Top Class Actions  |  January 28, 2020

Category: Legal News

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A Vortens class action lawsuit was recently resolved in a settlement with the manufacturer benefiting Texas consumers whose toilet tanks allegedly cracked.

The settlement benefits Texas consumers who own or owned Vortens toilet tank models 3464 and 3412, manufactured at the Benito Juarez plant between 2007 and 2010.

Plaintiffs in the Vortens class action lawsuit claim that the company knowingly sold defective toilet tanks. The tanks were allegedly manufactured with a defect that caused them to fracture spontaneously.

In some cases, the fractured tank reportedly caused water damage in the plaintiffs’ homes. Consumers were allegedly forced to foot the bill for cleaning, remediating, mold prevention, other repairs, and replacing their toilets.

“The manufacturing defects affecting multiple models of toilet tanks designed, manufactured, marketed and distributed by Porcelana causes such tanks to spontaneously crack, causing extensive damage both to real and personal property,” the Vortens class action lawsuit claims.

Vortens has denied wrongdoing but agreed to settle the claims against them. Previously, the manufacturer agreed to another Vortens class action settlement – although this deal benefited a nationwide class instead of just Texas.

Under the settlement, Class Members can collect up to $300 for reimbursement of replacement costs. In order to benefit from the settlement, Class Members must file a valid claim form by Dec. 31, 2020. Claim forms can be printed out and mailed to the settlement administrator.

The deadline for objection is Feb. 14, 2020. The final approval hearing is scheduled for March 2, 2020.

Who’s Eligible

Texas consumers who own or owned Vortens toilet tank models 3464 and 3412 manufactured at the Benito Juarez plant between 2007 and 2010.

Potential Award

Up to $300 in previous replacement costs and reimbursements.

For future fractures through Dec. 31, 2020, Class Members can receive a free replacement of their tank or a $35 payment. These consumers may be eligible for up to $300 in expense reimbursement if their entire toilet needs to be replaced.

Proof of Purchase

Proof of toilet tank fracture and any related expenses.

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

12/31/2020

Case Name

Cone, et al. v. Porcelana Corona de Mexico, et al., Case No. 4:17-cv-00001-ALM-KPJ, in the U.S. District Court for the Eastern District of Texas

Final Hearing

3/2/2020

Settlement Website
Claims Administrator

Cone v. Vortens Settlement Administrator
c/o Epiq
P.O. Box 4540
Portland, OR 97208-4540
1-855-424-0783

Class Counsel

N. Scott Carpenter
Rebecca Bell-Stanton
CARPENTER & SCHUMACHER PC

Defense Counsel

Darrell L. Barger
Melissa Dorman Matthews
Angela A. Gordon
L. Abigail Foreman
HARTLINE BARGER LLP

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One thought on Texas Vortens Toilets Class Action Settlement

  1. Robert Goudin says:

    Add me please

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.