Ellerbrake v Campbell Hausfeld, DeVilbiss Air Power Company, Ingersoll-Rand Company Ltd. & Coleman PowerMate, Inc
Air Compressor Manufacturers Settle Underpowered Motor Action for $40.6 Million
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
CH Extreme
Farmhand
Speedaire
Dayton
Westward
Husky
Husky Pro
IronForce
Maxus
Power Pro
DeVilbiss' air compressors were sold under the following brand names:
2X4
Accuspray
Air America
American IMC
Blue Point
Charge Air Pro
Companion
Craftsman
DAPC
Delta
Delta Shopmaster
Delta Workshop
DeVilbiss
Ex-Cell
Force Int'l
Husky
Impact
Ingersoll-Rand
Matco
Porter-Cable
Power Tools
Pro 4000
Pro Air
Pro Air II
Rand 4000
Senco
Snap-On
Speedaire
Steel Driver Series
Superior Fastener
Tradesman
W R Brown
Westward
Powermate's air compressors were sold under the following brand names:
Coleman Powermate
Black Max
Magna Force
Pro Force
Contractor
Sanborn
Industrial Air Machine
Marshalltown Trowel
Makita
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 Settlement
Campbell 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:
1. Air Tools – from $14.99 on up
2. Spray Guns – from $29.99 on up
3. Inflators – from $24.99 on up
4. Hoses and Accessories – from $14.99 on up
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 DeVilbiss
DeVilbiss 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:
1. ETR 381 3/8 inch air ratchet + EAX6 Blowgun;
2. 3/8 inch 25 foot rubber hose + EAX7 Tire inflator with gauge + Roll Teflon Tape;
3. ETX-1 Mini rotary air tool + 3/8 inch 25 foot rubber hose + Blowgun;
4. 2 – 3/8 inch 25 foot rubber air hose (50 foot total) + Roll Teflon Tape; or
5. D28632 Paint Spray Gun + PTA19, 8-piece metric/standard deep socket impact set + Roll Teflon Tape.
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 Powermate
Powermate 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-Rand
Ingersoll-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 Claim
The 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
c/o The Garden City Group, Inc.
P.O. Box 9000 #6191
Merrick, NY 11566-9000
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.
