Ashley Milano  |  November 8, 2016

Category: Closed Class Actions

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This settlement is closed!

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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:

  1. Proof that you bought a Monarch product showing the cost of the product excluding labor
  2. Evidence that you own real estate where Monarch product was installed, including a copy of a deed or real estate property tax receipt, and
  3. 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:

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

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

12/22/2016

Case Name

Mark A. Stolzenburg v. Green Tree Composites LLC., Case No. 4:14-cv-1533, in the U.S. District Court for the Eastern District of Missouri

Final Hearing

02/14/2017

Settlement Website

www.MonarchDeckingSettlement.com

Claims Administrator

Monarch Decking Settlement
c/o Dahl Administration
PO Box 3614
Minneapolis, MN 55403-0614
1-888-627-6030

Email: info@MonarchDeckingSettlement.com

Class Counsel

Dennis N. Smith, Jr.
THE SMITH LAW FIRM LLC

Defense Counsel

James Craney
CRANEY LAW GROUP LLC

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16 thoughts onMonarch Decking 20-Year Warranty Class Action Settlement

  1. JEANNE CRAMER says:

    We bought decking in 2007 its starting swelling and getting tiny splits when I first heard about lawsuit I went to Menards in Kokomo Indiana and asked for a copy of what I bought They told me they never sold me any Monarch decking AND THEY NEVER CARRIED THAT BRAND . I argued with the man for a while he was getting irritated with me so I finally gave up .I have be going through paperwork to try to clear up some space I found the the order contract they told me that didn’t exist. Wish I had his name just so I could show him he didn’t know how to do his job. I see suit closed but others are asking so I thought I’d try.

  2. Warren Dutton says:

    We have a 3000 square foot Monarch deck that was put down in 2010. I have a copy of the registration form I filed with the company for that purchase at that time. I never heard from the company about any recall up to and including 2016. Even though we registered with them. So am I just out in the cold? Who do I call?

  3. Diane Kittle says:

    We had two big decks built with Monarch is 2009, horrible swelling and peeling since about 2014, what recourse is there? I have the receipt.

    1. Blaine says:

      Did you get anywhere with your claim? looking for info

    2. CONNIE C RADKE says:

      Help, we to put a beautiful deck on our home that we built in about 2007 and were told that is had a life time warrenty. We have a dairy farm and this was the first and last home we have built as we were in our 60’s. We new that we wanted decking that would be maintenance free as staining or painting was not going to be something we could do at our age. Here we are in our 70’s and the deck is falling apart and unsafe on our beautiful home. We never got any notice of a recall or court action case. Now I’m looking at a new deck that is going to cost me, at least double in price for materials and maybe triple. Sure would like to know if anyone has been able to get anything back from Monarch to help in replacing their decks. This is so unfair because I gave up things in my new house when it was built so that we could have a beautiful, maintenance free deck to enjoy for the rest of our lives.. Connie

  4. Kellie Barnette says:

    We installed Monarch Decking in 2006 and the wood is literally falling apart, cracked and unsafe to be on. What can we do. Please let us know if there is any way to file a claim still.

  5. Claire Grantham says:

    We just purchase a house with Monarch tiger wood decking. The deck is splitting, sagging and generally in disrepair. Is there any recourse..It was installed in 2007

    1. Kim Rutherford says:

      Claire,
      Did you get a response back regarding any recourse after the filing deadline? We are in the same boat.

    2. Pam Fox says:

      Hello,
      We too have a deck that was built with Monarch’s composite product. It is deteriorating and looks terrible. It’s a 10 year old deck. We had no idea of the class action lawsuit. Can you give us direction? Any recourse? Thank you!

      1. Blaine says:

        Purchased a house in 2020 that has a monarch decking and railing. we have the same issues as everyone else. please let me know if you guys get any where with it. I reached out via email to info@MonarchDeckingSettlement.com
        as listed above and my email was returned.

  6. Janis Nichols says:

    I purchased a home in 2013 that included a Monarch deck and rail system. It’s falling apart. I had no knowledge the deck material was so shabby and that it would degrade this quickly. What recourse do I have?

  7. J E Hennessey says:

    Our Monarch Decking put down on our new home Spring 2006 has faded 90+% when we were told it would only be a maximum of 7% fading. Plus the shafing; cracking; splits are horrible. We were never advised regarding a class action lawsuit from our General Contractor or the wholesale supplier. What recourse do we have now?

    Help!

  8. Michael Spencer says:

    Same here. Put down almost $2K worth of the Monarch Tigerwood in 2006, and it has swelled, cracked and crumbled so badly that I really need to just tear it all out and replace it. Never was made aware of any class action lawsuit, just saw that Monarch was “out of business”.

  9. Susan and Bob Smith says:

    We have Monarch decking that was placed at our home in 2009. We were never made aware of any class action against Monarch products or we would have filed a form before now. Our purchase was made through Lowes. Most of the decking that was originally approximately $7,000. has split, faded, and suffered structural damage.
    Please advise.
    Thank you,
    Susan and Bob Smith

  10. John Clark says:

    I have monarch decking that has been down 11 years and is deteriorating badly. Is it too late to file a claim?

    1. Susan and Bob Smith says:

      John, can you let us know if you get any results? We are in the same boat.
      Thanks!

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