Flushmate Class Action Settlement

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