from the Settlement Fund, you must submit a Claim Form.
2. Don’t Participate. If you do not want to be a part of one or more of the nine Settlements, you may request to be excluded. If you are excluded from a
Settlement, you will not be bound by or benefit from that Settlement, or any other Court orders relating to that Settlement, but you will keep your right to sue
or resolve your claims on your own against that Additional Settling Defendant. To see the requirements for submitting a valid request to exclude, visit
www.PolyFoamClassAction.com, or call 1-866-302-7323. Requests to exclude must be in writing and received by NOVEMBER 25, 2015.
The Court will hold a hearing to decide whether to approve the nine proposed Settlements. The hearing will be on DECEMBER 15, 2015, at 10:00 a.m. at the
Ashley U.S. Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio 43604. The Court may change the date, time, or location of the hearing. To obtain the most
up-to-date information regarding the hearing date and location, please visit www.PolyFoamClassAction.com, or call 1-866-302-7323.
If you choose to participate in one or more of the Settlements, you may object to or comment on those Settlements in writing by NOVEMBER 13, 2015.
You or your own lawyer may appear and speak at the hearing at your own expense. To see the requirements for filing an Objection, visit
www.PolyFoamClassAction.com, or call 1-866-302-7323.
Do you have questions?
If you have questions, want more details, or want to see other documents describing this lawsuit and your rights, visit www.PolyFoamClassAction.com, or call
Para una notificación en Español, llamar o visitar nuestro website.
PLEASE DO NOT CONTACT DEFENDANTS OR THE COURT FOR INFORMATION REGARDING THIS LAWSUIT OR THE SETTLEMENTS.