TimberTech XLM Decking Defect Class Action Settlement

A settlement has been reached in a class action lawsuit alleging certain types of TimberTech decking has a defect that causes it to scorch, fade or blister.

If you own XLM Mountain Cedar decking material purchased by Aug. 31, 2010 or XLM Desert Bronze decking material purchased by Nov. 1, 2011, you may be entitled to benefits from the TimberTech XLM decking class action settlement.

The XLM decking defect class action lawsuit filed against TimberTech Ltd. and CPG International Inc. alleges that XLM Mountain Cedar and XLM Desert Bronze decking materials that were sold during the specified time period were subject to a defect that caused it to blacken, whiten or develop a surface film.

Plaintiff Todd M. Gornstein asserts that the defendants failed to honor their 25-year warranty because these discoloring issues were not deemed a “defect.”

According to the TimberTech decking defect class action lawsuit, Gornstein had approximately 700 square feet of TimberTech XLM Mountain Cedar decking installed in 2009.

He says that the decking began to fade and develop a milky white color not long after it was installed. Despite his attempts to clean the deck with approved deck cleaner, he says he was unable to mitigate the discoloration.

Gornstein alleges that the decking products begin to fail almost immediately, even if it is installed perfectly.

The TimberTech class action lawsuit states that the XLM decking fails in its intended purpose, and that TimberTech has failed to implement changes to their decking or warranty procedures to repair the defects, even though they received numerous customer complaints.

The defendants deny the allegations but agreed to settle the decking defect class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Only scorching, fading and blistering defects are covered by the TimberTech class action settlement. Variations in color that occur due to normal weathering, algae, dirt, mildew or mold are not covered.

Who’s Eligible

Class Members of the TimberTech XLM decking settlement include anyone in the United States who owns XLM Mountain Cedar purchased on or before Aug. 31, 2010, or who owns XLM Desert Bronze purchased on or before Nov. 1, 2011, or who received a permitted assignment.

NOTE: The settlement only covers scorching, fading and blistering.

Potential Award

Varies.

Replacement Decking. Class Members who provide proof of scorching, fading and/or blistering and who have not already received a replacement deck will be eligible for free replacement decking from a variety of lines and colors (Mountain Cedar and Desert Bronze decking materials are no longer in production).

Labor Reimbursement. Class Members may also be eligible for labor reimbursement at the rate of $4.50 per square foot for their existing TimberTech deck. If you already received labor reimbursement from the defendants at a rate that was less than $4.50 per square foot, you will be entitled to the difference so that you are reimbursed up to $4.50 per square foot as long as you are able to provide proof of your actual expense.

Property Damage. Class Members may be eligible to receive up to $100 for the repair of any property damage that was caused by the removal of their existing TimberTech deck.

NOTE: Class Members who have not already received a replacement deck and do not wish to take advantage of the repair and replacement options offered by the settlement may be eligible to receive a one-time payment of $400.

Proof of Purchase

Class Members must provide the following information when submitting a Claim Form:

• Proof of ownership or assignment of the property on which the deck covered by the TimberTech settlement is located
• Documentation showing the type of decking, date of purchase and square footage of the TimberTech deck
• Still photographs that show the scorching, fading or blistering of the deck. Class Members must include photographs that show the entire deck as well as close-up images of the scorching, fading and/or blistering. The photographs should include a date stamp to indicate the date they were taken.

NOTE: You do not need to submit photographs if you are only submitting a request for labor reimbursement.

Claim Form

CLICK HERE TO FILE A CLAIM (PDF) »

Claim Form Deadline

3/16/2017

Case Name

Gornstein v. TimberTech Ltd., et al., Case No. 1:14-cv-12409-MBB, in the U.S. District Court for the District of Massachusetts

Final Hearing

8/4/2016

Settlement Website

www.RG2Claims.com/TimberTechSettlement.html

Claims Administrator

RG/2 Claims Administration LLC
TimberTech Settlement
Notice Administrator
P.O. Box 59479
Philadelphia, PA 19102-9479
(937) 655-5229
XLMClaims@CPGBP.com

Class Counsel

William Anderson
CUNEO GILBERT & LADUCA LLP

Defense Counsel

John A. Shope
FOLEY HOAG LLP