Judge Gives Final OK to Trex Decking Class Action Settlement

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A California federal judge has granted final approval to a class action settlement involving allegations that Trex Company Inc. manufactured and sold defective decking materials that were susceptible to mold, mildew, fungus, or other spotting and discoloration. Trex agreed to pay $8.25 million to settle the class action lawsuit, which was preliminarily approved in August.

Trex is the world’s largest manufacturer of wood-alternative decking and railing products and is stocked in more than 6,000 retail locations around the world. Trex has denied the allegations that its products were defective but agreed to settle the class action lawsuit in order to avoid the expense of trial. Thousands of people are likely to be affected by this settlement.

On Monday, U.S. District Judge Jeffrey S. White found that the terms of the Trex class action settlement were “fair, adequate, and reasonable,” and cleared the way for Class Members to receive benefits from the deal. He overruled two objections by Class Members who took issue with the type of relief provided under the deal. According to the judge, of the more than 66,000 potential Class Members who received a direct notice of the Trex decking settlement, only 89 opted out.

Under the terms of the Trex decking class action settlement, Class Members include all persons in the United States who own or owned a Trex structure built with “any and all Trex non-shelled wood-plastic composite decking, railing, or fencing material,” purchased between Aug. 1, 2004 and Aug. 27, 2013. A Trex structure is defined as a deck, railing, fencing or other structure.

Class Members are able to choose to receive a one-time cash payment of $150, a rebate benefit, or a larger rebate benefit with either a partial cash refund or partial labor reimbursement. To be eligible for benefits under the Trex decking settlement, you must submit a valid Claim Form and proof of ownership to the Settlement Administrator, postmarked no later than May 27, 2014. Class Members should be prepared to submit photographs or videos of the alleged defects and certify that they have attempted to clean the decking with a cleaning solution recommended by Trex (such as a mixture of detergent and bleach).

To learn more about how to file a claim for the Trex decking class action settlement, click here .

This class action settlement does not affect the rights of Class Members from the New Jersey settlement (Kanefsky v. Trex Company Inc.).

The plaintiffs are represented by Steve W. Berman and Robert F. Lopez of Hagens Berman Sobol Shapiro LLP.

The Trex Decking Class Action Lawsuit is Eric Ross, et al. v. Trex Company Inc., et al., Case No. 3:09-cv-00670-JSW, in the U.S. District Court for the Northern District of California.