Learning Curve / RC2 Brands Toy Warranty Litigation Summary Notice
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
Case No. 06 CH 6681
Brady, et al. v. Learning Curve International, Inc., et al., Case No. 06 CH 03056
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
TO: All persons who are residents or citizens of the United States or its Territories who purchased a Learning Curve Product (e.g. certain “Thomas the Tank Engine Wooden Railway”, “Lamaze”, “Eden”, “Lionel” (battery powered trains only), “Madeline” and “Felt Kids” products) with a “lifetime guarantee” or that was “unconditionally guaranteed for life” (the “Settlement Class”).
WHAT THIS LAWSUIT IS ABOUT. Plaintiffs filed this action against Learning Curve International, Inc., RC2 Brands, Inc. n/k/a Learning Curve Brands, Inc., and RC2 Corporation (“Defendants”) on behalf of a class. The complaint alleges that Defendants retroactively changed the guarantee on Learning Curve products from a lifetime guarantee to a 90 day guarantee and asserts claims for breach of warranty, unjust enrichment and violation of state consumer protection statutes, and seeks monetary and injunctive relief. Plaintiffs allege that they purchased Learning Curve products with a
lifetime guarantee and that when they attempted to make a claim under the guarantee they were advised, or otherwise led to believe, the guarantee had changed and their claims were not valid. Defendants deny the allegations of the complaint and have raised defenses to plaintiffs’ claims including that the change in warranty policy was prospective only. To resolve this matter without the expense and uncertainties of litigation, the Parties have reached a proposed settlement. The settlement includes injunctive relief, monetary relief under specific limited circumstances and a charitable donation. This settlement is not an admission of wrongdoing by any party.
Only certain Learning Curve products which were previously sold with a “lifetime guarantee” are the subject of this settlement. The following Learning Curve product lines are the subject of this settlement: Thomas the Tank Engine Wooden Railway (but not other Thomas plastic products made by other manufacturers), Lamaze, Eden, Lionel (battery powered trains only – not other “Lionel” products made by other manufacturers), Madeline, and Felt Kids toys and products.
Judge Sophia H. Hall of the Circuit Court of Cook County, Illinois has granted preliminary approval of the settlement and has certified the Settlement Class defined above.
THIS IS ONLY A SUMMARY NOTICE. If you are in the Settlement Class and wish to participate in this settlement, which includes a potential monetary recovery and the ability to obtain a replacement product and a discount coupon for the purchase of Learning Curve products, you must obtain a copy of the complete Notice of Class Action and Proposed Settlement which includes a Claim form. In order to obtain certain relief provided under the settlement, you must submit the Claim Form to First Class, Inc. at the address below, which must be postmarked and mailed by September 28, 2007. You may obtain a copy of the complete Notice at the website of Class Counsel at www.attorneyzim.com or by faxing or mailing a request for the Notice to the Claims Administrator:
First Class, Inc. 5410 W Roosevelt Rd, Unit 222 Chicago, IL 60644-1478
Attn: Learning Curve Settlement Fax: (773) 378-1018