Sarah Mirando  |  October 3, 2011

Category: Legal News

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MEGA Brands Magnet Toy Class Action Settlement

By Matt O’Donnell

 

MEGA BrandsToy company MEGA Brands (NASDAQ: MBLKF) has reached a class action lawsuit settlement over allegations it should provide refunds to consumers because it sold defective Magnet Toys that posed a choking hazard to consumers. As a result, anyone who purchased a MEGA Brands Magnet Toy since 2003 may be eligible to receive a cash payment for a full or partial refund of their purchase under the MEGA Brands Magnet Toy class action settlement.

The MEGA Brands settlement will resolve a class action lawsuit, entitled Berry v. MEGA Brands America, Inc., et al., that alleged the toy company made and/or sold Magnet Toys that were defective because the magnets were loose and could be swallowed, posing a choking hazard. Many of these defective Magnet Toys were recalled between 2006 and 2008, including the brands Magnetix, Magtastik, Magnetix and MagnaMan.

Under the Magnet Toy class action settlement, MEGA Brands has agreed to provide cash payments to Class Members who file valid and timely claim forms, contribute $100,000 in both cash and product to a newly created organization called the “MEGA Brands Foundation,” and pay $3.5 million in attorneys’ fees.

Class Members of the MEGA Brands class action settlement include all U.S. consumers who purchased one of the hundreds of MEGA Brands Magnet Toys listed here from September 2003 to the present.

The amount of money you can receive from the MEGA Brands Magnet Toy settlement depends on a variety of factors:

(1) If you returned one or more MEGA Brands recalled toys as part of a recall program, you can receive $5 for each toy returned, up to $15 for 3 toys.

(2) If you have a receipt or some other document showing the price you paid for a Magnet Toy, you can receive a full cash refund. (No maximum)

(3) If you have proof that you had a Magnet Toy, such as the toy itself, the toy’s original packaging, the toy’s manual, or a toy part that you can match to any of the toys listed here, you can receive a full cash refund of the Suggested List Price for up to 3 toys.

(4) If you have a toy part but are unable to determine the specific Magnet Toy it belongs to, your payment will be based on the weight of the toy parts submitted, which will range from $3.99 to $70.00. (A breakdown of this payment chart can be found in the MEGA Brands Class Action Settlement Notice.)

(5) If you don’t have any proof that you bought or had a Magnet Toy, you may receive $10 per toy (for up to 2 toys) if you declare under penalty of perjury that you purchased or acquired one or more of the defective Magnet Toys.

To receive any of these benefits under the MEGA Brands toy class action settlement, you must submit a claim form and any supporting documentation to the Settlement Administrator by February 15, 2012.

Claim forms and more information on your rights in the MEGA Brands Magnet Toy Class Action Lawsuit Settlement can be found at www.MEGABrandsSettlement.com.

 

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Updated October 3rd, 2011

 

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8 thoughts onMEGA Brands Magnet Toy Class Action Settlement

  1. Mike Myers says:

    Does anyone know the status of this settlement?

  2. Sherry says:

    Well here it is 2014 and neither I nor my mom have received a check. Four complete sets returned and we even had to pay for the boxes and shipping. I will try the phone number Lauren has posted and see what happens.

  3. Lauren says:

    Same here. Here is the contact number over at Rust constulting. If you had no proof these checks went out in January. If you had proof… well, we are still waiting.
    612-359-2854 … let us know how you make out. I was told they are not sure why it was not mailed and are looking into it.

  4. shannon says:

    mailed the 12 pounds worth of parts, 3 cases and proof of purchase for 3 other items. I never received a settlement check

  5. John C says:

    Filled out my claim form and sent back my mega coster and have not received my settlement check.

  6. Kathy says:

    Rec’d $20 today. I no longer had the toy or receipt to submit.

  7. Ron.G says:

    I have moved . Please let me know how I can give you my new address so claim can be issued to new address please.

  8. Anonymous says:

    When I filled out 3 claim forms in February 2012, my email address was babajeann@yahoo.com

    In May of 2012, I’ve changed it to babajeann27@gmail.com how do I change that on my claim form?

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.