Trex Decking Class Action Settlement Gets Tentative OK

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UPDATE: Details on how to file a claim for the Trex decking class action lawsuit settlement are up!

A California federal judge last week granted preliminary approval to a class action settlement in which Trex Co. Inc. will pay $8.25 million to settle accusations that the company sold defective decks that were prone to discoloration.

On August 19, U.S. District Judge Jeffrey S. White agreed to the deal even though plaintiff Dr. Caryn Borger objected to the Trex class action settlement in a parallel suit filed in New Jersey. She complained that Trex’s plan to give notice to Class Members was inadequate. According to Judge White’s order, Borger will not be barred from raising her objections prior to the final approval of the Trex decking class action settlement.

The initial Trex class action lawsuit was brought by 11 plaintiffs across the country who alleged that the wood-plastic composite decks purchased from Trex were subject to fungal spotting and discoloration. According to the product’s 25-year warranty, the decks would not suffer from material defects or damage from fungal decay. Trex denied the allegations, insisting that the fungal damage was related to environmental factors that were not covered by the warranty.

According to the terms of the Trex class action settlement, customers who purchased one of the Trex decks from August 2004 until the present will be able to choose between cash, partial cash refunds and reimbursements. They will also have the option of receiving a cash rebate set at 40 to 50 percent of the price of mold-resistant “new generation” decking. According to court documents, this rebate can be worth more than $2,000 to put toward an average-sized deck.

Because some plaintiffs have already had their Trex decks for more than eight years, they feel that this class action settlement is “a high quantum of relief under any standard,” they said. The class action settlement terms were reached through mediation with retired federal and state court judge Wayne R. Anderson. Final approval is expected in early 2014.

This class action lawsuit was the second faced by Trex in recent years. Several years ago, Trex settled a previous class action lawsuit related to allegations that its first-generation Trex and Timbrex decking were susceptible to rotting and splintering. Under the terms of that settlement agreement, Trex had to replace Class Members’ products and was required to stop advertising that its products were maintenance-free and did not require sealant. In 2010, Trex agreed to a class action settlement over allegations that its decking and railing material were subject to flaking.

Details on how to file a claim for the 2013 Trex class action lawsuit settlement were not immediately available. Top Class Actions will update our readers when a Settlement Administrator website is established. Keep checking Top Class Actions or sign up for our free weekly e-newsletter below to receive settlement updates. [UPDATE: Instructions on how to file a claim for this settlement are now available here in our Open Class Action Lawsuits section. The Court granted final approval to the Trex decking class action settlement at the Dec. 13, 2013 Final Fairness Hearing.]

The class action lawsuit plaintiffs are represented by Steve W. Berman and Robert F. Lopez of Hagens Berman Sobol Shapiro LLP and Lieff Cabraser Heimann & Bernstein LLP, Tousley Brain Stephens PLLC, Audet & Partners LLP and Hausfeld LLP.

The Trex Class Action Lawsuit is Dean Mahan, et al. v. Trex Co. Inc., Case No. 3:09-cv-00670, in the U.S. District Court for the Northern District of California.