Polyurethane Foam Products

Frequently Asked Questions

  1. What is Flexible Polyurethane Foam?
  2. What is this lawsuit about?
  3. Why is this lawsuit a class action?
  4. How do I know if I am included in the class?
  5. Are there exceptions to class membership?
  6. How do I know if I bought foam?
  7. What settlements have been achieved in this class action lawsuit?
  8. How do I receive a share of the settlement funds?
  9. How much money will I receive?
  10. Will I automatically receive money if I purchased Flexible Polyurethane Foam or a product containing Flexible Polyurethane Foam?
  11. When do I need to file a claim?
  12. What will it cost to file a claim?
  13. What information do I need to provide with my claim?
  14. How do I know my claim was submitted?
  15. What happens after I file a claim?
  16. When will I get paid?
  17. Who has access to my information?
  18. What if I still have questions?
  19. Who are the lawyers representing the Class (Class Counsel)?
  1. What is Flexible Polyurethane Foam?

    Flexible Polyurethane Foam is a type of foam found in a number of products, including furniture, mattresses, and carpet underlay. 

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  2. What is this lawsuit about?

    The Plaintiffs alleged that the Defendant Manufacturers agreed to fix the price at which they sold Flexible Polyurethane Foam resulting in inflated prices for Canadian consumers and entities who bought Flexible Polyurethane Foam or Foam Products. 

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  3. Why is this lawsuit a class action?

    A class action allows the courts to resolve the issues for all class members affected, except for those who choose to exclude themselves (opt out) from the class.  In this class action, “class representatives” sued on behalf of all “class members” who overpaid for Flexible Polyurethane Foam.

    Majestic Mattress Mfg. Ltd. and Trillium Project Management Ltd. represent all Class Members in BC. Option consommateurs represents all Class Members in Québec. Hi! Neighbor Floor Covering Co. Limited represents all Class Members who live elsewhere in Canada.

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  4. How do I know if I am included in the class?

    You are automatically a Class Member and can complete a claim form if you :

    • live in Canada now or you lived in Canada between January 1, 1999 and January 10, 2012; and
    • bought Flexible Polyurethane FoamFoam Products or Carpet Underlay made in Canada for personal, commercial, or manufacturing use between January 1, 1999 and January 10, 2012.

    Flexible Polyurethane Foam means: slabstock flexible polyurethane foam, except for Molded Foam and Technical Foam made in Canada.

    Foam Products means: bed mattresses and upholstered office chairs, armchairs, two-seat sofas, three-seat sofas and sectional sofas, made in Canada and containing Flexible Polyurethane Foam.

    Carpet Underlay means: carpet pad, carpet cushion, or carpet underlay made in Canada of scrap Flexible Polyurethane Foam bonded together by various chemicals into a padding material.

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  5. Are there exceptions to class membership?

    You are not a Class Member if you:

    (a) are related to one of the Defendant Manufacturers; or 

    (b) opted out of this lawsuit before October 18, 2013. 

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  6. How do I know if I bought foam?

    (a) Many products contain Flexible Polyurethane Foam. The eligible Foam Products for which you may claim compensation are: 

    (i) Furniture: any of the following upholstered products made in Canada which contain flexible polyurethane foam: office chairs, arm chairs, two-seat sofas, three-seat sofas and sectional sofas. 

    (ii) Bedding: bed mattresses made in Canada containing flexible polyurethane foam, in single/twin, double, queen and king sizes. 

    (iii) Carpet Underlay: carpet pad, carpet cushion or carpet underlay that was made in Canada of scrap flexible polyurethane foam bonded together by various chemicals into a padding materials. 

    (b) You may also claim compensation for Flexible Polyurethane Foam made in Canada (excluding molded or technical foam) purchased for manufacturing or resale purposes. 

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  7. What settlements have been achieved in this class action lawsuit?

    The final settlements total over $38 million with ten Defendant Manufacturing groups: 

     Defendant Group:  

     Settlement Amount

    Domfoam/Valle Foam

     $1,226,000.00

    Domfoam CCAA

     $5,242,950.42

    Hickory Springs  Manufacturing Company

     $200,000.00

    Future Foam and Bruce  Schneider

     $100,000.00

    Flexible Foam Products, Inc.

     $476,800.00

    Leggett & Platt

     $580,697.00

    Mohawk Industries Inc.

     $675,000.00

    Carpenter Co., Carpenter  Canada Co.

     $23,000,000.00

    Woodbridge Foam  Corporation

     $1,000,000.00

    Vitafoam Products Canada  Limited and Vitafoam, Incorporated

     $3,250,000.00

    Foamex Innovations, Inc., Foamex Innovations Canada, Inc., Vincenzo Bonaddio, Michael Calderoni and Donald Phillips

     $2,450,000.00

     TOTAL

     $38,201,447.42

    After payment of court approved class counsel fees and expenses, administration costs, notice costs, and applicable taxes, the remaining settlement funds will be distributed to Class Members who submit valid claim forms. 

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  8. How do I receive a share of the settlement funds?

    To receive a share of the settlement funds, Class Members must file a properly completed claim form and submit their supporting documentation, no later than February 6th, 2018. Claims that are not made within the Claim Filing Deadline will not be eligible for compensation.

    We strongly urge Class Members to file claims using the online claims processClass Members are also entitled to file paper claims, please speak with a support agent at 1-888-697-5512 in order to register to receive your paper claim form. Please allow sufficient time for your claim form to be mailed to you. 

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  9. How much money will I receive?

    End Consumers can claim 20$ (subject to the volume of claims) if they purchased only a single/small quantity of Carpet Underlay, or new Foam Products for personal/business use and not for commercial resale by filling out the Simplified End Consumer Claim Form.

    You can use the online calculator to determine whether you should file a Standard or Simplified End Consumer Claim FormFamily members living in the same household must pool their purchases together and submit a single End Consumer Claim.

    The claims of Manufacturers, Resellers and End Consumers with larger quantities of purchases will be calculated pro rata based on the dollar value of eligible foam purchases, not to exceed the maximum compensation (as a percentage of the dollar value of eligible foam purchases) shown in the table below. For Resellers and End Consumers, the dollar value of eligible foam purchases contained in an eligible Foam Product will be determined using the values set out in Appendix A to the Distribution Protocol. 

    Type of Claim

    Maximum Compensation (as a percentage of the dollar value of eligible foam purchases)

    General Manufacturer

    5.5%

    Carpet Underlay Manufacturer

    1%

    Reseller of Flexible Polyurethane Foam

    0.5%

    Reseller of Foam Products

    0.5%

    Carpet Underlay Reseller

    1.8%

    End Consumer (Foam Products)

    4.0%

    End Consumer (Carpet Underlay)

    8.2%

     

    No payment will be made if the compensation calculated for a valid claim is less than $20 (or $10 for End Consumer claims).

    More information on the calculation of claims is available in the Court approved Distribution Protocol.


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  10. Will I automatically receive money if I purchased Flexible Polyurethane Foam or a product containing Flexible Polyurethane Foam?

    No. You must submit an eligible claim before the deadline February 6th, 2018. Submit a claim now.

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  11. When do I need to file a claim?

    Claim forms and supporting documentation must be submitted by no later than February 6th, 2018.

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  12. What will it cost to file a claim?

    There are no fees to file a claim. Court approved class counsel fees have been paid out of the settlement funds.

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  13. What information do I need to provide with my claim?

    The claim form will require information about you and your purchases. The proof of purchase required varies depending on the type of claim that you are making: Please click here to use the calculator

    End Consumer Claims (individuals, households, businesses or government entities) claiming $20: if you purchased only a single/small quantity of Carpet Underlay or new Foam Products for personal/business use and not for commercial resale, you may submit a Simplified End Consumer Claim to qualify for a payment of $20 (subject to the volume of claims). This type of claim requires either a proof of purchase or a photograph of the tag of ONE Foam Product for which you are making a claim, which indicates that it is made in Canada.

    End Consumer Claims (Individuals, households, businesses or government entities) claiming more than $20: require a proof of purchase for each Foam Product or Carpet Underlay for which you are making a claim. 

    Manufacturer Claims (Manufacturers of products containing Flexible Polyurethane Foam including Carpet Underlay): require proof of purchase of Flexible Polyurethane Foam made in Canada.

    Reseller Claims (Commercial resellers of Flexible Polyurethane Foam, Foam Products and/or Carpet Underlay): require proof of purchase of Flexible Polyurethane Foam, Foam Products or Carpet Underlay, made in Canada.

    We recognize that, due to the time lag since you made these purchases, you may no longer have receipts. We will accept, as a proof of purchase, documents which either directly show your purchases or from which your purchases can be calculated or extrapolated. Some examples are purchase orders, invoices, historical accounting records, records showing the budgets for Flexible Polyurethane Foam/Foam Products/Carpet Underlay purchases, or other related documents.

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  14. How do I know my claim was submitted?

    Immediately following submission of your claim, a page will display "Your submission was successful. Your Claim ID is: xx".

    You will also be sent confirmation of your claim by email to the email address you have provided in your claim.

    If you do not get this message, please confirm that you have filled in all the required information. If you are still unsure whether your claim was submitted, call us at 1-888-697-5512 or email us at polyurethane@ricepoint.com.

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  15. What happens after I file a claim?

    There are a number of steps to complete before we can pay claims.

    The Courts have appointed an independent third party, RicePoint Administration Inc., (the “Claims Administrator”) to receive and review claims, determine entitlement, and issue payments to eligible Class Members.

    Once all claims are received and processed, the Claims Administrator will send out decision notices to all Class Members who filed claims using the contact information provided in the claim form. If you change addresses prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator.

    Accurate claims processing takes time. Your patience is appreciated.

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  16. When will I get paid?

    There are a number of steps to complete before we can pay claims.

    After we receive all the claims, we must review them and send out decision notices. Class Members have the right to appeal their entitlement and if any Class Members exercise their right to appeal, that appeal process must be completed. We will then seek Court approval to authorize all payments. Once the Courts authorize the payments, we can send out cheques to all eligible Class Members.

    Accurate claims processing takes time and your patience is appreciated. We estimate that cheques will be mailed out 8-12 months after the claims deadline.

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  17. Who has access to my information?

    Your information is protected by privacy laws and stored using a secure site. Only the Court approved Claims Administrator and the lawyers representing the class (see question 19 below) have access to your information. We can only use it for the purpose of this class action or as you otherwise agree.

    The Defendants do not have access to the list of class members who have made a claim nor to any of your information.

    More information about the Claims Administrator is available by clicking here.

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  18. What if I still have questions?

    We would be pleased to answer them and help you. Please call us at 1-888-697-5512 or e-mail us at polyurethane@ricepoint.com.

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  19. Who are the lawyers representing the Class (Class Counsel)?

    The law firms of Camp Fiorante Matthews Mogerman and Branch MacMaster LLP jointly represent the class members living in BC. The law firm of Belleau Lapointe represents class members living in Québec. The law firms of Strosberg Sasso Sutts LLP and Andrew J. Morganti represent all other class members.

    Camp Fiorante Matthews Mogerman
    604-689-7555 or 1-800-689-2322
    polyfoam@cfmlawyers.ca
    Attn: Jen Winstanley

    Belleau Lapointe
    514-987-6700 or 1-888-987-6701
    membres@recourscollectif.info
    Attn: Anaïs Kadian

    Strosberg Sasso Sutts LLP
    1-800-229-5323 extn 8296
    polyclassaction@strosbergco.com
    Attn: Heather Rumble Peterson

    Branch MacMaster LLP

    604-654-2999

    chermanson@branmac.com

    Attn: Chelsea Hermanson

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