Frequently Asked Questions

Q: Why did I receive a notice?

A: You may have purchased an eligible baby product from Babies “R” Us. The Court approved the Notice because if you purchased certain baby products, you have a right to know about the proposed settlement of a lawsuit.

The Notice explained the lawsuit, the Amended Settlement, your legal rights, how to opt out of the Amended Settlement, what benefits were available, who was eligible for them, and how to get them. Receipt of the Notice did not necessarily mean that you were entitled to receive money from the Amended Settlement.

The Court in charge of the case is the United States District Court for the Eastern District of Pennsylvania (referred to throughout as either “Court” or “District Court”), and the cases are known as McDonough v. Toys ‘R’ Us, et al., No. 2:06-cv-0242-NIQA and Elliott v. Toys ‘R’ Us, et al., No. 2:09-cv-06151-NIQA. The people who brought these cases are called Plaintiffs, and the companies that they sued are called the Defendants.


Q: What were these lawsuits about?

A: Two groups of consumers sued Toys “R” Us, Inc. doing business as Babies “R” Us; Babies “R” Us, Inc.; Toys “R” Us-Delaware, Inc. (collectively referred to as “Babies “R” Us”); BabyBjörn AB (“BabyBjörn”); Britax Child Safety, Inc. (“Britax”); Kids Line, LLC (“Kids Line”); Maclaren USA, Inc. n/k/a American Baby Products, Inc. (“Maclaren”); Medela, Inc. (“Medela”); Peg Perego U.S.A., Inc. (“Peg Perego”); and Regal Lager, Inc. (“Regal Lager”), who was Baby Björn’s distributor. The consumers claimed that Babies “R” Us conspired with each of these manufacturers to implement and enforce policies that would prevent the discounting of certain baby products.

The consumers argued that the alleged conduct suppressed or eliminated competition that Babies “R” Us faced from Internet retailers in violation of federal antitrust laws. As a result, the consumers claim that Babies “R” Us overcharged consumers for these products.

The companies sued in these lawsuits disputed these claims. They denied engaging in any conspiracies or any other unlawful conduct. No court or other authority has found that the Defendants participated in any wrongdoing.


Q: What is the current status of the lawsuits?

A: Several lawsuits were originally filed in early 2006, and the cases were combined with the McDonough class action lawsuit. On December 28, 2009, the Elliott class action lawsuit was also filed. On January 21, 2011, the Plaintiffs and Defendants in both lawsuits agreed to combine and settle both cases together (referred to throughout as the “Initial Settlement,” “Initial Agreement” or “Initial Settlement Agreement”). On or about December 21, 2011, the District Court approved the proposed Initial Settlement Agreement and overruled all objections to the Initial Settlement. Thereafter, certain objectors appealed the denial of their objection to the United States Court of Appeals for the Third Circuit. On February 19, 2013, the appellate court vacated the District Court’s approval of the proposed Initial Settlement and sent the case back to the District Court.

On May 14, 2014, the District Court gave preliminary approval to the Fourth Amended Settlement Agreement (referred to throughout as the “Amended Settlement” and/or “Amended Settlement Agreement”). On January 21, 2015, the Court modified the proposed allocation and entered the Allocation Order for the Amended Settlement. The Court also finally approved the Amended Settlement on January 21, 2015. Subsequently, certain objectors appealed the Amended Settlement to the United States Court of Appeals for the Third Circuit. On or about November 2, 2015, the appellate court dismissed the last remaining appeal. A Motion for Distribution of the Settlement Fund was filed on April 20, 2016. On June 1, 2017, the Court entered a Distribution Order directing payment of each Authorized Claimant’s pro rata share from the proceeds of the Net Settlement Fund.


Q: What kinds of purchases qualified me to receive money from the settlement?

A: Whether you were a Class Member – and thus eligible to receive money from the settlement – depended on the type of baby product you purchased, where it was purchased, and when it was purchased. If you purchased one or more of the specific baby products from Babies “R” Us or Toys “R” Us during specific time periods, then you were eligible to participate in one or more of the Settlement Subclasses.


Q: How do I know if I was a member of a Settlement Subclass?

A: The Court decided that persons and entities that purchased certain baby products in the United States directly from Babies “R” Us or Toys “R” Us during specific time periods are Class Members. The Class has been separated into subclasses based on the type and manufacturer of the baby product. Excluded from each subclass are any judge, justice or judicial officer presiding over this matter and the members of their immediate families and judicial staffs. You can determine if you were part of one or more of the Settlement Subclasses by using the following chart:

Subclass Date of Purchase from Babies “R” Us or Toys “R” Us Product Purchased
BABYBJÖRN SUBCLASS February 2, 2000 through April 30, 2005 Any BabyBjörn baby carrier
BRITAX SUBCLASS January 1, 1999 through January 31, 2011 Any Britax car seat
KIDS LINE SUBCLASS January 1, 1999 through December 31, 2006 Any Kids Line Product
MACLAREN SUBCLASS October 1, 1999 through January 31, 2011 Any Maclaren stroller
MEDELA SUBCLASS July 1, 1999 through January 31, 2011 Any Medela Pump in Style breast pump
PEG PEREGO CAR SEAT SUBCLASS July 1, 1999 through January 31, 2011 Any Peg Perego car seat
PEG PEREGO HIGH CHAIR SUBCLASS July 1, 1999 through January 31, 2011 Any Peg Perego high chair
PEG PEREGO STROLLER SUBCLASS July 1, 1999 through January 31, 2011 Any Peg Perego stroller


Q: Could I be in more than one Settlement Subclass?

A: Yes. If you fit into the definition of more than one of the Settlement Subclasses, then you were a member of more than one Settlement Subclass, unless you excluded yourself from one or more of them.


Q: What does the Amended Settlement and allocation provide to the Settlement Subclasses?

A: As part of the settlement, the Released Defendants agreed to make payments totaling $35,500,000 to the Settlement Fund. The Court allocated the Net Settlement Fund—after payments of attorneys’ fees, reimbursement of litigation expenses, and incentive awards to Settlement Class Representatives and one objector—among all Authorized Claimants. Payments to Authorized Claimants were calculated as follows:

  1. Each Authorized Claimant who filed a valid Claim Form and submitted valid proof of purchase and purchase price is entitled to a payment from the Net Settlement Fund in the amount of twenty percent of the actual purchase price of each Settlement Product, subject to any pro rata reductions or enhancements.

  2. Each Authorized Claimant (i) who filed a valid Claim Form, submitted valid proof of purchase but did not provide proof of the actual price, or (ii) for whom Babies “R” Us provided records of a valid proof of purchase to GCG is entitled to a payment from the Net Settlement Fund in the amount of twenty percent of the Estimated Retail Price of each Settlement Product, subject to any pro rata reductions or enhancements.

Because the total Initial Authorized Payments for all Authorized Claimants exceeded the Net Settlement Fund, the Court ordered that the payments to each Authorized Claimant would be reduced by an equal percentage.

In addition, to the Initial Distribution, it is possible that Authorized Claimants who have provided or for whom the Claims Administrator already has an email address and who cash or deposit the checks distributed to them in the Initial Distribution within 90 days of the Initial Distribution, may receive coupons. Coupons up to the total cumulative amount of Settlement Funds remaining after the Initial Distribution as a result of uncashed checks or other remaining funds, which funds shall be returned to Defendants, will be e-mailed to Authorized Claimants who have cashed or deposited the Settlement Funds distributed in the Initial Distribution and have not received the maximum distribution allowed under the Amended Settlement. The coupons will be eligible for use in connection with purchase of the products at issue in these lawsuits. Once distributed, the coupons are fully transferrable and will be valid for 120 days.

In exchange, Settlement Class Members gave up all legal rights to sue Babies “R” Us, BabyBjörn, Britax, Kids Line, Maclaren, Medela, and Peg Perego and Regal Lager for the claims in the McDonough and Elliott cases. These Defendants have made their agreed upon contributions to the Settlement Fund and will be released from all claims of Class Members for all purchases of relevant baby products during the respective Settlement Subclass periods as more fully described in the Release and Discharge provisions contained in the Settlement Agreement. Even if you chose to object, attend the Fairness Hearing, hire your own lawyer or do nothing at all, if you are a Class Member you are bound by the Amended Settlement Agreement unless you previously requested exclusion.


Q: How do I receive money from the Amended Settlement?

A: You will obtain money from the Amended Settlement if you are a member of a Settlement Subclass, you did not request exclusion (or you revoked a previous request for exclusion), and you: (i) submitted a valid Claim Form supported by documentary proof of purchase(s) or (ii) were identified as a Class Member from records of Babies “R” Us (collectively, “Authorized Claimant(s)”).


Q: Did I have a lawyer in this case?

A: Yes. The Court appointed the following law firms to represent the Settlement Subclasses:

SPECTOR, ROSEMAN, KODROFF & WILLIS, P.C.
1818 Market Street, Suite 2500
Philadelphia, PA 19103
(215) 496-0300
www.srkw-law.com
HAGENS BERMAN SOBOL SHAPIRO LLP
1144 West Lake Street, Suite 400
Oak Park, IL 60301-1043
(708) 628-4949
www.hbsslaw.com
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
55 West Monroe Street, Suite 1111
Chicago, IL 60603
(312) 984-0000
www.whafh.com

These three firms are referred to as “Class Counsel.” They are experienced in handling antitrust class actions. More information about these law firms, their practices, and their lawyers’ experience is available at their websites.


How do I object to the Amended Settlement?

A: The time to object to the Settlement has passed. If you wished to make an objection, you must have mailed your written objection to, or filed it with, the Clerk of the Court and it must have been received and filed with the Court no later than August 22, 2014.


Q: How do I ask the Court to exclude me from the Amended Settlement?

A: The time to exclude yourself from the Settlement has passed. If you wished to be excluded from the Amended Settlement, you must have mailed a written “Exclusion Request”, postmarked by August 22, 2014.


Q: If I excluded myself from the Initial Settlement, can I participate in the Amended Settlement?

A: If you are a Class Member who excluded yourself from the proposed settlement described in the Initial Agreement, you were deemed to have excluded yourself from the Amended Settlement Agreement unless you revoked your exclusion by mailing your Request to Revoke Exclusion, postmarked by August 22, 2014. If you excluded yourself, you were not eligible to receive a payment in the Amended Settlement.


Q: When did the Court decide to approve the settlement?

A: The Court held a Fairness Hearing in Courtroom 7-B at the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, Pennsylvania 19106, on October 6, 2014 at 10:30 a.m., and subsequently approved the settlement in an Order dated January 21, 2015.


Q: Can I still send in a claim form or documentation to support my claim?

A: No, the deadline to submit claim forms and supporting documentation has passed.


Q: How much money will I receive from the Amended Settlement?

A: Payments will be made in accordance with the Allocation Order approved by the Court. If you submitted a valid Claim Form supported by documentary proof of purchase(s), your payment will be calculated based on 20% of the actual purchase price of each Settlement Product. For example, if your claim form listed the purchase of a Britax car seat at a cost of $237.99 and the documentation you submitted for this purchase included the actual price paid for the car seat, your payment will be based on 20% of the $237.99 purchase price. If, however, your claim included the purchase of a Medela breast pump and you did not provide documentation of the actual purchase price or your claim was based on the records provided by Babies “R” Us, your payment will be based on 20% of the Estimated Retail Price of $300.

Because the total of all Initial Authorized Payments will exceed the Net Settlement Fund, each Initial Authorized Payment will be subject to a pro rata reduction of approximately 70.57%.


Q: When will I receive my payment?

A: At this time we anticipate that distribution will take place in August 2017. Checks must be cashed within 90 days from the issue date, so please be sure to cash your check quickly.


Q: Other than a cash payment, will I be entitled to receive any other settlement benefits?

A: In addition, to the Initial Distribution, it is possible that Authorized Claimants, who have provided or for whom the Claims Administrator already has an email address and who cash or deposit the checks distributed to them in the Initial Distribution within 90 days of the Initial Distribution, may receive coupons. Coupons up to the total cumulative amount of Settlement Funds remaining after the Initial Distribution as a result of uncashed checks or other remaining funds, which funds shall be returned to Defendants, will be e-mailed to Authorized Claimants who have cashed or deposited the Settlement Funds distributed in the Initial Distribution and have not received the maximum distribution allowed under the Amended Settlement. The coupons will be eligible for use in connection with purchase of the products at issue in these lawsuits. Once distributed, the coupons are fully transferrable and will be valid for 120 days.


Q: I have moved since I submitted my claim form. How can I provide my current mailing address?

A: If you have not already done so, you should email the Claims Administrator at Questions@babyproductsantitrustsettlement.com. Please include your full name, your claim number, if available, your old address and your new address.