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A class action lawsuit was filed against Carrier Corporation, Rheem Manufacturing Company, and Nortek Global HVAC, asserting that several of the heat pumps and air conditioners made by these companies are defective.
In essence, the complaint alleges that electric heaters used by these devices do not have a “non-self-resetting thermal cutoff,” a safety feature that stops heating elements from getting too hot and starting fires.
According to the class action, “Heating elements can reach hazardous temperatures (greater than 2000°F) and ignite fires during certain foreseeable and intended conditions of operation, such as, inter alia: inadequate airflow, excessive supply voltage or short circuits from physical damage.”
The Carrier, Rheem, and Nortek class action also names Tutco, Inc., Warren Technology Inc., and Nova Coil Inc., for making the defective heaters used by the HVAC companies.
The complaint states that “national safety standards specifically require that unitary electric heaters incorporate non-self-resetting thermal cutoffs,” but that the heaters made and used by these Defendants did not have this critical safety component.
“These Defendants have engaged in the sale and distribution of defective and unreasonably dangerous heaters and HVAC equipment by deceit and false pretense, for profit,” the class action asserts.
Also named as part of the conspiracy and as Defendants in the lawsuit are Underwriters Laboratories and Intertek, both “nationally recognized certification laboratories that are accredited to certify product compliance with applicable safety standards.”
The complaint contends that the certification labs falsely certified the heaters and HVAC systems from the manufacturing defendants.
After reviewing a unitary heater, Underwriters Lab or Intertek allow manufacturers to stick “product safety certification labels” onto the devices. The class action argues that those certification labels are a “direct representation” to consumers that the heaters meet minimum safety requirements.
Except that the manufacturers have made “thousands” of unitary heaters, air conditioners, and heat pumps without the necessary non-self-resetting thermal cutoff.
The class action alleges that plaintiffs Darren Koski, Jeffrey Yunis, John Cummins, and several others purchased defective heating units.
The complaint argues that the plaintiffs were harmed because the HVAC equipment they purchased was “unreasonably dangerous and unfit for the intended use, and less valuable than the heaters and HVAC equipment would have been had these Defendants’ representations been true.”
The defective air container lawsuit request certification of two Classes, of all people in the U.S. “who own or purchased a central air conditioner, air handler or packaged terminal air conditioner (PTAC)” made by Carrier, Rheem, or Nortek, or who purchased a unitary electric heater made by Carrier, Rheem, Nortek, Tutco, Warren, or Nova Coil and that “does not incorporate Fail-Safe Cutoffs and has a product certification label from UNDERWRITERS LABORATORIES or INTERTEK.”
The class action seeks damages under consumer protection laws, as well as injunctive relief requiring the Defendants to notify customers of the defective heaters and repair them.
The plaintiffs are represented by Domingo C. Rodriguez of Rodriguez Law Firm LLC.
The Carrier, Rheem and Nortek Defective Air Conditioner Class Action is Darren Koski, et al. v. Carrier Corporation, et al., Case No. 1:16-cv-25372, in the U.S. District Court for the Southern District of Florida, Miami Division.
UPDATE: The Rheem, Carrier, and Nortek Class Action Lawsuit was dismissed on September 28, 2017. Top Class Actions will let our viewers know if any similar class action lawsuits are filed in the future.
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65 thoughts onRheem, Carrier Class Action Says Heaters are Defective
My neighbor and myself purchased new Rheem ac split system 2017 both units are beyond repair after costing us almost enough to purchase a new one in repairs just for the labor
I have a Rheem install 2016 and it has died already. The compressor has gone out which should have been warranted for 10 years and now I have to look for a whole new system. A waste of money.
Purchased a Rheem package unit about 4 years ago. In June I had to replace both Fan Motors. This week the ac stopped cooling and a different AC company was called. They found the metering unit was bad. He was able to get it working and then insulated it. The AC company has one on order and will come back to change it out. Both motors and the metering unit are covered by the warranty but I will have about $2000 in labor. My last ac was a Lennox and lasted 24 years with just a burnt wire and 1 fan motor after 15 years. Rheem is a weak product.
I have a Carrier geothermal unit that has been problems since day 1. It was installed in 2016. A few weeks ago, it needed a compressor. Now it needs a thermal expansion valve. Hot summer, no air conditioning. I spent a lot of money on it. Carrier is crap!
I installed a 3.5 tom Rheem heat pump recently . The outside unit stopped. Called technician no Freon nothing zero zilch . We filled it with Freon lasted 2 days. We called the company they said you system is out of Warrenty . We installed in 2016. I have seen old career system last 30- 40 years. Now I have to change the system after 7 years with these outrageous new process
My son overdosed on retinal 3 yrs ago not losing the heroin was cut with fetinal. Is there a class action suit against doc who sobsribe opiates to patients and the pharmacsutical companies for his and my loss of my oldest son who was a welding engineer sincerely Gilbert Godinez
We purchased a Rheem air conditioner package 4 years ago. It”s serviced three times in the past 4 years we no longer have air it will not work. The coils keep freezing up the unit is clean and maintained it’s a total mess we’ve been told that there’s no freon in the unit and how is that?
We have a second service man coming out when I get an update I’ll let you know
We purchased a dual Rheem system (1 for upstairs 1 for downstairs) 4 years ago and every year we have had a problem with either 1 or both of these units. It has been everything from coils freezing up, water backing up into the pan, no freon (2 years in a row due to a leak) and 2 compressors replaced (we are waiting for 1 now which is tripping our breaker due to outside unit not working). It has been a nightmare!! Not to mention a HUGE strain on the wallet!!! Something needs to be done about this company and the crooked ways they are building their products and doing business.
I have two services calls and parts replaced on Rheem gas heater. A call to service takes two hours and get routed and hold two times each time for more than one hours without saying anything. If there is a class action on Rheem, let me know and count me in.