Monarch Decking 20-Year Warranty Class Action Settlement

By Ashley Milano | November 8, 2016

Category: Closed Class Actions

This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Monarch Decking Settlement

A federal judge has granted preliminary approval for a settlement between Green Tree Composites LLC and a nationwide Class of consumers who allege Monarch Decking products and materials are defective.

Plaintiff Mark Stolzenburg initiated the class action lawsuit against Green Tree and Biewer, claiming the companies sold defective decking materials known as Monarch Composite Decking, along with a 20-year written warranty.

According to the lawsuit, the warranty provides that Monarch products will not ““rot, split, splinter, check or suffer structural damage from termite or fungal decay” for the 20-year period.

However, many consumers who purchased Monarch Decking noticed that the product did not live up to its promises and suffered defects during the 20-year period.

But instead of honoring these warranties, the lawsuit alleges that Biewer and Green Tree told customers that Green Tree was no longer in business and that Biewer was not responsible for any warranty coverage.

Stolzenburg asserts that Green Tree violated the Magnuson-Moss Warranty Act and is liable for the defective product and the 20-year warranty.

Under the terms of the Monarch Decking settlement, Green Tree will pay a total of $470,000.

This settlement amount, once finalized by the Court, provides for claims administration expenses, attorneys’ fees, litigation costs, incentive award to the Class Representative. The remaining funds will be distributed to valid claimants on a pro rata basis.

The amount paid to each eligible Class Member will vary depending on the tier they qualify for and the number of claimants who submit valid claims.

Green Tree denies any liability but entered into this settlement agreement after extensive settlement negotiations and two years of litigation.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Dec. 2, 2016.

Who’s Eligible

If you purchased any Monarch product such as decking materials including railings and boards, or were transferred ownership of the product or any structures containing Monarch Decking and submit a valid Claim Form you are entitled to a pro rata share of the settlement fund.

Excluded from this Class are individuals who previously made a warranty claim to any defendant with relation to owned Monarch product, where said claim was satisfied by acceptance of replacement product or otherwise agreed to have been satisfied. Also excluded are entities that purchased Monarch product for purpose of resale.

Potential Award

Varies.

The settlement Class is divided into two tiers of claimants:

Tier 1: Claimants in this group will be treated as having submitted a claim for the amount he/she/it paid for Monarch Decking products, up to a maximum of $30,000.

Tier 2: Claimants in this group will be treated as having submitted a claim for either $500 or $2,000 depending on the type of Monarch Decking products acquired or purchased.

“The amount paid to each participant will depend on the number of claimants and the size of each claim. However, because the total dollar value of all claims is expected to exceed the available funds, no claimant should expect to receive payment for the total cost he/she/it expended for Monarch decking products. In other words, a person submitting for example a claim for $4,000 should expect to receive less than $4,000 from the settlement fund.”

Proof of Purchase

In order to qualify as a Tier 1 claimant you must return a completed Claim Form with:

Proof that you bought a Monarch product showing the cost of the product excluding labor
Evidence that you own real estate where Monarch product was installed, including a copy of a deed or real estate property tax receipt, and
A copy of your photo ID

If you are unable to provide proof of purchase, you may still qualify as a Tier 2 claimant if you return a completed claim form along with:

A photograph of Monarch product with you in the photo
A copy of your photo ID
Evidence of your ownership, including copy of deed or real estate property tax receipt, of the real estate where the Monarch product is located