Welcome to the MFS
Mutual Fund Settlement Website
Starting in December 2003, a series of putative securities class action complaints was filed in the United States District Court for the District of Massachusetts, alleging unlawful market-timing and late trading in the MFS Funds. Market-timing is a term used to describe short-term, "in and out" trading of mutual fund shares, which may be used by a mutual fund trader to capitalize on inefficiencies in the way mutual fund shares are priced. Late trading is a form of market-timing that involves a mutual fund trader placing orders to buy, sell or exchange mutual fund shares in a way that permits the trader to use the prior day’s price to capitalize on information obtained after the close of the market. Subsequently, ERISA and derivative actions based on the same alleged market-timing and late trading practices were filed in various federal courts. On February 20, 2004, the Judicial Panel on Multi-District Litigation issued an order centralizing all of these actions in one multi-district docket in the United States District Court for the District of Maryland under the caption MDL-1586 - In re Mutual Funds Investment Litigation.
Plaintiffs have now reached Settlements that will resolve the claims asserted in the securities class, ERISA class and derivative actions pending in the MFS Sub-Track of MDL - 1586. The Settlements provide for a total payment of $75,042,250 in cash plus interest, funded on behalf of seven separate groups of defendants. You may have already received a copy of the Mailing Notice describing the Settlements that the Court ordered to be mailed to class members. The Long-Form Notice explains in more detail the important facts and terms of the Settlements.
As described in the Notices, the Investor Class in the MFS Sub-Track includes all persons and entities who purchased, owned or held shares in the MFS Funds during the period from July 31, 1999 to December 8, 2003, inclusive, except those persons and entities that are excluded. You may view a list of the MFS Funds here.
Members of the ERISA Class, which includes all persons who were participants in or beneficiaries of the MFSavings Retirement Plan during the period from July 31, 1999 to December 8, 2003, inclusive, and whose accounts included investments in the MFS Funds, do not need to submit a Proof of Claim with respect to their MFS Funds that they owned through the Plan. A Claim Form will be sent to the MFSavings Retirement Plan for it to file a claim on behalf of the Plan and its participants. However, to the extent that you are an ERISA Class Member and you also owned shares of MFS Funds directly (i.e., not through the MFSavings Retirement Plan), you will need to follow the claims process required for Investor Class Members in order to be eligible for payment with respect to those shares.
The Settlement Fairness Hearing was held on October 21, 2010. On October 25, 2010, the Court entered the Judgments approving the Settlements and entered separate Orders granting Plaintiffs’ Counsel’s application for an award of attorneys’ fees and expenses and approving the Plan of Allocation. Pursuant to the Judgments, claims that were asserted against the settling defendants and certain parties related to the settling defendants have been released. If you are interested in more information regarding the released claims, please click on the "Releases" tab to the left.