Canadians to get money back for purchase of eligible polyurethane foam products as part of $38M class action settlement

Official launch of Foam for Cash campaign

TORONTO, Oct. 10, 2017 /CNW/ - If you bought sofas, mattresses or carpet underlay, made in Canada containing flexible polyurethane foam between 1999 and 2012, odds are you paid too much for them.

Anyone who purchased flexible polyurethane foam, eligible foam products or carpet underlay made in Canada for personal, commercial, or manufacturing use, may be entitled to compensation. Simply take a photo of your product label or receipt, or provide another proof of purchase, and fill out a form at www.foamforcash.com.

Consumers, businesses and other entities are finally getting a fair deal following a multimillion-dollar settlement of class action lawsuits against manufacturers of flexible polyurethane foam who allegedly formed a cartel to fix their prices, between 1999 and 2012, resulting in inflated costs for Canadian consumers and entities.

The class action lawsuits were settled out of court for $38 million, which represents one of the largest price fixing settlements in Canada.

To make sure Canadians know about the money they may be owed and how easy it is to collect, the four law firms leading these class actions, along with consumer advocacy group Option consommateurs, are launching the Foam for Cash campaign. Its objective is to ensure as many Canadians as possible claim what they are owed.

"This settlement sends out a strong message that this type of behaviour has serious consequences and provides an opportunity for all Canadians to show they want healthy competition between manufacturers," said Heather Rumble Peterson, Partner at Strosberg Sasso Sutts.

An end consumer who bought a sofa or mattress for their own use may claim compensation of $20, or more, depending on the number and type of eligible Canadian foam products purchased. Claimants who bought flexible polyurethane foam for manufacturing or resale may be entitled to claim significantly more money. The compensation amount received will also depend on the volume of claimants.

Who is eligible for compensation?

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 in Canada flexible polyurethane foam, eligible foam products or carpet underlay made in Canada for personal, commercial, or manufacturing use during the same time period.

Which products qualify?

Flexible polyurethane foam refers to a type of foam used in furniture, mattresses, carpet underlay, and in many other contexts.

A claim can be made for the purchase of flexible polyurethane foam made in Canada and for the purchase of the following eligible foam products, if made in Canada:

• Bed mattresses
• Upholstered office chairs
• Upholstered Armchairs
• Two-seat sofas
• Three-seat sofas and sectional sofas
• Carpet underlay
• Carpet pad
• Carpet cushion

How do I request money?

• To submit a claim – which is completely free of charge – simply fill out the online form and send in the required documentation (for example a picture of the product label or receipt).
• For consumer claims, members of the same family living together must pool together their purchases in a single claim.
• The claims period starts October 9^th 2017 and will remain open until February 6^th 2018. Once all claims have been received, they will be reviewed for accuracy. Claimants will receive their cheques as soon as possible after the Claims Administrator has completed its review.

How much can I claim?

• The minimum amount you may claim is $20, or more, depending on the number and type of eligible Canadian foam products you purchased. The amounts received will depend on the volume of eligible Canadian foam products you purchased as well as the volume of claimants.
• Manufacturers and resellers who purchased flexible polyurethane foam made in Canada during this period to make their products or for resale may also be entitled to compensation. The amounts received will depend on the volume and type of Canadian flexible polyurethane foam or eligible foam products purchased as well as the volume of claimants.
• See the Distribution Protocol for complete details.

For more information

• Visit www.foamforcash.com

About Foam for Cash campaign

The Foam for Cash campaign is a national awareness campaign tied to a Canadian class action settlement in the area of competition law. It stems from class action lawsuits brought against several manufacturers who, between 1999 and 2012, were allegedly fixing the price of flexible polyurethane foam made in Canada, a component commonly used in furniture, mattresses and carpet underlay. Out-of-court settlements were negotiated to recover $38 million for the benefit of Canadian consumers and businesses. These class actions were prosecuted by four law firms: Belleau Lapointe, Camp Fiorante Mathews Mogerman, Branch MacMaster and Strosberg Sasso Sutts.

About Option consommateurs

Option consommateurs is a not-for-profit organization whose mission is to promote and defend the rights and interests of consumers. In order to do so, it notably institutes class action lawsuits. Option consommateurs is active in a number of consumer interest sectors, including fair business practices, financial services, energy, agro-food and health.

SOURCE Foam for Cash Campaign

For media inquiries: Vasiliki Zobolas, [email protected], 416-968-7311 ext. 233; Marie-Pier Côté, [email protected], 418-529-3223 ext. 236