Frequently Asked Questions

You received the Official Notice because a Settlement has been reached in the State Action. You might be a Settlement Class Member and may be eligible for the relief detailed below.

This Official Notice explains the nature of the Actions, the general terms of the proposed Settlement, and your legal rights and obligations. To obtain more information about the Settlement, including information about how you can see a copy of the Settlement Agreement (which defines certain capitalized terms used in this Official Notice), see Section 20 below. 

Plaintiff Dominique Freeman (“Named Plaintiff”) filed a class action complaint on Monday, July 22, 2024, in the 20th Judicial Circuit Court, County of St. Clair, State of Illinois, Case No. 24-LA-1014 against MAM USA Corporation (“MAM USA”). The State Action alleges claims for breach of express warranty, violation of various consumer protection laws, and unjust enrichment relating to the Covered Products manufactured and sold by MAM USA.

MAM USA denies each and every one of the allegations of unlawful conduct, any wrongdoing, and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. MAM USA further denies that any Settlement Class Member is entitled to any relief and, other than for Settlement purposes, that the Actions are appropriate for certification as a class action. 

The issuance of this Official Notice is not an expression of the Court’s opinion on the merits of the Plaintiffs’  claims in the Actions.

For information about how to learn about what has happened in the Action to date, please see Section 20 below.

In a class action lawsuit, one or more people called a Plaintiff (in the State Action, Dominique Freeman) sue on behalf of other people who allegedly have similar claims. For purposes of this proposed Settlement, one court will resolve the issues for all Settlement Class Members. The company sued in these Actions, MAM USA, is called the Defendant.

The Plaintiff has made claims against MAM USA. MAM USA denies that it has done anything wrong or illegal and admits no liability. The Court has not decided that the Plaintiff or MAM USA should win these Actions. Instead, all Parties agreed to the Settlement. That way, they avoid the cost of a trial, and the Settlement Class Members will receive relief now rather than years from now, if at all.

The Court has decided that everyone who fits this description is a Settlement Class Member for purposes of the proposed Settlement: All Persons in the United States, its territories, and/or the District of Columbia who purchased, for personal use and not for resale, any Covered Product on or before the Preliminary Approval Date.

Specifically excluded from the Settlement Class are the following persons:

1. Defendant and its respective subsidiaries and affiliates, members, employees, officers, directors, agents, and representatives and their family members;
2. Class Counsel;
3. The judges who have presided over the Actions; 
4. Local, municipal, state, and federal governmental agencies; and
5. All persons who have timely elected to become Opt-Outs from the Settlement Class in accordance with the Court’s Orders.

The Claim Period means the period of time during which a Settlement Class Member may submit a Claim Form to be eligible to receive a Benefit as part of the Settlement, which shall be for sixty (60) consecutive days that will commence on the Notice Date. If the Claim Period ends on a weekend or federal holiday, the Claim Period shall extend to the next business day. The Claim Period is from Wednesday, September 30, 2024, to Monday, December 30, 2024.

If you are still not sure whether you are included, you can write the Claims Administrator for free help. The U.S. postal (mailing) address of the Claims Administrator is Freeman v. MAM USA Corporation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.

Claimants who submit a Valid Claim by Monday, December 30, 2024, as determined by the Claims Administrator, shall receive a Benefit.  

MAM USA will pay or cause to be paid Valid Claims as follows:

1. Claimants without Valid Proof of Purchase. Claimants without Valid Proof of Purchase shall be eligible to receive, at their election: (1) up to $0.50 for each Covered Product purchased between Thursday, March 17, 2016 and Monday, September 30, 2024, subject to a maximum Cash Award of $1.50 per claim (i.e. each Household can claim a Cash Award related to a maximum of three (3) Covered Products); or (2) Product Vouchers for up to $6.00 per claim. Claims are limited to one per Household.

1. Claimants with Valid Proof of Purchase. Claimants with Valid Proof of Purchase shall be eligible to receive, at their election: (1) a full refund up to $20.00 based upon Valid Proof of Purchase amounts provided for Covered Products purchased between Thursday, March 17, 2016 and Monday, September 30, 2024; or (2) Product Vouchers for up to $30.00 with Valid Proof of Purchase. Claims are limited to one per Household.

• Claimants’ Right to Submit A Claim Form Without Valid Proof of Purchase and With Valid Proof of Purchase. Claimants may submit a Claim Form seeking a Cash Award without a Valid Proof of Purchase and with a Valid Proof of Purchase. Claimants submitting a Claim Form seeking a Cash Award for purchases of Covered Products between Thursday, March 17, 2016 and Monday, September 30, 2024 without a Valid Proof of Purchase and with a Valid Proof of Purchase shall be eligible to receive a Cash Award equal to no more than $20.00 (with no more than $1.50 being attributable to a Claim made without Valid Proof of Purchase) or Product Vouchers equal to no more than $30.00 if the total amount of Proof of Purchase meets or exceeds $20.00. Claims are limited to one per Household.

Product Vouchers may be applied toward purchases on mambaby.com/en-us. Product Vouchers are fully transferrable and will have an 18-month expiration date. 

If you wish to receive a Benefit (i.e. Cash Award or Product Voucher), you must complete a Claim Form. 

A Claim Form is available on the Documents section of this Settlement Website. The Claim Form may be submitted electronically here or by postal mail. Read the instructions carefully, fill out the Claim Form, and postmark it by the Claims Deadline of Monday, December 30, 2024, or submit it online on or before 11:59 p.m. (Central Time) on Monday, December 30, 2024. 

As described in Sections 17 and 18 below, the Court will hold a hearing on Monday, December 16, 2024 at 10 A.M. Central Time, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It’s always uncertain when the appeals will be resolved, and resolving them can take time, perhaps more than a year. You can check on the progress of the case on this Settlement Website. Please be patient.

The Court has ordered that Melissa S. Weiner of Pearson Warshaw, LLP, and Edwin J. Kilpela, Jr. of Wade Kilpela Slade LLP (“Class Counsel”) will represent the interests of all Settlement Class Members. You will not be separately charged for these lawyers’ services. If you want to be represented by your own lawyer, you may hire one at your own expense. 

Class Counsel will submit to the Court an application seeking an award of Attorneys’ Fees and Costs, that do not exceed $2,750,000 (“Fee and Cost Application”), subject to approval by the Court. You will not be required to pay any Attorneys’ Fees or Costs. Please see Section XI, paragraphs 2 and 3 of the Settlement Agreement, available on the Documents section of this website, for additional details.

The Named Plaintiff will request a Service Award of up to $5,000 and the New York Plaintiff will request a Service Award of $1,500 for their service and their efforts in creating the Settlement. The Court will make the final decision as to the amount to be paid to the Named Plaintiff and New York Plaintiff.

If the Court approves the proposed Settlement, unless you exclude yourself from the Settlement, you will be releasing your claims against MAM USA. This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against MAM USA regarding the claims in the Actions. The Settlement Agreement contains the full terms of the release.

You may exclude yourself from the Settlement Class and the Settlement. If you want to be excluded, you must inform the Claims Administrator in writing that you wish to be excluded from the Settlement Class and must send that request to the Claims Administrator by U.S. Mail, post-marked no later than the Opt-Out and Objection Date. The request for exclusion must: (a) signed by the Settlement Class Member requesting exclusion; (b) your full name, address, and telephone number; (c) a brief statement explaining the Covered Products the Settlement Class Member purchased to confirm membership in the Settlement Class; and (d) a statement that indicates a desire to be excluded from the Settlement Class, postmarked no later than Friday, November 29, 2024 to the Claims Administrator at: 

Freeman v. MAM USA Corporation

c/o Kroll Settlement Administration LLC

 PO Box 225391

 New York, NY 10150-5391

If you timely request exclusion from the Settlement Class, you will be excluded from the Settlement Class, you will not receive a Benefit under the Settlement, you will not be bound by the Final Order and Judgment, and you will not be precluded from prosecuting any timely, individual claim against MAM USA based on the conduct complained of in the Actions.

At the date, time, and location stated in Section 18 below, the Court will hold a Fairness Hearing to determine if the Settlement is fair, reasonable, and adequate, and to consider Class Counsel’s Fee and Cost Application of Attorneys’ Fees and Costs, and the Service Awards to the Named Plaintiff and New York Plaintiff.

If you wish to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, you must file a written objection with the Court or send the objection to the Court at the address set forth below no later than (i.e., postmarked by) Friday, November 29, 2024. 

Circuit Court for the 20^th Judicial Circuit, County of St. Clair, State of Illinois

10 Public Square 

Belleville, IL 62220

The objection must provide the following:

a.         The Settlement Class Member’s printed name, address, and telephone number;

b.         Whether the Settlement Class Member is represented by counsel and, if so, contact information for his or her counsel;

c.         Evidence that the objector is a Settlement Class Member;

d.         Information regarding whether the objection applies to that Settlement Class Member, or to a specific subset of the Settlement Class, or to the entire Settlement Class, and state with specificity the grounds for the objection;

e.         Any other supporting papers, materials, or briefs that the Settlement Class Member wishes the Court to consider when reviewing the objection;

f.          The written or electronic signature of the Settlement Class Member making the objection; and

g.         A statement on whether the objecting Settlement Class Member and/or his or her counsel intend to appear at the Fairness Hearing.

You may, but need not, submit your objection through counsel of your choice. If you do make your objection through an attorney, you will be responsible for your personal attorneys’ fees and costs. 

IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT THE FAIRNESS HEARING. 

If you submit a written objection, you may appear at the Fairness Hearing, either in person or through personal counsel hired at your expense, to object to the fairness, reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the Attorneys’ Fees and Costs. You are not required, however, to appear. If you, or your attorney, intend to make an appearance at the Fairness Hearing, you must include on your timely and valid objection a statement substantially similar to “Notice of Intention to Appear.”

Objecting is simply telling the Court that you disagree with something about the Settlement. You can object only if you do not exclude yourself from the Settlement. Excluding yourself is telling the Court that you don’t want to be part of the Settlement. 

If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court has preliminarily approved the Settlement and will hold a hearing to decide whether to give final approval to the Settlement. The purpose of the Fairness Hearing will be for the Court to determine whether the Settlement should be approved as fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the award of Attorneys’ Fees and Costs to Class Counsel; and to consider the request for Service Awards to the Named Plaintiff and New York Plaintiff. You may attend, but you do not have to. 

On Monday, December 16, 2024 at 10 A.M.  Central Time, a hearing will be held on the fairness of the proposed Settlement. At the hearing, the Court will be available to hear any objections and arguments concerning the proposed Settlement’s fairness. The hearing will take place before the Honorable Heinz Rudolf in Courtroom 403 of the Circuit Court for the 20^th Judicial Circuit, County of St. Clair, State of Illinois via Zoom and in-person. The hearing may be postponed to a different date or time or location without notice. Please check this Settlement Website for any updates about the Settlement generally, or the Fairness Hearing specifically. If the date or time of the Fairness Hearing changes, an update to the Settlement Website will be the only way you will be informed of the change.

At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. As described above in Section 15, you may speak at the Fairness Hearing only if (a) you have timely submitted an objection, and (b) you have timely and validly provided a Notice of Intent to Appear.

If you have requested exclusion from the Settlement, you may not speak at the hearing.

To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, Class Counsel’s Fee and Cost Application for Attorneys’ Fees and Costs, the Class Action Complaint and the Federal Action, and other relevant documents related to the Actions and the Settlement, please visit the Documents section of this Website. Alternatively, you may contact the Claims Administrator at the U.S. postal (mailing) address: Freeman v. MAM USA Corporation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.

This description of these Actions is general and does not cover all of the issues and proceedings that have occurred. In order to see the complete file, you should visit  https://www.IllinoisCourts.gov/ or the Clerk’s office at the Circuit Court for the 20^th Judicial Circuit, County of St. Clair, State of Illinois, 10 Public Square, Belleville, IL 62220. The Clerk will tell you how to obtain the file for inspection and copying at your own expense.

It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below:

Freeman v. MAM USA Corporation

Kroll Settlement Administration LLC

 PO Box 225391

 New York, NY 10150-5391