FREQUENTLY ASKED QUESTIONS (FAQs)
1. What is this Settlement about?
2. Am I a class member?
3. What are my options?
4. What if I've already returned a Recalled Toy(s) to Mattel?
5. What if I still have a Recalled Toy(s) and wish to return it?
6. What if I do not have the Recalled Toy(s) but do have Proof of Purchase?
7. What if I no longer have the Recalled Toy(s) or Proof(s) of Purchase?
8. What if I had my child tested for lead?
9. Where can I get additional information about this Settlement?
Answers
| 1. |
What is this Settlement about?
Plaintiffs claim Mattel and other companies ("Defendants") violated various laws by making and selling children's toys with excessive levels of lead, lead paint, or magnets that could become loose. Defendants deny they did anything wrong.
The Parties agreed to settle the case to avoid further litigation. The Settlement provides refunds to "Class Members" who bought or received the toys, and parents and guardians may be reimbursed if they had their child tested for lead within 6 weeks after the Recall announcements of the toy in question.
Mattel has agreed to implement a three-year quality assurance program to make sure that Mattel and Fisher-Price toys do not contain excessive lead or magnets that could become loose, and will donate $275,000 to the National Association of Children's Hospitals and Related Institutions.
Please note that only Recalled Toys purchased within the United States or its Territories are covered under this Settlement.
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Am I a Class Member?
You are a Class Member if you or your minor child for whom you have custody or control as a parent or guardian bought or received (including by gift) either:
(1) A toy recalled by Mattel on November 21, 2006, August 2, 2007, August 14, 2007, September 4, 2007, or October 25, 2007. Such Recalled Toys include certain Sesame Street toys, Dora the Explorer and Diego toys made by Fisher-Price, and certain Mattel Toys, such as Batman, Polly Pocket, Barbie accessories, and Sarge cars; OR
(2) Certain blood pressure monitor cuffs in toy medical kits.
To see if a toy you bought or received as a gift is within the Settlement, you can view a list of the Recalled Toys by clicking this link:
Exhibit A - List of Recalled Toys.
Additionally, parents and guardians may be reimbursed for their out-of-pocket costs if they had their child tested for lead within 6 weeks after the Recall announcement of the toy in question.
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What Are My Options?
To file a claim, click on this link File a Claim.
You can also request a Claim Form be sent to you by contacting the Claims Administrator. Click HERE for information on how to contact the Claims Administrator.
To be valid, the Claim must be received by May 29, 2010.
If you don't wish to be in the Settlement, you can:
- Exclude yourself by February 22, 2010, OR
- Stay in and object to the Settlement by February 22, 2010.
The Court will hold a hearing at 1:30 p.m. on March 15, 2010, to consider whether to finally approve the Settlement, and whether to grant Co-Lead Counsel's request for attorneys' fees and expenses, to which Mattel does not object. You don't have to attend the hearing, but you may if you want to. Please do not contact the Court directly.
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What if I've already returned a Recalled Toy(s) to Mattel?
If you have already returned a Recalled Toy(s) to Mattel in connection with one of the Recalls and received a Recall voucher or replacement parts from Mattel, you do NOT have to file a Claim Form for that Recalled Toy(s). You will automatically receive a check pursuant to the Settlement. Please click HERE to update your address if you moved since the Recalls.
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What if I still have a Recalled Toy(s) and wish to return it?
If you still have a Recalled Toy(s) and wish to return it: Click on this link: File a Claim to print out a pre-paid mailing label. You can also request a prepaid shipping label be sent to you from the Claims Administrator. Click HERE to contact the Claims Administrator.
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What if I do not have the Recalled Toy(s) but do have Proof of Purchase?
If you do not have the Recalled Toy(s) but do have a Proof(s) of Purchase: you can submit documentation (e.g., receipt, credit card statement or order confirmation) from a third party commercial source (e.g., a retailer or financial institution) showing that you purchased a Recalled Toy(s), along with your Claim Form which you can fill out and submit at this website.
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What if I no longer have the Recalled Toy(s) or Proof(s) of Purchase?
If you no longer have the Recalled Toy(s) or Proof(s) of Purchase, you can certify, either by hand or electronically if submitting an online Claim Form, that you bought or received a new Recalled Toy(s) and discarded them as a result of the Recall announcements.
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What if I had my child tested for lead?
If you had your child's lead level tested because he/she was exposed to a Recalled Toy(s) and the test took place within six weeks after the announcement of the Recall of the Recalled Toy to which your child was exposed, you may seek reimbursement for your out-of-pocket unreimbursed costs by submitting a Claim Form.
All information regarding the child and his/her testing will be kept fully confidential, including from Mattel and Fisher-Price, and will be destroyed within one week after all Claims are paid.
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Where can I get additional information about this settlement?
More details about the case, settlement, and your rights are available on this site. For more information, you can call us at (888) 955-2715, email us at claims@mattelsettlement.com, or write to: Mattel Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 808054, Petaluma, CA 94975-8054.
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