In Re FieldTurf Artificial Turf Marketing and Sales Practices Settlement

A class action settlement may affect your rights if you purchased a Duraspine artificial turf field from FieldTurf.

A federal court authorized this website.

A settlement has been reached in a class action lawsuit alleging FieldTurf USA Inc., FieldTurf, Inc., FieldTurf Tarkett SAS, and Tarkett Inc. (collectively “FieldTurf”) marketed and sold Duraspine turf fields that were allegedly defective and that FieldTurf supposedly knew of the defect but failed to tell customers when selling the product. FieldTurf denies Plaintiffs’ allegations, and this settlement is not an admission of any wrongdoing by FieldTurf. The Plaintiffs and Defendants agreed to enter into this Settlement Agreement to avoid the uncertainties, delays, and expenses of ongoing litigation, while providing class members, defined below, with definite benefits now.

The purpose of this website is to inform you of the class action and the proposed Settlement so that you may decide whether to participate, opt out, or object.

QUICK SUMMARY OF SETTLEMENT

WHO’S INCLUDED?

If you received a notice in the mail, FieldTurf’s records indicate that you may be a member of the “Settlement Class” at issue in this case, or in other words, you may be a “Settlement Class Member.”

The “Settlement Class” includes each of the following:

All purchasers and owners of a FieldTurf Duraspine turf field sold from 2005 to 2012 in the United States and its territories. Excluded from the Settlement Class are FieldTurf, their parents, subsidiaries, affiliates, officers, directors, and employees; any entity in which FieldTurf has a controlling interest; all employees of any law firm involved in prosecuting or defending this litigation, as well as their immediate family members; and all judges assigned to hear any aspect of this litigation, as well as their staff and immediate family members.

Also excluded from the Settlement Class are Settlement Class Members who timely and validly request exclusion as described in FAQ 11, or who are ineligible for either a Tier 1 or a Tier 2 Claim (see FAQ 5 here).

WHAT ARE THE SETTLEMENT TERMS?

What the Settlement Class Members are getting:

Monetary Relief. FieldTurf has agreed to resolve this matter and provide Cash Payments or Credit Awards which may be chosen by you in the attached Claim Form, if you are eligible. You may be allowed to make the following type of Claim(s) for Compensation.

A. TIER 1 CLAIMS: Tier 1 Claimants may choose either a Cash Payment of $7,500 or a Credit Award of $50,000. To be a Tier 1 Claimant, you must have complained in writing about the Duraspine fibers prior to December 1, 2016, or the expiration of your field’s applicable warranty, whichever is earlier. You must submit your written complaints with your Claim Form to be eligible for Tier 1 status. Qualifying Documentation can be a document (including emails, letters, or formal complaints) reflecting a communication to FieldTurf or an authorized FieldTurf local representative or installer of a fiber-related complaint about your Duraspine field(s). You may only receive one Cash Payment or Credit Award per Duraspine field and any Credit Award expires after three years from the Effective Date.

To be eligible for a Tier 1 Claim, you must not have been offered by FieldTurf and accepted an offer for (i) a full replacement of the applicable Duraspine field at no cost under warranty, or (ii) a discounted purchase of a new field with an upgraded fiber and a new eight-year warranty. FieldTurf also must not have provided you with any repairs or a replacement that remedied the written complaint.

B. TIER 2 CLAIM: Tier 2 Claimants may choose either a Cash Payment of $2,000 or a Credit Award of $20,000. Tier 2 Claims means any submission for a Class Payment by a Settlement Class Member that does not meet the requirements of a Tier 1 Claim and is otherwise eligible. To be eligible for a Tier 2 Claim, the Settlement Class Member must not have received a full replacement of the applicable Duraspine field at no cost under warranty from FieldTurf. You may only receive one Cash Payment or Credit Award per Duraspine field and any Credit Award expires after three years from the Effective Date.

C. WHAT IS A CREDIT AWARD? Credit Awards may be applied against the purchase of a new FieldTurf field, FieldTurf-provided maintenance services, and/or FieldTurfprovided non-warranty repairs.

D. WHAT ARE THE SETTLEMENT CLASS MEMBERS ARE GIVING UP? In return for the relief that FieldTurf is providing, any Settlement Class Member who does not validly and timely request exclusion from the Settlement, on their own behalf and on behalf of their present and former principals, agents, servants, partners, joint venturers, employees, contractors, predecessors, assigns, heirs, spouses, beneficiaries, executors, administrators, representatives, insurers, underwriters, accountants, and lawyers, separately and collectively, releases and forever discharges and covenants not to sue, and is permanently enjoined from suing the Released Parties over Released Claims (as defined in the Settlement Agreement) which can be found here.

This is only a simplified summary of the claims being released as part of the Settlement. See FAQ 10 for a more complete explanation of the claims being released.

HOW CAN I GET PAYMENT? In order to receive payment you must complete, sign, and return the Claim Form that was included with your Notice. The Claim Form has space to enter information for multiple fields should you have purchased or own more than one. If you wish to claim Tier 1 status, you must also attach the appropriate documentation. You may submit your Claim Form via mail or email to: claims@fieldturfclassaction.com

WHAT ARE MY OTHER OPTIONS?

You can exclude yourself: If you do not want to be bound by the Settlement, you must exclude yourself by October 9, 2024. FAQ 11 explains what you need to do to exclude yourself. If you do not exclude yourself, and the Settlement is given final approval by the Court, you will remain a member of the Settlement Class, you will receive your payment or credit if you submit a Claim Form, and you will be bound by the Settlement, including the release of claims against FieldTurf.

You can object: You alternatively may object to the Settlement by October 9, 2024. FAQ 16 explains what you need to do to object to the settlement. The Court will hold a hearing on November 25 2024 beginning at 11:00 a.m. to consider whether to finally approve the Settlement, as well as any request for attorneys’ fees by Class Counsel (the “Fairness Hearing”). If you object, FAQ 20 explains how you may ask the Court to speak at the Fairness Hearing. Persons who exclude themselves from the Settlement Class will not be bound, cannot file an objection, and cannot speak at the Fairness Hearing. The rest of this Notice provides you with a more detailed summary of the Settlement, and also more fully describes your legal rights and options. For even more information, you may download a complete copy of the “Settlement Agreement and Release” (together with all attached exhibits, the “Agreement”) available here.

Please read all of this website carefully and in its entirety because your legal rights may be affected whether you act or don’t act.