By Christina Spicer  |  March 23, 2018

Category: Closed Class Actions

This settlement is closed!

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Pella window screen defect

The Pella Corporation has agreed to pay nearly $26 million to resolve allegations that the Pella ProLine brand aluminum clad wood casement, awning and/or transom windows made by the company were defective and leaked.

If you are a current or former owner of structures containing Pella ProLine brand aluminum clad wood casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2009, you may be entitled to cash for actual expenses necessary to fix damages caused by the product.

In 2009, plaintiffs Kent Eubank, Jerry Davis, Ricky Falaschetti, and others, filed a class action lawsuit alleging Pella ProLine windows were defective. The plaintiffs said that defects in the products caused leaking, leading to additional damage, including wood rot in structures.

Pella Corporation initially agreed to a settlement in 2012, but that settlement was shot down because of inequality. The new settlement requires Pella to pay $25.75 million to resolve the class action allegations.

Under the terms of the settlement, Pella Corporation does not admit any liability and has maintained that wood rot can be caused by a number of factors, but Class Members will receive reimbursement for eligible damages as well as other costs related to ProLine products in their homes and other structures.

Eligible damages include water related damage, including the window or windows and/or to the sash because of water penetrating between the aluminum cladding of the window and the window sash, as well as the consequences of such water penetration and damage. The settlement amount provided to each Class Member varies depending on whether the Class Member has paid to repair the eligible damages or not.

Class Members who submit a Claim Form no later than June 20, 2018, can be awarded cash under the settlement agreement.

Customers who want to object to or exclude themselves from the terms of this settlement must do so in writing no later than June 20, 2018.

Who’s Eligible

The settlement Class includes all persons in the United States who are current or former owners of Structures containing Pella ProLine brand aluminum clad wood casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2009.

Potential Award

Varies depending on the actual cash expenditures of each Class Member to address eligible damage.

Proof of Purchase

Class Members must submit a Claim Form along with supporting documentation, including the type of window or other Pella Product, the glass etch and product stamp ID or unit ID label, the date when eligible damage was discovered, whether the eligible damage has been repaired, and, if so, the date and type of repair.

Claim Form

NOTE: 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

6/20/2018

Case Name

Eubank, et al. v. Pella Corporation, et al., Case No. 1:06-cv-04481, in the U.S. District Court for the Northern District Illinois, Eastern Division

Final Hearing

9/14/2018

UPDATE: The Pella ProLine Windows Defect Class Action Settlement was granted final approval on March 15, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

Claims Administrator

Eubank v. Pella Corporation Window Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404041
Louisville, KY 40233-4041
1-866-658-6764
[email protected]

Class Counsel

Robert A. Clifford
CLIFFORD LAW OFFICES

Defense Counsel

John P. Mandler
FAEGRE BAKER DANIELS LLP

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103 thoughts onPella ProLine Windows Defect Class Action Settlement

  1. Holly says:

    Many large custom aluminum clad Pella windows from 1995 build and 2003 expansion needed to be replaced around 2013 (I believe) from water damage. Pella was contacted, denied windows had any warranty, and denied coverage of any sort. They were aware of defect and class action lawsuit at this time. Also, in retrospect, contractors working with Pella were aware of defect and class action lawsuit but did not report it to us (they made comments that make it clear to me now). Now more of my custom aluminum clad Pella windows are water damaged and need repair or replacement. We did not receive notification of Pella settlement. This is unacceptable.

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