AZEK Decking Durability Class Action Settlement

Homeowners who purchased AZEK decking could get up to $2,000 under the terms of a consolidated class action settlement.

The settlement is the result of three consolidated class actions filed between October 2012 and January 2014 against defendants CPG International LLC and AZEK Building Products Inc., the makers of AZEK decking materials. AZEK decking is a PVC product designed and marketed for outdoor installation and use in decks on residential property.

The 11 named plaintiffs in these actions accused the defendants of misrepresenting AZEK decking as requiring little maintenance and only periodic cleaning. Plaintiffs claim AZEK decking is made of PVC that is vulnerable to photo and thermal degradation and therefore not suitable for outdoor use.

Exposure to sunlight, and particularly to ultraviolet light, caused the AZEK decking to undergo discoloration, the plaintiffs say. UV radiation also leads to “chalking,” a surface blemish that results from the release of chemicals within the decking materials. PVC decking exposed to sunlight eventually becomes brittle and more susceptible to scratching and impact damage, according to the plaintiffs.

Despite these shortcomings, plaintiffs say, the defendants allegedly promoted AZEK decking as being able to retain its appearance in outdoor applications better than wood and composite decking.

Based on these representations, the defendants allegedly charged a premium price for AZEK decking over and above competitor products. The named plaintiffs say they paid between $4,200 and $18,500 for their AZEK decking.

In February 2014, the federal Judicial Panel on Multidistrict Litigation consolidated the AZEK decking class action lawsuits into a single multidistrict litigation to be conducted in a federal court in New Jersey.

Under terms of the AZEK decking settlement, Class Members who submit timely, valid and documented claims can receive a partial reimbursement for the purchase of their AZEK decking. Settlement payments may be adjusted to reflect benefits already provided to the claimant, such as prior refunds or replacement products.

Class Members who want to be excluded from the settlement or object to its terms must file a written request by Dec. 15, 2017.

Who’s Eligible

The settlement Class covers all current U.S. residential owners of AZEK decking who purchased the decking between Aug. 1, 2007 and Dec. 31, 2012 and who still own the property on which the deck is located.

Potential Award

Up to $2,000.

Qualifying Class Members can receive a reimbursement worth 10 percent of what they paid for their AZEK decking, exclusive of labor and installation costs. Payments may be reduced to reflect previously-provided cash refunds, replacement decking, professional cleaning or conditioning, or bottles of DeckMax deck cleaner.

Payments are limited to $2,000 per claimant. Only one claim will be paid per residential property.

Proof of Purchase

Claimants must provide proof of ownership of the property where the AZEK decking is located, photographs of the decking, and either proof of purchase or a completed Seller Verification Form.

Each of these types of documentation must meet several specific requirements. See the Claim Form for full details.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

4/17/2018

Case Name

In re: AZEK Building Products Inc. Marketing and Sales Practices Litigation, MDL No. 2506, Civil Action No. 2:12-cv-06627-MCA-MAH, in the U.S. District Court for the District of New Jersey

Final Hearing

2/20/2018

UPDATE: The AZEK Decking Durability Class Action Settlement was granted final approval on April 13, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.AZEKDeckingSettlement.com

Claims Administrator

AZEK Decking Settlement
c/o Dahl Administration
P.O. Box 3614
Minneapolis, MN 55403-0614
1-855-229-7149
info@AZEKDeckingSettlement.com

Class Counsel

James E. Cecchi
Lindsey H. Taylor
CARELLA BYRNE CECCHI OLSTEIN BRODY & AGNELLO PC

Christopher A. Seeger
SEEGER WEISS LLP

Jonathan Shub
KOHN SWIFT & GRAF PC

Defense Counsel

Paul A. Williams
Holly Pauling Smith
Molly S. Carella
SHOOK HARDY & BACON LLP