Flexible Polyurethane Foam Indirect Purchaser Class Action Settlement

Settlements have been reached in a class action lawsuit alleging the producers of flexible polyurethane foam conspired to raise the prices and allocate the market for the foam products. If you purchased a product that contains flexible polyurethane foam, such a couch, mattress or carpet padding, you may be entitled to a cash payment from the class action settlements.

The consolidated foam class action lawsuit (In re: Polyurethane Foam Antitrust Litigation) alleges a price-fixing conspiracy in the flexible polyurethane foam industry that caused indirect purchasers to pay higher prices for products that contain flexible polyurethane foam. The defendants named in the class action lawsuit include Carpenter Co. Domfoam International Inc., FFP Holdings LLC (f/k/a Flexible Foam Products LLC and f/k/a Flexible Foam Products Inc.), FXI Holdings Inc., Foamex International Inc., Future Foam Inc., Hickory Springs Manufacturing Company, Mohawk Industries Inc., Leggett & Platt Inc., Scottdel Inc., Valle Foam Industries Inc., Vitafoam Products Canada Limited, Vitafoam Inc., Woodbridge Foam Corporation, Woodbridge Sales & Engineering Inc., and Woodbridge Foam Fabricating Inc.

In April 2014, the court certified a Class of consumers from 29 states and the District of Columbia who indirectly purchased products containing polyurethane foam from the defendants.

Carpenter, FFP, Future Foam, FXI, Hickory Springs, Leggett, Mohawk, Vitafoam and Woodbridge have agreed to settlements, though they deny the allegations in the foam antitrust class action lawsuit. All nine class action settlements have been preliminarily approved. The settling defendants have agreed to pay a total of $151 million to settle the poly foam class action lawsuit.

If you wish to object to the class action settlement, you must do so no later than Nov. 13, 2015. If you wish to exclude yourself from the flexible polyurethane foam settlement, you must do so no later than Nov. 25, 2015.

UPDATE: On Jan. 27, 2016, an Ohio federal judge granted final approval of the $151.3 million class action lawsuit settlement.

UPDATE #2: As of 5/13/16, the Settlement Administrator has not confirmed that any payments have gone out. The settlement is currently under appeal.  Claims will not be paid until all appeals are exhausted.  Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE #3: On June 21, 2016, the final appeal in the Flexible Polyurethane Foam Indirect Purchaser class action settlement was dismissed.  Several viewers have reported that they’ve been told by the Settlement Administrator to expect payments in Spring 2017.  Top Class Actions will continue to provide updates as we learn more.

UPDATE 4: On June 2, 2017, the settlement website was updated stating that settlement check distribution was anticipated to occur in six to eight weeks.  Top Class Actions will continue to provide updates as we learn more.  Keep checking back and let us know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 5: A motion to distribute settlement funds was was filed with the court on July 10, 2017. On August 3, 2017, the judge filed an order giving class counsel until August 17, 2017 to submit billing records.  Once counsel submits this information, the judge will then take it under review.  It is not known how quickly the court will approve the motion to distribute at this time.  Please keep checking back for updates.  Top Class Actions will let our viewers know as soon as the motion to distribute is approved!

UPDATE 6: On October 30, 2017, the court granted the motion to distribute settlement funds.  The court also granted approval of additional settlement administrator costs, and some additional attorneys’ fees.  It is not known at this time how quickly claims will be paid.  Top Class Actions will let our viewers know as soon as we learn that checks are in the mail!

UPDATE 7: On Nov. 20 2017, Top Class Actions viewers started receiving checks in the mail from the polyfoam indirect purchaser class action settlement worth as much as $234. Congratulations to everyone who filed a valid claim and got PAID!

Who’s Eligible

Class Members of the polyurethane foam class action settlement include anyone who purchased, not for resale, any upholstered furniture (such as a sofa with foam cushions), bedding product (such as a mattress, mattress topper or pillows), or carpet underlay (also known as carpet padding or carpet cushion) containing polyurethane foam that was manufactured in the United States.

To qualify for benefits from the class action settlement, the product must have been purchased between Jan. 1, 1999 and Aug. 1, 2015 in one of the following states:

• Alabama
• Arizona
• California
• Colorado
• Florida
• Hawaii
• Illinois
• Iowa
• Kansas
• Maine
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Nebraska
• Nevada
• New Hampshire
• New Mexico
• New York
• North Carolina
• North Dakota
• Oregon
• Rhode Island
• South Dakota
• Tennessee
• Vermont
• West Virginia
• Wisconsin
• District of Columbia

NOTE: You are included in the Settlement Classes only if you indirectly purchased flexible polyurethane foam, instead of purchasing it directly from one of the defendants. This means that you must have purchased the eligible product from a store or retailer. To qualify for benefits from the class action settlement, the product containing flexible polyurethane foam must not have been purchased for resale.

Potential Award

Varies.

Proof of Purchase

N/A. However, claimants may be asked to provide supporting information or documentation about their purchase.

NOTE: Claimants must provide documentation if their claims total more than $100,000. Documentation should include the product name, date of purchase, state in which it was purchased, and the net purchase amount.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

2/29/2016

Case Name

In re: Polyurethane Foam Antitrust Litigation, MDL No. 2196, in the U.S. District Court for the Northern District of Ohio

Final Hearing

12/15/2015

Settlement Website

www.PolyFoamClassAction.com

Claims Administrator

In re: Polyurethane Foam Antitrust Litigation
c/o A.B. Data Ltd.
P.O. Box 170500
Milwaukee, WI 53217
1-866-302-7323
info@PolyFoamClassAction.com

Class Counsel

Marvin A. Miller
MILLER LAW LLC

Defense Counsel

N/A