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 LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:
YOU MAY: DUE DATE

SUBMIT A CLAIM FORM

If you recently received a postcard notice in the mail (mailed on or about November 6, 2019) you may Submit a Claim Form seeking payment.

If you received a notice in 2018 you may not file a valid and timely claim at this time.

The Settlement Administrator discovered that a certain list of potential class members was inadvertently not sent direct notice. While the Court has already ruled that the Notice plan in this matter was sufficient without the need for any additional notice, the parties have determined that you and other potential class members should receive this notice and an additional opportunity to file a claim if you have not done so already. On October 10, 2019, the Court issued a supplemental order approving notice. Claims may only be filed by those potential Class Members who were on the list and not sent direct notice.

Give up your right to be part of another lawsuit, arbitration or proceeding against Defendants for the same legal claims resolved by this Settlement.
Subclass Claim Filing Deadline: January 16, 2020

The Original Claim Filing Deadline Has Passed

ALREADY SUBMITTED A CLAIM

If you have submitted a claim, those claims are being audited and processed. Payment will be issued when this process is complete.

OBJECT

The Deadline to object to the Settlement has passed.

Please see FAQ 15 for additional details.

EXCLUDE YOURSELF / OPT-OUT

The Deadline to request exclusion from the Settlement has passed

Please see FAQ 12 for additional details.

APPEAR IN THE LAWSUIT OR ATTEND THE FAIRNESS HEARING

The Deadline to appear in the lawsuit and attend the fairness hearing has passed

The final approval order is available by clicking on the “important documents” link above.

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 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.

If you have submitted a claim, those claims are being audited and processed. Payment will be issued when this process is complete. We appreciate your continued patience.