No. Includes vessel 1.6 GPF, lower supply nut, tank nut, Flushmate-to-tank gasket and tank-to-bowl gasket. Are all Flushmate products part of the settlements? 13. The system can burst at or near the vessel weld seam releasing stored pressure. The Flushmate System was installed in certain toilets manufactured by American Standard, Copperfit, Crane, Ecotech, Eljer, Gerber, Kohler, Lamosa, Mancesa, Mansfield, Orion, St. Thomas, Universal Rundle, Vitra, Vitromex, Vortens and Western Pottery. Additionally, UDC settlement class members who submit valid claims for having installed a repair kit themselves will be eligible to receive $25 per Flushmate Toilet repaired. Yes. No. Claims submitted before September 24, 2020 will be paid subject to the availability of funds. The Special Master’s ruling will be final and not subject to reversal or adjustment by the Court. *UDC settlement class: The initial claims period for the UDC settlement expired on September 24, 2016. When you take the tank lid off and look inside you will see a large black vessel which is the Sloan Flushmate. If my Flushmate System leaked or burst and caused property damage, can I file a claim for the property damage? Is there - Answered by a verified Plumber. Is there one toilet brand that has the Flushmate III? this is a drop in replacement for the older cylindrical flushmate … How long will it take me to receive the replacement pressure vessel? 21. Additionally, UDC settlement class members who submit valid claims for having installed a repair kit, replacement vessel, or replacement toilet themselves will be eligible to receive $25 per Flushmate Toilet repaired or replaced. 14. To request a free repair kit, verify the serial number on your Flushmate System by visiting www.flushmate.com/recall/ or by calling the Flushmate Recall Hotline toll-free at (800) 303-5123 Monday through Friday between 8:00 AM and 10:00 PM ET and Saturday between 8:00 AM and 6:30 PM ET. The Mergens settlement class includes any person or entity in the United States who owns or owned a Flushmate System in the United States manufactured from July 1, 2009 through April 30, 2011. Within ten business days of receipt of a claimant’s objection, the claims administrator will attempt to resolve the objection. You are eligible for reimbursement of unreimbursed out-of-pocket expenses only if you have already installed the repair kit, replacement Flushmate pressure vessel, or a replacement toilet for a qualifying Flushmate System. The serial number is 16 characters long and is located on the label on the top of the Flushmate System that is easily visible after lifting the toilet fixture’s porcelain tank lid. However, if after reading the instructions and watching the installation video you experience difficulty, call the Flushmate Recall Hotline toll-free at (800) 303-5123 Monday through Friday between 8:00 AM and 10:00 PM ET and Saturday between 8:00 AM and 6:30 PM ET. When you see water around the base of your toilet, try to determine the source of the leak first. 26. 28. Sloan Flushmate toilets are of generally good quality, but leaks are known to happen. Additionally, UDC settlement class members who submit valid claims for having installed a replacement pressure vessel themselves will be eligible to receive $25 per Flushmate Toilet repaired. Yes. No, the settlements provide for a distribution from the settlement fund for eligible claims for unreimbursed out-of-pocket installation expenses incurred for having installed a replacement pressure vessel to help offset the cost of professional plumber or third party technician replacement pressure vessel installation. You may file a property damage claim form that requires that you provide information regarding Property Damage resulting from the leak or burst of a Flushmate System that has not been previously reimbursed by Flushmate or others. The lawsuit, United Desert Charities, et. Box 1272 If you submit a valid claim form for installation reimbursement by the extended claims deadline of September 24, 2020, you will receive a distribution from the settlement fund for all reasonable unreimbursed out-of-pocket expenses for having installed a repair kit, having installed a replacement pressure vessel or having installed a replacement toilet in place of a Flushmate Toilet.*. Please submit copies of your invoices or receipts with the claim. The Flushmate Systems are rectangular, black, two-piece vessels made of injection molded plastic. My Flushmate III Toilet burst and broke the tank and/or the tank’s lid, what do I do? M-101526-F3 Series 503 installed sometime between 2005 and 2009. Will the claims administrator send a technician to install the repair kit? Do I have to install the repair kit, replacement Flushmate pressure vessel or replacement toilet? However, you may submit a non-property damage claim for unreimbursed out-of-pocket expenses associated with the installation of a (a) repair kit, (b) replacement pressure vessel, or (c) replacement toilet during the claims period (including the UDC extended claims period). The manufacturing date code range for the UDC settlement begins with 101497 (October 14, 1997) and continues through 063009 (June 30, 2009). 34. Toilets equipped with the Flushmate System were sold at Home Depot and Lowe’s stores and through distributors and plumbing contractors. If there are sufficient funds remaining in the settlement fund after September 18, 2018, Mergens settlement class members who submit valid claims for having installed a repair kit, replacement vessel, or replacement toilet themselves will be eligible to receive $25 per Flushmate Toilet repaired or replaced. Were the toilets containing Flushmate Systems (the “Flushmate Toilets” or the “Flushmate III Toilets”) only available to plumbers? The serial number is on the label on top of the Flushmate System. You must submit a claim form before the extended claims deadline of September 24, 2020. If not, you might have to call in a professional to help you out. 29. Lift the china tank lid and look at your Flushmate product. Mergens settlement class: The initial claims period for the Mergens settlement expired on September 18, 2018. The manufacturing date code for the Flushmate Systems involved in the settlements begins with 101497 (October 14, 1997) and continues through 043011 (April 30, 2011). Units: About 2,330,600 in the U.S. and 9,400 in Canada. The repair kit instruction sheet will include a link to an installation video. 15. Here are areas where water may leak and how to fix them: When water leaks from the bolts. When a nut becomes loose, water inside the tank may leak out of the bolt holes located in the tank. No, the settlements provide for a distribution from the settlement fund for the unreimbursed out-of-pocket installation expenses incurred for having installed a repair kit, to help offset the cost of professional plumber or third party technician repair kit installation if you choose not to install the repair kit yourself. The problem may be remedied by replacing the seal between the bowl and the drain. If you do not have invoices or receipts, you can still submit your claim listing the Flushmate System serial number or providing other proof of ownership of the Flushmate Toilet for which you are seeking reimbursement, and declaring under penalty of perjury that the information that you submit with the claim form is true and correct. How do I file a claim for property damage? Copyright © 2021 Rooter Guard. tank contact Flushmate: 1.800.533.3460 Vessel Under Pressure Prior to servicing the Flushmate System, first completely CLOSE water supply stop and then flush toilet to release pressure from the Flushmate … The first six numerals of the serial number are the manufacturing date code. Lancaster, CA 93584, By Internet: www.FlushmateClaims.com/claim-forms/. Privacy Policy. The technician can guide you through the process. ET Saturday, or online at www.flushmate.com and click on "Flushmate III Recall" in the … The Defendants deny all claims alleged in the class action lawsuits. Claims which are the subject of a claimant’s objection will be paid consistent with the claims administrator’s amended notice of allowance of claim or the ruling of the Special Master. In addition to that, the tank has a lifetime guarantee. For property damage claims in excess of that amount, claimants will have fifteen business days from the date of mailing of a notice of claims decision to notify the claims administrator in writing of any objections to the allowance or disallowance of a property damage claim and the reason(s) therefor. 23. The Special Master will render his ruling in writing no later than ten business days thereafter. You can get additional information regarding the recall at www.flushmate.com/recall. Free replacement pressure vessels will be promptly shipped to eligible claimants. If you can’t find the source, the leak might be at the drain connection located under the bowl. 33. Flushmate Systems are designed for simple installation. A little reminder. 36. 9. UDC settlement class members who submit valid claims for having installed a repair kit themselves will be eligible to receive $25 per Flushmate Toilet repaired. Find the toilet bolts that secure the toilet tank to the bowl, located below the … The free repair kit will include a color installation instruction sheet with pictures. This pressure can lift the tank lid and shatter the tank, posing impact or laceration hazards to consumers and property damage.” Flushmate said that the leaks … However, the settlements provide for a distribution from the settlement fund for eligible claims for unreimbursed out-of-pocket expenses associated with the installation of a replacement toilet if the claimant elected to replace the toilet fixture instead of installing the repair kit or replacement Flushmate pressure vessel, and for unreimbursed property damage sustained as a result of a Flushmate Toilet that leaked or burst, including the toilet fixture. If there is more than one claim under the settlements with respect to a specific serial number, apportionment of the settlement benefits will be made either pursuant to an agreement in writing by the claimants, or, if necessary, the allocation will be determined by the claims administrator. Read … What if I do not agree with the claims administrator's decision regarding my property damage claim? Case Nos. al. 16-cv-05255 (“Mergens Action”), was filed following the July 2016 expanded recall announcement. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. A simple fix would be to tighten the nuts – that’s usually enough to eliminate the leak. However, the settlements provide for a distribution from the settlement fund for the unreimbursed out-of-pocket installation expenses incurred as a result of having a professional plumber or third party technician install the replacement Flushmate pressure vessel. 12-cv-06878 (“UDC Action”), was filed following the June 2012 recall announcement. All Rights Reserved. In the case of Flushmate toilets (which is a pressure-assist kind of toilet), a special Tank-to-Bowl gasket is present that seals the tank to the toilet bowl. Contact the Flushmate Recall Hotline immediately toll-free at (800) 303-5123 Monday through Friday between 8:00 AM and 10:00 PM ET and Saturday between 8:00 AM and 6:30 PM ET. Flushmate® leaking at a seam. Will the claims administrator send a technician to install the replacement pressure vessel? Claims submitted before September 24, 2020 will be paid as long as the $18 million settlement fund has not been exhausted. If the remaining balance from the $18 million settlement fund in the UDC Action is exhausted before the end of the extended UDC claims period, the UDC settlement will terminate. 35. The first six numerals of the serial number are the manufacturing date code. In June 2012 and January 2014, Flushmate and the U.S. Consumer Product Safety Commission jointly announced a voluntary recall of Flushmate Systems manufactured from October 14, 1997 through June 30, 2009. The settlements provide for a distribution from the settlement fund for eligible claims for unreimbursed out-of-pocket installation expenses incurred in connection with having installed a repair kit. You may also receive reimbursement for property damage caused by a Flushmate System that leaked or burst to the extent not previously reimbursed by Flushmate or others. If there are sufficient funds remaining in the settlement fund after September 18, 2018, Mergens settlement class members who submit valid claims for having a repair kit themselves may be eligible to receive $25 per Flushmate Toilet repaired. How do I file a claim under the settlements? Claims submitted before September 24, 2020 will be paid as long as the $18 million settlement fund has not been exhausted. 18. After paying all valid claims in the UDC Action during the initial claims period, approximately $7 million remains in the UDC settlement fund. 12. If you notice water leaking from the water supply shank, you can try tightening the supply shank locknut to see if it cures the leak problem. You may submit your claim form online, or by e-mail, U.S. Mail or facsimile at the following addresses: By Mail: Flushmate Claims Administrator this is the 2nd Flushmate pressurize tank replacement unit/kit I have installed in my home, last one in 2014 (original units installed in the late 1990s). Flushmate Systems can only be identified by the unique serial number on the product label. The serial number is on the label on top of the Flushmate System. You may still file a claim for a distribution from the settlement fund for the unreimbursed out-of-pocket installation expenses incurred in connection with installation of the replacement toilet in place of a Flushmate Toilet. The technician can guide you through the process. How much will I have to pay for the repair kit? I have a Sloan Flushmate m-101526-f tank in my toilet. What happens if I file a claimant objection? The first six numerals of the serial number are the manufacturing date code. The Court has not determined who is right or whether either side “won.”  Instead, the parties have agreed to settle to avoid the uncertainties, delays, and expenses of continuing the lawsuits. You may also submit a property damage claim to obtain reimbursement for the unreimbursed out-of-pocket expenses incurred to repair or replace property damaged by a leaked or burst Flushmate Toilet, including the toilet fixture. The Customer wants to have a standard flush assembly and fill valve installed to replace the Flushmate… The manufacturing date code range for the Mergens settlement begins with 070109 (July 1, 2009) and continues through 043011 (April 30, 2011). You are eligible for reimbursement of out-of-pocket expenses only if you have already installed the repair kit and/or replacement Flushmate pressure vessel for a qualifying Flushmate System. We use cookies to give you the best … The date code/serial number is 16 characters long and is located on the label on the top of the Flushmate … My Flushmate III System appears to be operating with no problems, do I need to do anything? No. Decisions by the claims administrator concerning property damage claims valued at less than $1,000 are final and not subject to objection, review, appeal or reversal. The manufacturing date code range for the settlements begins with 101497 (October 14, 1997) and continues through 043011 (April 30, 2011). 2:12-06878-SJO ("UDC") and 2:16-cv-05255-SJO ("Mergens"). 31. Yes. You can verify this if you smell sewer gases. Yes. The serial number is 16 characters long and is located on the label on the top of the Flushmate System that is easily visible after lifting the toilet fixture’s porcelain tank lid. (See Figure 16) If bubbles are coming from the center or the edge of the Flush Valve Cartridge, it … When you purchase this kind of system, it is under warranty for 10 years. Settlement class members may submit claims for unreimbursed out-of-pocket expenses associated with repairing or replacing property damaged as a result of a Flushmate System that leaked or burst. If the Flushmate System bursts, it can lift the toilet fixture’s porcelain tank lid and shatter the lid and/or the toilet’s tank, posing impact or laceration hazards and property damage. The voluntary recall was expanded on July 14, 2016 to include Flushmate Systems manufactured from July 1, 2009 through April 30, 2011. 10. There are two or three bolts connecting the tank to the bowl, depending on the fixture’s design. As mentioned above, Sloan Flushmate uses air pressure in order to flush a toilet. The lawsuit, Mergens v. Sloan Valve Company, No. … Mergens settlement class: The initial claims period for the Mergens settlement expired on September 18, 2018. The Flushmate Systems are rectangular, black, two-piece vessels made of injection molded plastic. Answering the need for low consumption toilets is Flushmate. 3. Who is part of the Mergens settlement class? According to the Flushmate toilet class action lawsuit, however, “the vessels used in the Flushmate System are defective and prone to leaks and weld separation. If you do not have invoices or receipts, you can still submit your claim listing the serial number or providing other proof of ownership of the Flushmate System(s) for which you are seeking reimbursement, and declaring under penalty of perjury that the information that you submit with the claim form is true and correct. The leaks cause the Flushmate System to burst at or near the vessel weld seam … What if I have any questions regarding installing the repair kit? All hearings will be conducted by telephone, and will not exceed one hour in length. Yes, there is a video to help you install the repair kit. Hazard: The system can burst at or near the vessel weld seam … Additionally, UDC settlement class members who submit valid claims for having installed a replacement pressure vessel themselves will be eligible to receive $25 per Flushmate Toilet repaired. According to the U.S. Consumer Product Safety Commision, a recall has been issued after pressure-assisted flushing systems from Flushmate have burst. 7. The 1.6 gpf (6.0 Lpf), 1.28 gpf (4.8 Lpf) or 1.0 gpf (3.8 Lpf) of water that flows into FLUSHMATE … Claims submitted before September 24, 2020 will be paid subject to the availability of funds. When I promptly … You are strongly encouraged to install the repair kit immediately upon receipt from Flushmate. You will be required to submit documentation for such out-of pocket expenses. The remaining money will be used to pay all valid claims submitted during the extended UDC claims period and the Mergens claims period. Please submit copies of your invoices or receipts with the claim. That said, it is best if you consult with a plumber to address the issue. Will I be able to install the replacement Flushmate pressure vessel myself? During all your inspections you all most likely came across water closets (toilets) that when you flush them they are loud and powerful flush. If there are sufficient funds remaining in the settlement fund after September 18, 2018, Mergens settlement class members who submit valid claims for having installed a replacement pressure vessel themselves may be eligible to receive $25 per Flushmate Toilet repaired. Yes, Flushmate Systems are designed for simple installation, and the repair kit is no exception. 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