Rooms To Go ForceField Protection Plan Class Action Settlement

A $13.5 million class action settlement will benefit Rooms To Go customers who allegedly didn’t get the upholstery protection plan they paid for.

Plaintiffs Benjamin Hankinson, James Guerra, and Jeanette Gandolfo filed this Rooms To Go class action lawsuit in August 2015, raising claims against R.T.G. Furniture Corp. and several of its associated business entities, which together do business as Rooms To Go.

The plaintiffs were later joined by co-plaintiffs Lisa Palmer, Donald Anderson, and Lisa Prihoda. A separate Rooms To Go class action lawsuit was filed by plaintiff Kenny Triplett in December 2016.

Rooms To Go sells furniture through its website and brick-and-mortar retail stores. The plaintiffs take issue with upholstery protection plans that Rooms To Go offers in conjunction with purchases of its furniture, at a cost of 10 percent of the furniture’s purchase price.

These plans are known as the ForceField Fabric Protection Plan and the ForceField Leather Protection Plan. Under these plans, Rooms To Go treats the furniture’s upholstery with a stain protectant and offers a three-year warranty against certain stains that can’t be removed with the provided cleaner.

According to the plaintiffs, Rooms To Go failed to properly apply the protectant to furniture covered by the ForceField plan. They claim the protectant was applied poorly or not at all. Outside testing revealed that no protectant had been applied to furniture that was sold with a ForceField protection plan, the plaintiffs claim.

Palmer additionally claims that she was charged for a ForceField protection plan even though she never purchased one.

Rooms To Go continues to deny the plaintiffs’ claims. The settlement does not require Rooms To Go to admit any fault, and the court has made no determination as to liability.

The parties secured preliminary approval of this class action settlement in August 2017. Under terms of the Rooms To Go class action settlement, Rooms To Go will pay up to $13.5 million in valid Class Members’ claims. Claimants may choose to receive either a partial cash rebate or a voucher good toward one future Rooms To Go purchase.

To make a claim, Class Members must submit the Claim Identification Number that was provided in their email or postcard notice.

Class Members have until Nov. 17, 2017 to submit a written objection to the settlement’s terms or request to be excluded from the settlement.

Who’s Eligible

The settlement Class covers all persons who, within the U.S. and during the Class Period, purchased a ForceField fabric or leather protection plan from Rooms To Go or any of its affiliates, excluding any protection plans that sold for $8 or less.

The beginning of the Class Period varies depending on the applicable state. In all cases, the Class Period ends on Aug. 4, 2017, the date of preliminary approval of the settlement.

Potential Award

Up to $125.

Qualifying Class Members may choose one of the following settlement benefits:

A check for 10 percent of the total amount they paid Rooms To Go for the ForceField protection plans purchased within the Class Period. If claims for cash exceed $13.5 million, the payment amounts will be reduced on a pro rata basis; or

A merchandise voucher worth 45 percent of the total amount paid for all ForceField protection plans purchased within the Class Period, up to a maximum value of $125. The voucher is good toward a new purchase from a Rooms To Go store within the U.S. (though not for online purchases). There is no limit on the number of merchandise vouchers available under the settlement.

Proof of Purchase

The settlement website does not mention any need to provide proof of purchase.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

1/15/2018

Case Name

Hankinson, et al. v. RTG Furniture, et al., Case No. 9:15-cv-81139, in the U.S. District Court for the Southern District of Florida

Final Hearing

12/15/2017

UPDATE: The Rooms To Go ForceField Protection Plan Class Action Settlement was granted final approval on December 15, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

Settlement Website

www.StainProtectionSettlement.com

Claims Administrator

Hankinson, et al. v. RTG Furniture Corp. Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404018
Louisville, KY 40233-4018
1-855-505-1506

Class Counsel

Douglas J. McNamara
Eric A. Kafka
Theodore J. Leopold
Leslie M. Kroeger
Diana L. Martin
COHEN MILSTEIN SELLERS & TOLL PLLC

Defense Counsel

Jamie Zysk Isani
Corey Lee
Walfrido J. Martinez
HUNTON & WILLIAMS LLP

Randi Engel Schnell
Frank M. Lowrey IV
Joshua F. Thorpe
BONDURANT MIXSON & ELMORE LLP