We have not been able to verify whether any court filing has taken place; I have, however, heard from one Minneapolis-area attorney that there were… Box 59479 It seems that Timbertech is only replacing those decks that have owners with leverage. A national law firm is currently investigating Correct Building Products, the manufacturer of CorrectDeck composite decking, in response to widespread consumer complaints of mold and mildew growth on their product. Still photographs that show the scorching, fading or blistering of the deck. Contact Us. administrator or law firm. It arrived from the lumber yard where I purchased it from with this dark brown stain on it. working with ClassAction.org are no longer investigating this matter. Required fields are marked *, A settlement has been reached in a class action lawsuit alleging certain types of TimberTech decking has a defect that causes it to scorch, fade or blister. Attorneys will then review your submission to determine if you have a case. Among other things, the Lawsuit alleges that TimberTech XLM Mountain Cedar decking sold on or before August 31, 2010 and XLM Desert Bronze sold on or before November 1, 2011 is subject to a defect that can cause the decking to, among other things, scorch (i.e., blacken) or fade (i.e., whiten) or manifest a surface film (i.e., blister). The How Many New Jersey Priests are in the Accused Priest Database? New cases and investigations, settlement deadlines, and news straight to your inbox. The lawsuits claim that PPIs are defectively designed, dangerous to human health and lack proper warnings about the risk of kidney problems. (937) 655-5229 You can contact the settlement administrator to discuss your situation and see if you have any options.
The photographs should include a date stamp to indicate the date they were taken. I've been reading from this thread and reached the conclusion after reading all the posts that Trex has lots of problems, mold, mildew, class action lawsuits, etc. We use cookies on our website to improve functionality and performance, to enhance the user experience, and to provide tailored content for website visitors. Decide which cookies you want to allow. Class Members who provide proof of scorching, fading and/or blistering and who have not already received a replacement deck will be eligible for free replacement decking from a variety of lines and colors (Mountain Cedar and Desert Bronze decking materials are no longer in production). You can potentially get replacement decking, labor reimbursement, and/or property damage up to $100 from the TimberTech XLM Decking Defect Class Action Lawsuit . I purchased the Twin Finish in grey, but some of the boards after taking off the shrink wrap were stained with some kind of brown material. We offer a submission form on our website for you to fill out if you are seeking class action legal help. It settled a suit by distributors claiming deceptive business practices in 2000. According to the lawsuit, TimberTech failed to conduct adequate tests before approving and selling the product and should have known that the PVC used to treat the decking made it susceptible to color deterioration. All right reserved. The company has also, on occasion, recommended cleaning products after receiving complaints of spots and marks, but, in several cases, the effects of the cleaners were only temporary – often lasting only until the next rainfall, according to the lawsuit. The TimberTech class action lawsuit states that the XLM decking fails in its intended purpose, and that TimberTech has failed to implement changes to their decking or warranty procedures to repair the defects, even though they received numerous customer complaints. Timbertech Decking Pvc Patio Pricing Prices Complaints Class Action Lawsuit; Timbertech Decking Pvc Patio Pricing Prices Complaints Class Action Lawsuit November 1, 2018 Outdoor Patio And Backyard Recognizealeader.com 25 Watched Prev. |   We were not aware of this claim until today. Is it too late to be part of this suit? By 2009, though, the company had filed for bankruptcy protection, and its assets were sold to what became GA… In this case, anyone who has TimberTech decking and experienced the discoloration problems caused by the alleged defect may be able to seek compensation for repair and replacement costs, among other damages. Please see what other class action settlements you might qualify Property Damage. Learn more about the cookies we use. If anyone hears of a class action suit against this company, it would be a responsible thing to join.
Property owners have complained that, in some cases, the decking showed signs of failure on its first day of use, even when installed correctly. NSF Fee Charge Class Action Lawsuit Investigation, Bank & Credit Union Overdraft Fee Class Action Lawsuit Investigation, Glen Mills Schools Abuse Lawsuit Investigation, Financial Institution Prerecorded Messages and Voicemail Lawsuit, Vehicle Safety Defect Class Action Lawsuit Investigation, Penumbra Jet 7 Stroke Catheter Recall Lawsuit Investigation, Nationwide ATM Fees | Banks & Credit Unions Class Action Lawsuit Investigation, Shawn Fitzgerald Child Pornography and Sexual Abuse Lawsuit Investigation, LG Refrigerator Cooling Defect Class Action Settlement, Roundup® Weed & Grass Killer Product Label Class Action Settlement. The XLM decking defect class action lawsuit filed against TimberTech Ltd. and CPG International Inc. alleges that XLM Mountain Cedar and XLM Desert Bronze decking materials that were sold during the specified time period were subject to a defect that caused it to blacken, whiten or develop a surface film. But composite decking hasn’t always lived up to its potential. You look at the ends of some of these boards and you can see some kind of brown gunk collecting on the end. According to the TimberTech decking defect class action lawsuit, Gornstein had approximately 700 square feet of TimberTech XLM Mountain Cedar decking installed in 2009. An investigation is underway to determine if a class action lawsuit is warranted due to poor quality products and sub par customer service. If they feel you qualify, they will contact you directly. '> Advanced Environmental Recycling Technologies (AERT) — maker of ChoiceDek and MoistureShield composite decking; Crane Plastics — maker of TimberTech composite decking; This, as part of my quest to determine whether composite decks make sense or not for our new log home.. What follows are the biggest differences between ChoiceDek (also sold as MoistureShield) and Timber Tech. Your email address will not be published. Despite the decking being advertised as maintenance-free, several homeowners have complained that their decking was stained or damaged even when it arrived at their houses.

  • The company appears to settle at least one nationwide class-action lawsuit every four to six years. NOTE: The settlement only covers scorching, fading and blistering. If you want to tailor our website's use of your cookies, please select Change Settings. Texas Farmers Auto Insurance FSPA Class Action Lawsuit This class action lawsuit claims that Farmers Texas County Mutual Insurance Company (Farmers Texas) offered the “Farmers Smart Plan Auto” (FSPA) to new customers while hiding the plan to current and loyal customers that were stuck in plans that charged significantly higher premiums. Good luck! On one site in particular a TimberTech deck was claimed to have “cupped, split, pulled away from itself and it is moldy, messy looking and has been treated, cleaned and taken care of.” Per this poster who was representing one her design clients & loves a “good fight,” she called the company rep… WHAT CAN YOU CLAIM We tell you about cash you can claim every week! Class Members may be eligible to receive up to $100 for the repair of any property damage that was caused by the removal of their existing TimberTech deck. Gornstein alleges that the decking products begin to fail almost immediately, even if it is installed perfectly. Gornstein v. TimberTech Ltd., et al., Case No. For information on deleting the cookies, please consult your browser’s help function. Notice Administrator I assumed this product had gone through at least a couple of years of testing. However, while these PVC decking product warranties guarantee replacement of the defective product, oftentimes, homeowners are greeted with resistance from the manufacturers when they make claims to get replacement decking pursuant to their warranties. The lawsuit claims TimberTech’s warranty agreement expressly states that decking materials will be delivered “free from material defects.” This warranty is offered for 25 years from the date of the decking’s installation, yet the decking is allegedly failing far earlier than expected. your claim status, claim form or questions about when payments are

    The plaintiffs in this lawsuit allege that TimberTech XLM Mountain Cedar decking sold on or before August 31, 2010 and XLM Desert Bronze sold on or before November 1, 2011 is subject to a defect that can cause the decking to, among other things, scorch (i.e., blacken) or fade (i.e., whiten) or manifest a … only a few – advertise their products as four possible class action lawsuits against four separate composite decking Placeholders.enable(); The lawsuit seeks to represent consumers nationwide who either purchased or obtained Trex decking material that exhibits defects including peeling, rot, splintering, checks, cracks, decomposition, flaking, bowing, expanding, swelling and more. NOTE: The settlement only covers scorching, fading and blistering. Stocked in more than 5,500 retail locations worldwide, Trex outdoor living products offer a wide range of style options with fewer ongoing maintenance requirements than wood, as well as a truly environmentally responsible choice. TimberTech is currently facing a class action lawsuit over claims that its XLM range of decking, which is sold in “desert bronze,” “harvest bronze,” and “twin finish” colors, is defective. Class Members must include photographs that show the entire deck as well as close-up images of the scorching, fading and/or blistering. Top Class He says that the decking began to fade and develop a milky white color not long after it was installed. Some of the major decking manufacturers even faced class-action lawsuits for the sub-par products. Recently some calls out for help have been made on some homeowner / DIY friendly boards about forming a class action lawsuit. At first, it appear to have removed them, but after a day or two and rain, they were still there.

  • Failure To State Claims

    According to the lawsuit, the decking’s protective coating deteriorates prematurely, causing the decking to show obvious discoloration, which has been described by property owners as “milky white,” “chalky,” “like diluted milk” and “dark brown.” Consumers who bought or own the XLM decking line on their properties may be able to take part in this lawsuit to seek compensation for repair and replacement costs, among other damages. Only scorching, fading and blistering defects are covered by the TimberTech class action settlement. It then settled a lawsuit in 2004 for selling decking products that deteriorated (Kanefsky v. Trex Co., Inc.). The PVC used by the company, however, is allegedly defective and unable to retain its coloring once exposed to rain or sunlight.

    • Uncategorized timbertech decking problems. TimberTech Settlement Please let me know of any comp claims. Class Members of the TimberTech XLM decking settlement include anyone in the United States who owns XLM Mountain Cedar purchased on or before Aug. 31, 2010, or who owns XLM Desert Bronze purchased on or before Nov. 1, 2011, or who received a permitted assignment.

      You may want to consult your own attorney, and should you choose to go that route, we recommend checking out http://www.consumeradvocates.org/find-an-attorney. By choosing your country, you acknowledge that you have read Trex's Privacy's PolicyPrivacy's Policy [gravityform id="805" title="false" description="false" ajax="true" field_values="l=US"],

      Attorneys The TimberTech class action lawsuit states that the XLM decking fails in its intended purpose, and that TimberTech has failed to implement changes to their decking or warranty procedures to repair the defects, even though they received numerous customer complaints. Timbertech falsely advertised its XLM decking. TimberTech XLM Decking Defect Class Action Lawsuit: TimberTech XLM Decking Defect Class Action Lawsuit Form; Claim Form Deadline: 03/16/2017 Who’s Eligible: All residents of the U.S. that have purchased products or materials from TimberTech XLM Decking Estimated Amount: Class members may receive replacement decking, labor reimbursement, property damage Structural failures, mold formation and aesthetic issues have led to complaints from homeowners and contractors, as well as legal action. A list of open investigations and is_confirmation;var mt = parseInt(jQuery('html').css('margin-top'), 10) + parseInt(jQuery('body').css('margin-top'), 10) + 100;if(is_form){jQuery('#gform_wrapper_805').html(form_content.html());if(form_content.hasClass('gform_validation_error')){jQuery('#gform_wrapper_805').addClass('gform_validation_error');} else {jQuery('#gform_wrapper_805').removeClass('gform_validation_error');}setTimeout( function() { /* delay the scroll by 50 milliseconds to fix a bug in chrome */ jQuery(document).scrollTop(jQuery('#gform_wrapper_805').offset().top - mt); }, 50 );if(window['gformInitDatepicker']) {gformInitDatepicker();}if(window['gformInitPriceFields']) {gformInitPriceFields();}var current_page = jQuery('#gform_source_page_number_805').val();gformInitSpinner( 805, 'https://s11284.pcdn.co/wp-content/plugins/gravityforms/images/spinner.gif' );jQuery(document).trigger('gform_page_loaded', [805, current_page]);window['gf_submitting_805'] = false;}else if(!is_redirect){var confirmation_content = jQuery(this).contents().find('.GF_AJAX_POSTBACK').html();if(!confirmation_content){confirmation_content = contents;}setTimeout(function(){jQuery('#gform_wrapper_805').replaceWith(confirmation_content);jQuery(document).scrollTop(jQuery('#gf_805').offset().top - mt);jQuery(document).trigger('gform_confirmation_loaded', [805]);window['gf_submitting_805'] = false;}, 50);}else{jQuery('#gform_805').append(contents);if(window['gformRedirect']) {gformRedirect();}}jQuery(document).trigger('gform_post_render', [805, current_page]);} );} );, [gravityform id="805" title="false" description="false" ajax="true" field_values="l=CA"],

      While TimberTech has reimbursed some buyers for the price of the decking, the company has not paid for the labor costs of installing the decking or for the removal and replacement of the stained and discolored wood, the lawsuit claims.

    • This field is for validation purposes and should be left unchanged.
      • Placeholders.enable(); Essential: Remember your cookie permission setting, Essential: Gather information you input into a contact forms, newsletter and other forms across all pages, Essential: Keep track of what you input in a shopping cart, Essential: Authenticate that you are logged into your user account, Essential: Remember language version you selected, Functionality: Remember social media settings, Functionality: Remember selected region and country, Analytics: Keep track of your visited pages and interaction taken, Analytics: Keep track about your location and region based on your IP number, Analytics: Keep track of the time spent on each page, Analytics: Increase the data quality of the statistics functions, Advertising: Tailor information and advertising to your interests based on e.g. Yes, we purchased this decking many years ago from our local Menards, but pretty sure I won’t be able to find the receipts, our deck faded terribly, and it of course said it would not fade, Your email address will not be published. TimberTech is currently facing a class action lawsuit over claims that its XLM range of decking, which is sold in “desert bronze,” “harvest bronze,” and “twin finish” colors, is defective. And It faded. Kits include the top channel, bottom channel, and …
    According to the lawsuit, TimberTech XLM Decking agreed to settle a lawsuit with a customer that alleged they purchased defected material from a certain time period date. Before commenting, please review our comment policy. NOTE: Class Members who have not already received a replacement deck and do not wish to take advantage of the repair and replacement options offered by the settlement may be eligible to receive a one-time payment of $400.
    All it did was cover them up. The suit is also asking TimberTech to reassess and re-audit all warranty claims regarding XLM decking, including claims that were denied. is_redirect && !

    The lawsuit describes online consumer complaint boards as “replete with examples of angry customers who paid top dollar for TimberTech XLM and are furious about its performance.” Typical complaints, which describe a number of colors including “desert bronze,” “harvest bronze,” and “twin finish,” include ([sic] throughout): “My TimberTech was discolored from the get go. Class Members may also be eligible for labor reimbursement at the rate of $4.50 per square foot for their existing TimberTech deck.