JCI Defective Copper Coils Class Action Settlement

A settlement has been preliminarily approved between York International and Johnson Controls Inc. (JCI) and a group of consumers who allege the companies sold defective copper evaporator coils and copper condenser coils.

An evaporator coil is a part of an air conditioning system or heat pump system and is inside your house. A condenser coil is a part of a condensing unit and is outside your house.

Three plaintiffs filed the lawsuit on June 5, 2015 (two additional named plaintiffs joined the lawsuit later) claiming the defendants manufactured and sold air conditioning systems and heat pump systems, including air handlers and packaged HVAC units, containing defective copper evaporator coils and copper condenser coils that corrode and leak refrigerant.

The class action lawsuit alleged that the copper coils are made using uncoated copper tubing and are susceptible to corrosion. Specifically, a kind of corrosion called formicary corrosion that causes microscopic tunnels to form within the copper tubing and causes the coils to leak refrigerant.

The plaintiffs contend that JCI knew or should have known about the defective copper coils and along with informing customers about the defect, should have replaced the defective copper coils rather than simply replace the refrigerant in the unit when the copper coils leaked.

Under the terms of the proposed settlement deal, JCI and York have agreed to pay eligible Class Members who experienced one failure of a Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty and incurred any out-of-pocket expenses as a result of that failure, a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer.

Class Members who experienced two or more failures of a Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).

Those who experienced a first failure of a Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued.

All settlement Class Members who experience two or more failures of their Copper Coil while it is covered by the original limited five-year warranty or extended 10-year warranty, if at least one of the failures occurs after the settlement approval date, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).

The new Aluminum Replacement Coil will be provided through any authorized JCI dealer.

The settlement also provides $1 million in attorneys’ fees, $25,000 in court costs, and a $2,500 service award for each Class Representative.

JCI denies all of the claims in the lawsuit, but has agreed to the settlement in order to avoid the cost and uncertainty of litigation.

Class Members who wish to exclude themselves or object to the terms of the settlement must do so by Mar. 7, 2017.

Who’s Eligible

You are an eligible Class Member “if you are an individual or entity in the United States who during the time period from January 1, 2008 to November 22, 2016 purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil manufactured and sold by JCI or any of its Affiliates, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that is covered by the original limited five year warranty or extended ten year warranty.”

Potential Award

Varies.

• Claimants who prior to Nov. 22, 2016 experienced one failure of their Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty and incurred any out-of-pocket expenses as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued.

• Class Members who prior to Nov. 22, 2016 experienced two or more failures of their Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).

• Claimants who after Nov. 22, 2016 experience a first failure of their Copper Coil while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI dealer.

• Authorized Claimants who experience two or more failures of their Copper Coil (if at least one of the failures occurs after Nov. 22, 2016) while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI dealer.

Proof of Purchase

To recover under this settlement, you must include with your claim, evidence that between Jan. 1, 2008 and Nov. 22, 2016, you purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit such as an invoice, receipt, photograph, owners’ manual, or registration card.

In order to receive a $75 Service Rebate Certificate, you must provide evidence of the copper coil failure such as an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure.

To receive cash reimbursement for labor, refrigerant, or parts incurred in connection with the replacements of two or more copper coils, you must provide proof that the copper coils were replaced and evidence of the amounts you paid out-of-pocket to replace such coils. You may do so by submitting, for example, invoice(s), receipt(s), cancelled check(s), credit card statements, or any other competent evidence of your out-of-pocket losses.

Copies of these documents must be attached to the Claim Form.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

The deadline for eligible Class Members to submit a claim is the later of:

• 120 days after the date of the Court’s Final Judgment and Order of Dismissal; or
• 120 days after the Class Member experiences a Copper Coil failure while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty

Case Name

Dickerson, et al. v. York International Corporation, et al., Case No. 1:15-CV-01105-CCC, in the U.S. District Court for the Middle District of Pennsylvania

Final Hearing

8/16/2017   UPDATED

UPDATE: The JCI Defective Copper Coils settlement was granted final approval on August 22, 2017.  Let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 2: On September 21, 2017, an appeal to the JCI Defective Copper Coils settlement was filed.  Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.

UPDATE 3: On October 26, 2017, the appeal to the JCI Defective Copper Coils settlement was dismissed.  It is not known how quickly claims will be paid at this time.

Settlement Website

www.JCCopperCoilSettlement.com

Claims Administrator

Dickerson v. York International Corporation
Settlement Administrator – Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
Toll Free: 1-855-510-2035
Fax: 1-484-350-4442
Email: Questions@JCCopperCoilSettlement.com

Class Counsel

Shanon J. Carson
Russell D. Paul
BERGER & MONTAGUE PC

Gregory Coleman
Lisa A. White
GREG COLEMAN LAW PC

Jonathan Shub
KOHN SWIFT & GRAF PC

Defense Counsel

David A. Rammelt
Casey L. Westover
Caroline C. Plater
REED SMITH LLP

Christopher Scott D’Angelo
John G. Papianou
MONTGOMERY MCCRACKEN WALKER & RHOADS LLP