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Case ID: 3392 | Consumer Products | 05/13/2004
The parties have reached a tentative nationwide settlement apparently valued at $40.6 million in several class actions filed against Campbell Hausfeld, DeVilbiss Air Power Company, Ingersoll-Rand Company, Ltd., and Coleman PowerMate, Inc., on behalf of all persons in the U.S. who, between August 1, 1996, and January 30, 2004, purchased an electric air compressor manufactured, imported, licensed, or distributed by any of the named companies which identified on its label a horsepower that is not continuous running horsepower. The action alleged that the defendants misrepresented their electric air compressors as having higher horsepower than they actually produced, in violation of Illinois consumer protection laws. Claim forms must be submitted by October 21, 2004, to be considered valid.
During the relevant time period, Campbell’s air compressors were sold under the following brand names: Campbell Hausfeld DeVilbiss’ air compressors were sold under the following brand names: 2X4 Powermate’s air compressors were sold under the following brand names: Coleman Powermate Campbell, DeVilbiss, Powermate, and Ingersoll-Rand have all agreed to stop labeling their future consumer air compressors with electric motors, intended for use on a nominal 120 volt circuit, with peak horsepower ratings. The Campbell SettlementCampbell will provide to each eligible Campbell equipment purchaser an award with an approximate retail value of up to $50, redeemable for certain Campbell air compressor products. Qualifying Campbell air compressors have a model number prefix beginning with the letters CIQ, DP, EX, FP, HS, MT, VS, VT, WL or XP and any horsepower designation that is not continuous running horsepower. If you purchased one of these compressors during this time frame, and “HP” or “Horsepower” appeared with the words “peak”, or if your air compressor simply read “HP”, you may have a claim. The website from which eligible Campbell settlement class members may redeem their credits will contain a broad selection of Campbell air products, including approximately 50 compressor related products in the following categories: In addition, Campbell will pay up to $400,000 to fund a Consumer Education Program to inform consumers about horsepower ratings and performance criteria related to Campbell’s air compressors. The Settlement With DeVilbissDeVilbiss has established a settlement fund of $25 million composed of awards with a confirmed retail value of $50 redeemable for certain DeVilbiss air compressor tools and accessories. Persons who may be entitled to an award from DeVilbiss must have purchased a new 120-volt air compressor between August 1, 1996 and January 30, 2004, which was manufactured by DeVilbiss and had a stated horsepower greater than 2 horsepower and less than 7 horsepower (peak). If you purchased such an air compressor, and “HP” or “Horsepower” appeared with the words “peak”, “max developed”, “max kinetic”, or “break-down torque” or if your air compressor simply read “HP”, you may have a claim. The product packages available as an award under the DeVilbiss settlement are: In addition, DeVilbiss will pay up to $200,000 to fund a Consumer Education Program to inform consumers about horsepower ratings and performance criteria related to DeVilbiss’ air compressors. The Settlement With PowermatePowermate has agreed to make a donation of Powermate equipment and/or tools that, in the aggregate, have a suggested retail value of at least $100,000 to Habitat for Humanity or equivalent charity. The Settlement With Ingersoll-RandIngersoll-Rand apparently settled the litigation by agreeing to stop labeling their future consumer air compressors with electric motors, intended for use on a nominal 120-volt circuit, with peak horsepower ratings. Making a ClaimThe terms of the settlements are available on the Internet at www.aircompressorsettlement.com or by calling toll-free at 1 (866) 808-3549 or writing to the Claims Administrator at: Air Compressor Litigation The defendants do not have complete records of who purchased the air compressors that are the subject of the litigation. As a result, you must make a claim to participate in the settlement. You may submit your claim over the Internet or by telephone. Please note that the deadline to submit a claim is October 21, 2004. The easiest way to make your claim is over the Internet. Please go to the website and click on the box labeled “I Wish to Make A Claim”. Fill out the appropriate sections, and enter the date at the end. To submit your claim, click on the box under the form labeled “Submit My Claim”. To make a claim by telephone, call the toll-free number at 1 (866) 808-3549, follow the recorded instructions in order to speak to the claims administrator, who will assist you in submitting your claim information by phone. Claimants may redeem their awards during the period of December 10, 2004, through and including January 21, 2005. The settlements will not be effective until the court grants them final approval. The court has scheduled a hearing on the settlements for July 19, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest A proposed class action settlement between plaintiffs representing business and residential consumers of electricity in Arizona, California, Idaho, Montana, New Mexico, Nevada, Oregon, Utah and Washington and defendants Reliant Energy, Inc. and its affiliates. The lawsuit is pending in the Superior Court of the State of California, County of San Diego. A class action lawsuit has been filed in the Southern District Court of Mississippi against Levis Strauss & Co for violations of the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Class members seek unpaid overtime, punitive damages, attorney's fees and costs of the litigation. The parties have reached a $2.6 million settlement in an FTC administrative proceeding filed against Savvier, Inc., BodyFlex, Inc. and their owners, the marketers of the BodyFlex+ weight-loss system, on behalf of all persons who paid almost $60 for a plastic exercise bar and two videotapes that teach breathing technique and various exercises. The action alleged that the defendants deceptively advertised that BodyFlex causes users to lose from four to 14 inches in the first seven days of use. Persons eligible to take part in the settlement should contact the prosecuting attorneys for more information. Bausch & Lomb Inc. voluntarily suspended shipments of its ReNu brand contact lens solution after federal health officials linked it to a fungal eye infection that can cause temporary blindness. The eye-care company stopped shippingafter a number of people using the product reported getting a serious eye infection, claimed the Food and Drug Administration. Attorneys claiming to represent "a class of consumers" that could exceed "a million persons" in Oregon, Washington, Idaho, Alaska, and Utah have filed a class action lawsuit against grocery chain Fred Meyer in King County Superior Court in Seattle. Court documents allege that the 130-store Fred Meyer chain - part of the Kroger Company's family of grocery, multi-department, convenience, and mail jewelry stores - has "systematically overcharged" customers for meat "by manipulation of the method by which the meat and the packaging is weighed." The suit seeks damages to compensate for the overpayments by the class. Several class actions have been filed against home appliance manufacturer Salton, Inc. (NYSE:SFP) and certain of its officers and directors by stockholders who purchased the company's common stock between November 11, 2002, and May 11, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. |
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