Toronto, Ontario – Following the recent out-of-court settlement of a class action price-fixing lawsuit in Canada, consumers who bought Canadian-made flexible polyurethane foam, eligible foam products or carpet underlay between 1999 and 2012 can now claim compensation for having been overcharged.
The C$38 m (30$ m) class action settlement was agreed by the Ontario Superior Court of Justice, the Supreme Court of British Columbia and the Superior Court of Quebec in three parallel lawsuits. The lawsuits claimed that the defendant manufacturers conspired to fix the price at which flexible polyurethane foam was sold in Canada and worldwide, from at least 1 January 1999 until 2012.
The class action was against multiple Canadian flexible polyurethane companies. The first settlement was made with the now-insolvent Domfoam/Valle Foam in 2013, and the courts subsequently approved settlements with Carpenter, Vitafoam, FFP/Flexible Foam, Future Foam, Hickory Springs, Leggett & Platt, Mohawk Industries and Woodbridge. The most recent settlement was with Foamex and associated companies earlier of this year.
‘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, one of the four law firms involved in the lawsuits.d
Eligible consumers must complete an application at www.foamforcash.com by 6 February 2018. The minimum claim will be C$20, with the actual value depending on the number and type of products that were bought, as well as the number of claimants. No money will be paid for purchases of moulded or technical flexible polyurethane foam, or products that contain it.