Anne Bucher  |  March 6, 2018

Category: Closed Class Actions

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This settlement is closed!

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paint-brush-paint-bucket

A $3.5 million settlement has been reached in an antitrust class action lawsuit involving architectural paint that contained titanium dioxide manufactured by E. I. DuPont de Nemours and Company, Huntsman International LLC, Kronos Worldwide Inc., and Cristal USA Inc. f/k/a Millennium Inorganic Chemicals Inc.

If you purchased architectural paint for use at your home or business between Jan. 1, 2002 and Dec. 13, 2017, you may be entitled to cash compensation from the DuPont class action settlement.

The DuPont class action lawsuit alleges the defendants engaged in a conspiracy to fix, raise, maintain and stabilize the price of titanium dioxide in violation of federal antitrust laws.

Under the terms of the DuPont class action settlement, architectural paint refers to “pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application containing titanium dioxide.”

This type of paint can be used to paint walls, ceilings, floors, and other interior or exterior surfaces.

The defendants deny the allegations but agreed to settle the titanium dioxide class action lawsuit to avoid the burden and expense of ongoing litigation. The titanium dioxide settlement was preliminarily approved on Dec. 13, 2017.

Class Members who would like to opt out of or object to the DuPont titanium dioxide paint settlement must do so no later than June 15, 2018.

Who’s Eligible

Class Members of the titanium dioxide antitrust settlement include: “All purchasers in the United States of Architectural Paint for personal use and not for resale containing, in some form, Titanium Dioxide manufactured by one or more of the Defendants or co-conspirators, or any predecessors, parents, subsidiaries, or affiliates thereof from January 1, 2002 until December 13, 2017.” All Class Members are entitled to injunctive relief.

The Damages Settlement Class includes anyone who either purchased architectural paint from a seller in a Damages State or who lives in a Damages State and purchased architectural paint for personal use that contained titanium dioxide manufactured by one or more of the Defendants or co-conspirators between Jan. 1, 2002 and Dec. 13, 2017.

The Damages States are:

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

$0.76 per gallon of paint for all eligible claims filed by Damages Settlement Class Members.

Class Members who are submitting claims for $600 or more must submit a W-9 form along with a completed Claim Form (the W-9 form is available on the settlement website).

Proof of Purchase

None required to claim up to 10 gallons of paint. Claims for 11 or more gallons of paint require proof of purchase.

NOTE: No claim may exceed 2,000 gallons of paint. Claims may be reduced pro rata if Class Members make claims in excess of the amount of money available in the Settlement Fund.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

6/15/2018

Case Name

Jan Harrison, et al. v. DuPont, et al., Case No. 5:13-cv-01180-BLF, in the U.S. District Court for the Northern District of California, San Jose Division

Final Hearing

8/16/2018

UPDATE: The DuPont Titanium Dioxide Architectural Paint Class Action Settlement was granted final approval on October 22, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE 2: On Feb. 7, 2019, Top Class Actions viewers started receiving checks from the DuPont paint class action settlement worth as much as $105.17. Congratulations to everyone who filed a claim and got PAID!

Settlement Website
Claims Administrator

Titanium Dioxide Paint Settlement Administrator
c/o Digital Settlements Group
P.O. Box 1571
West Palm Beach, FL 33402
1-877-388-5623
info@TitaniumPaintSettlement.com

Class Counsel

Don Barrett
BARRETT LAW GROUP PA

Jonathan W. Cuneo
CUNEO GILBERT & LADUCA LLP

Defense Counsel

Counsel for DuPont:
Beatrice B. Nguyen
Shari Ross Lahlou
CROWELL & MORING LLP

Counsel for Cristal USA:
James L. Cooper
Ryan Watts
ARNOLD & PORTER LLP

Counsel for Kronos Worldwide:
Paul Edward Coggins
Kelly R. Vickers
Regina J. McClendon
LOCKE LORD LLP

Counsel for Huntsman International:
James Arthur Reeder Jr.
Erica T. Krennerich
VINSON & ELKINS LLP

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68 thoughts onDuPont Titanium Dioxide Architectural Paint Class Action Settlement

  1. David W. Strausser says:

    Add me as used in my business of general contractor

  2. Amie Phillips says:

    Please add me

  3. jean says:

    please add me

  4. Linda Reynolds says:

    Add me

  5. Madeline Caliendo says:

    Please add me

  6. ANNA CASTORO says:

    form does not work for individual claim

  7. Lisa Killey says:

    Add me

  8. Julie says:

    What are the names and brands that the affected paint would have been sold as?

  9. pigtilly2000 says:

    @j

    From the Settlement site FAQ’s

    “For purposes of this settlement, Architectural Paint purchased in the United States between January 1, 2002 and December 13, 2017 is presumed to contain Titanium Dioxide manufactured by one or more of the Defendants or co-conspirators, or any predecessors, parents, subsidiaries, or affiliates.”

    So, its all assumed to contain Titanium Dioxide.

  10. j says:

    How does people know if the paint contained titanium dioxide?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.