Class Eligibility

The UDC settlement class includes any person or entity in the United States who owns or owned a Flushmate System installed in the United States manufactured from October 14, 1997 through June 30, 2009. The Flushmate Systems are rectangular, black, two-piece vessels made of injection molded plastic. The serial number is 16 characters long and is located on the label on the top of the Flushmate System that is easily visible after lifting the toilet fixture’s porcelain tank lid. The first six numerals of the serial number are the manufacturing date code. The manufacturing date code range for the UDC settlement begins with 101497 (October 14, 1997) and continues through 063009 (June 30, 2009).

The Mergens settlement class includes any person or entity in the United States who owns or owned a Flushmate System in the United States manufactured from July 1, 2009 through April 30, 2011. The Flushmate Systems are rectangular, black, two-piece vessels made of injection molded plastic. The serial number is 16 characters long and is located on the label on the top of the Flushmate System that is easily visible after lifting the toilet fixture’s porcelain tank lid. The first six numerals of the serial number are the manufacturing date code. The manufacturing date code range for the Mergens settlement begins with 070109 (July 1, 2009) and continues through 043011 (April 30, 2011).

The Flushmate System was installed in certain toilets manufactured by American Standard, Copperfit, Crane, Ecotech, Eljer, Gerber, Kohler, Lamosa, Mancesa, Mansfield, Orion, St. Thomas, Universal Rundle, Vitra, Vitromex, Vortens and Western Pottery.

Estimated Amount

Varies

To request a free repair kit, verify the serial number on your Flushmate System by visiting www.flushmate.com/recall/ or by calling the Flushmate Recall Hotline toll-free at (800) 303-5123 Monday through Friday between 8:00 AM and 10:00 PM ET and Saturday between 8:00 AM and 6:30 PM ET.

Contact the Flushmate Recall Hotline immediately toll-free at (800) 303-5123 Monday through Friday between 8:00 AM and 10:00 PM ET and Saturday between 8:00 AM and 6:30 PM ET.

Note that the claim process is designed to cover out of pocket expenses and property damage but not personal injury. In order to file you must first replace the unit or obtain and install a repair kit

Proof of Purchase

Yes

Case Name

KELLY MERGENS, on behalf of herself and all others similarly situated v. SLOAN VALVE COMPANY, and DOES 1-10, inclusive
Case No. 2:16-cv-05255-SJO-SK
District Court for the Central District of California

Case Summary

In June 2012 and January 2014, Flushmate and the U.S. Consumer Product Safety Commission jointly announced a voluntary recall of Flushmate Systems manufactured from October 14, 1997 through June 30, 2009. The lawsuit, United Desert Charities, et. al. v. Sloan Valve Company, et. al., No. 12-cv-06878 (“UDC Action”), was filed following the June 2012 recall announcement. The voluntary recall was expanded on July 14, 2016 to include Flushmate Systems manufactured from July 1, 2009 through April 30, 2011. The lawsuit, Mergens v. Sloan Valve Company, No. 16-cv-05255 (“Mergens Action”), was filed following the July 2016 expanded recall announcement. Some Flushmate III Systems manufactured between October 14, 1997 and April 30, 2011 may leak and/or burst at or near the weld seam of the Flushmate System’s vessel, releasing stored pressure. If the Flushmate System bursts, it can lift the toilet fixture’s porcelain tank lid and shatter the lid and/or the toilet’s tank, posing impact or laceration hazards and property damage.

Settlement Pool

N/A

Deadline

09/18/2018

Contact


Flushmate Claims Administrator
P.O. Box 1272
Lancaster, CA 93584
(877) 412-5277
(661) 951-0978

11 responses to “Flushmate Class Action Settlement”

  1. Peter Jorgenson says:

    I understand that this takes time,but I honestly don’t have the proof of property damage in which we had to remodel our bathroom,because of this and the mold it caused. The house had to be remodeled after an American Standard tiolet which had a flushmate system in it kept leak through our subfloor and finally burst causing a flood on the floor and carpet in the hallway. The subfloor and tile had to be replaced along with a new toilet, carpet cleaning 3 times, sheet rock replacement, baseboard replacement and bathroom vanity replacement, we did the construction ourselves, but no I don’t ave these records or even pictures its been since 2003. I know the supplies came to just under $500 back then. Is there anything I can do? I realize that proof is usually need but who though it would have a lawsuit this much later in life…now house is even sold.

    ADMIN – Hi Peter,

    There is not much you can do. Perhaps dig through old bank statement to see if you have transactions but beyond that you really have no case.

  2. Denise Burton says:

    I used this product and had terrible results

  3. Sinora GLENN says:

    Horrible results

  4. andrew crapper says:

    my shitter exploded with me on it, wow what a ride

  5. Carol Allen says:

    terrible results

  6. Stiffie S. says:

    Crapsolutely horrifying…

  7. Jack fendell says:

    If I already filed a claim and received a partial payment, do I need to refile and submit the documentation again for the additional payments offered?

    ADMIN – Hi Jack,

    I don’t think so.

  8. spanky buns says:

    good thing i was standing up,missed my head by an inch

    ADMIN – Hi Spanx,

    I am glad you are ok

  9. Tammy Wilson says:

    What if you no longer have the proof it was a while ago since I had mines.

    ADMIN – Hi Tammy,

    I don’t think they will take your word for this one.

  10. Carol Allen says:

    AWFUL RESULTS

    ADMIN – Hi Carol,

    I must agree. Having a toilet explode is no fun at all.

  11. DarleneTaylor says:

    bad results thanks

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