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This settlement is closed!
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A $45 million settlement has been reached in a class action lawsuit alleging that Aspen Manufacturing Holdings Inc. (formerly known as Aspen Manufacturing Inc.) Series BB evaporator units were defectively designed and manufactured, leading to rust stains on property and/or rust particles blown into homes.
If you own a home in Nevada that contains or contained Aspen Series BB evaporator coil units in the air conditioning system, you may be entitled to payment from the class action settlement.
According to the Aspen evaporator coil class action lawsuit, Aspen-brand Series BB evaporator units, including the coils, pans and component parts, were defective and prematurely rusted and caused rust to discharge through condensate drains. This discharge allegedly left rust stains on property and/or allowed rust particles to blow into homes.
Approximately 120,000 allegedly defective Aspen Series BB evaporator coils were reportedly distributed to Nevada between 1998 and 2006.
The Aspen Series BB evaporator coil class action lawsuit was initially filed on Dec. 1, 2014. According to court documents, Aspen’s insurance carriers have denied any coverage for Class Members’ claims.
Shortly before the settlement was reached, Aspen sued all of its insurers to seek declaratory relief regarding the coverage issues but determined the risks would be too great if a court determined the insurance policies did not provide coverage for the Class Members’ claims.
Aspen denies the allegations and maintains its product was not defectively designed, manufactured, assembled, sold or distributed. However, the company has agreed to settle the evaporator coil class action lawsuit to avoid the burden and expense of ongoing litigation.
The Aspen Series BB evaporator coils class action settlement has received final approval, and Class Members have 18 months from Jan. 17, 2018 to file a claim.
Who’s Eligible
Class Members of the Aspen BB Series settlement include anyone who owns a home located in Nevada that contains or contained the Aspen Series BB evaporator coil units.
NOTE: If you previously opted out of the Aspen evaporator coil settlement, you do not qualify for benefits.
Potential Award
$220 per Aspen Series BB unit.
Claimants may receive an additional distribution if all eligible Class Members do not file claims.
Proof of Purchase
If you have already removed and replaced the Aspen Series BB units from your home, you must provide documentation showing that your home previously contained the Aspen Series BB units.
In some cases, an inspection will be required to verify your claim. If an inspection is required, the Settlement Administrator will contact you within 30-90 days of receiving your Claim Form to schedule an inspection of your home.
Claim Form
NOTE:Â If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
7/17/2019 (estimated)
The settlement notice states that the Claim Form deadline is 18 months from Jan. 17, 2018.
Case Name
In re: Aspen Series BB Evaporator Coil Litigation, Case No. A-14-710463-D, in the District Court for Clark County, Nevada
Final Hearing
11/1/2017
Settlement Website
Claims Administrator
Total Class Solutions LLC
P.O. Box 869066
Plano, TX 75086-9066
1-855-684-6180
SeriesBB@TotalClassSolutions.com
Class Counsel
Scott K. Canepa
Terry W. Riedy
Bryan T. Abele
CANEPA RIEDY ABELE
J. Randall Jones
Michael J. Gayan
Nathanael R. Rulis
KEMP JONES & COULTHARD LLP
Defense Counsel
Philip Goodhart
THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER
Shannon G. Splaine
LINCOLN GUSTAFSON & CERCOS
Theodore Parker III
PARKER NELSON & ASSOCIATES
Daniel M. Glassman
CROWELL & MORING LLP
Stephen H. Smith
YOKA & SMITH LLP
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22 thoughts onNevada Aspen Series BB Evaporator Coil Units Class Action Settlement
Are you sending out 1099 misc statements to those who received settlement checks?
OMG!!! I’m also missing out on this class action claim, I have 2 AC’s, what can I do to pursue this?? Please contact me Asap — billsv19@yahoo.com
I
I did not know about this class action until heard it from neighbors recently, How can I pursue this settlement now? Can anyone please help?
We did not know anything about the class action lawsuit we moved into the property June 12, 2018 and we never received anything are we still eligible for the class action lawsuit If we are eligible would you please let us know our neighbors received their check yesterday and that’s how we found out about the lawsuit please advise
Our address is 4648 Gleaming medows St., North Las Vegas, NV 89031
Re: Nevada Aspen Series BB class action settlement
I filed in may and never got a inspection. Now they say they have no record of me filing. All my neighbors got 4K back and I’m screwed
I was on the phone with them all day. They are rude and just say the lawsuit is closed and we can’t get any relief now. My house has major damage inside and out from the rust stains.
I received my first check for about $220 several months ago. I just received in the mail another check for $4500.
I received a check of about $200’ish for each home I owned (first settlement check). Then, I received the second one for a whopping $2,200
I received my first check for the 200 something, when do we get final check?
How do I check the status of my claim?
I had an inspector come and say my claim was accepted. I have not received any statement or paperwork to confirm this. How can I obtain proof of my claims acceptance?
You don’t receive any proof. The check just comes in 45 days.
Hello, I had a question regarding my compensation, I did have an inspection made a few weeks ago just wandering when am I going to receive my settlement? Thank you, hope to hear back…
45 days from the time you had the inspection.
I had a neighbor just receive a ck. for approx. $ 2200.00 , you say its closed, Iwas not notified that I was due this money. It should have been a certified . registered,special delivery letter stating I was due this money. I would have to have signed it !!!!!
Yours Truly
Richard L. Knox
2559 Anani Rd
Las Vegas, NV 89044
anani Rd
Las Vegas, NV 89044
Our thoughts exactly. We filed and never got a inspection. Followed up with the lady and showed proof of doing so. They say they can’t see we filed and we provided everything under the sun showing we made calls. Now the claim is being denied still. It’s a joke what’s going on with this. I will be filing a lawsuit direct if something is not fixed soon.