DuPont Settles Paint Price-Fixing Class Action for $3.5M

A class action lawsuit alleging DuPont and other chemical manufacturers schemed to fix the price of a paint ingredient was settled in a California court.

In 2013, various paint buyers alleged in their class action lawsuit that the price of titanium dioxide, an ingredient in paint, was fixed by DuPont and other chemical companies starting in 2002.

“The proposed Settlement Agreement here arises out of extended, informed, arm’s length negotiations between experienced counsel for the parties. The parties reached agreement after nearly four years of litigation, review of the relevant record in the Direct Purchaser Action, and investigation prior to and after filing,” the motion for preliminary approval of the settlement agreement states.

Under the terms of the settlement, those who purchased DuPont paint will receive $0.76 per gallon of paint reimbursement for up to 10 gallons without proof of purchase. Additionally, DuPont and the other companies have agreed to stop engaging in price-fixing behavior for two years.

“The monetary and injunctive relief components of the settlement are major benefits to the class and the public, and the likelihood of near term payout is significant,” said the plaintiffs in a motion asking for preliminary approval of the settlement agreement.

Class Members who purchased paint at retail outlets will be provided notice through print and online advertising.

“The Internet advertisements and banner links will be advertised through the largest websites to reach the Internet population through, for example, Yahoo, Google, and Facebook. In addition, DSG [Digital Settlements Group] will establish a settlement website and telephone number. The advertisements and banner links will allow for direct access to both the short- and long-form notices, the claim form, and other relevant documents,” says the settlement motion. “The notice advertisements will be designed to get the class members’ attention and ‘be written in clear, concise, easily understood language.’ DSG predicts that approximately 70 percent of the class members will receive notice.”

According to the DuPont class action settlement, Class Members include those who purchased Architectural Paint from retailers across several states, including 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, and Wisconsin.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs and proposed Class are represented by Ben F. Pierce Gore of Pratt & Associates, Don Barrett of Barrett Law Group, Charles F. Barrett of Charles Barrett PC, Jonathan W. Cuneo and Katherine Van Dyck of Cuneo Gilbert & LaDuca LLP, Thomas P. Thrash and Marcus N. Bozeman of Thrash Law Firm, Shawn M. Raiter Larson of King LLP, Dewitt Lovelace of Lovelace & Associates PA, Gerard V. Mantese of Mantese Honigman Rossman & Williamson PC, and Phillip Duncan and Richard Quintus of Duncan Firm PA.

The DuPont Paint Price-Fixing Class Action Lawsuit is Jan Harrison, et al. v. E.I. DuPont De Nemours and Company, et al., Case No. 5:13-cv-01180-BLF, in the U.S. District Court for the Northern District of California, San Jose Division.

UPDATE: March 2018, the DuPont titanium dioxide architectural paint class action settlement is now open. Click here to file a claim.

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!