Bishop, et al. v. Behr Process Corporation, et al.

United States District Court for the Northern District of Illinois

Case No. 1:17-cv-04464 (N.D. Ill.)

If you used Behr DeckOver between September 1, 2012 and June 27, 2018 you may be entitled to compensation and this class action settlement may affect your rights.

YOUR RIGHTS AND CHOICES

YOU MAY:

DUE DATE

SUBMIT A CLAIM FORM

Submit a Claim Form seeking payment.

Give up your right to be part of another lawsuit, arbitration or proceeding against Defendants for the same legal claims resolved by this Settlement.

February 27, 2019
Or one year from the date of purchase, whichever is later

OBJECT

Write to the Court about why you don’t like the proposed Settlement.

October 15, 2018

EXCLUDE YOURSELF / OPT-OUT

Ask to get out (opt-out) of the proposed Settlement. If you do this, you are not entitled to any benefits under the Settlement, but you keep your right to sue Defendants about the issues in the lawsuit.

October 15, 2018

APPEAR IN THE LAWSUIT OR ATTEND THE FAIRNESS HEARING

You are not required to enter an appearance in the lawsuit in order to participate in the proposed Settlement, but you may enter an appearance on your own or through your own lawyer in addition to filing an objection if you do not opt-out. You can also ask to speak in Court at the Fairness Hearing about the proposed Settlement.

October 15, 2018
Fairness Hearing
December 6, 2018

DO NOTHING

Get no benefits.

Give up your right to be part of another lawsuit, arbitration or proceeding against Defendants for the same legal claims resolved by this Settlement.

 

A Settlement has been preliminarily approved by U.S. District Court for the Northern District of Illinois, in the case Bishop, et al. v. Behr Process Corporation, et al., Case No. 1:17-cv-04464. The lawsuit claims that Behr manufactures and sells a line of products under the name “DeckOver” that does not perform as advertised. Behr denies the allegations in the lawsuit. If you are a member of the Class, your rights may be affected and you may be entitled to receive compensation from the Settlement.

You are a member of the Class if between September 1, 2012 and June 27, 2018 you purchased DeckOver in the United States (or caused it to be purchased) and applied it (or caused it to be applied) to any property located in the United States owned or leased by you.

Subject to the terms set forth in the Settlement Agreement, Class Members who submit a valid Claim Form are entitled to receive a refund for their purchase of Deck Over and compensation for money spent removing Deck Over or otherwise repairing their deck. The amount Class Members are eligible to receive depends on several factors, including what proof they submit with their claim.

Class Members who are not satisfied with the relief offered may opt to participate in a free alternative dispute resolution process, referred to ADR, by selecting ADR on their submitted Claim Form. ADR shall be conducted before retired federal judge Wayne Andersen, at JAMS, at Behr’s expense and based upon written submissions only, unless the Class Member seeking ADR requests otherwise.

You are encouraged to read the detailed explanation of settlement benefits contained in the Long Form Notice and Settlement Agreement. This information is also available in FAQ 8.

Please contact the Settlement Administrator at DeckOver@AdministratorClassAction.com with any questions. Please do not contact the Parties as the Court has ordered that all questions be directed to the Class Action Settlement Administrator.

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