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Pella Corporation will pay close to $26 million to settle a class action lawsuit that alleged a line of its windows leaked and caused wood rot.
In 2009, plaintiffs Kent Eubank, Jerry Davis, Ricky Falaschetti, and others, filed a class action lawsuit against Pella alleging that its ProLine windows were defective.
In 2012, a $90 million settlement was reached, but in 2014, it was overturned as inequitable. This week, a second, $25.75 million class action settlement was reached that will resolve the long litigation process.
Under the terms of the new settlement, Pella will pay $23.75 million to honor clams submitted under the first claims period, and will pay an additional $2 million to cover claims submitted in an extended claims period.
Pella Windows has reportedly agreed to pay separately for class notice costs and expenses, bringing the total designated funds to $34.75 million. Unclaimed funds will be returned to Pella.
Since the beginning of the settlement process in 2009, Pella has denied the allegations of the defective Pella windows class action lawsuit, and maintains that wood rot can be caused by many factors, and that rot is not necessarily indicative of the Pella windows being defective.
In a 2012 statement about the initial settlement, representatives from Pella stated that they were “pleased to have created a settlement framework that extends our existing customer support program with a claims process for older windows.” The company maintains that position with the current settlement agreement.
The Pella class action settlement agreement keeps terms for qualification fairly flexible, given the time it took to reach an agreement. Valid claims include either contemporaneous records of damage, or older photographs of existing damage.
The new settlement from the Pella ProLine Windows class action lawsuit covers consumers throughout the entry who purchased Pella ProLine aluminum-clad wood casement, awning or transom windows made by Pella between Jan. 1, 1991 and Dec. 31, 2009. Consumers who paid for repairs and replacements to their windows will receive compensation based on the amount they paid for their new window.
If the damage occurred within 15 years of their original window purchase, consumers will reportedly receive compensation equaling the total amount of their costs for the new window, installation, finish, and repairs. If the damage occurred 15 years or more after the windows were installed, consumers will receive compensation worth 25 percent of that amount. Consumers who have not yet paid for repairs will receive compensation to repair or replace affected windows, in comparable amounts based on the timing of the original windows’ damage.
Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.
The Pella window owners are represented by Shannon M. McNulty and Robert A. Clifford of Clifford Law Offices, George K. Lang of Lang Law Office, John A. Yanchunis and Marcio W. Valladares of Morgan & Morgan Complex Litigation Group, Joel R. Rhine of Rhine Law Firm PC, and Edward R. Moor of Moor Law Office PC.
The Pella ProLine Windows Class Action Lawsuit is Kent Eubank, et al. v. Pella Corporation, et al., Case No. 1:06-cv-04481, in the U.S. District Court for the Northern District Illinois, Eastern Division.
UPDATE: On March 23, 2018, the revised Pella ProLine windows defect class action settlement is now open. Click here to file a claim.
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96 thoughts onPella Reaches $26M Window Defect Class Action Settlement
I too have an entire house of Pella windows sadly. I have had rotting windows, windows that allowed debris in and around the sides and have been told every time that it’s not the window it is something else causing the problem. It’s the roof flashing, it’s condensation etc.. No actually it’s the window! I have replaced one sash to the tune of $800 that’s 1/2 of the window! I have another rotting now and they have offered to replace the bottom sash bc it is rotting. I told the Pella rep I’m calling Anderson. Actually, any other window would be better. I had builders grade windows prior and they held up better!
Only after I googled Pella reviews did I realize I’m not crazy and I’m not the only one having these issues. The service people speak to you like you have no reasoning skills. The window is rotting but it’s not the window. Purchase windows from ANYWHERE ELSE they’ll be a better value than Pella!
I installed 21 new Pella Proline Windows in May of 1993. At the time I was very proud of the purchase, fooled by their ubiquitous propaganda into thinking they were premium high quality windows on par with the best available. A number of years later we started noticing mold along the bottom wooden sash of two of the windows. Turned out this was caused, to our horror, by moisture/rain water infiltrating around the frame and they were starting to rot! They still are.
A little internet search proved that I wasn’t the only one experiencing this problem, evidently lots of homeowners were. I contacted a law firm in Highland Park, Illinois that was pursuing a class action lawsuit against Pella to compensate homeowners experiencing this same problem.f I provided this firm with information and that was the last I heard until January 14, 2015! I received an email from them informing me that due to a ruling by the 7th Circuit Court they would no longer be involved in the case. And that I should direct all future communication to Clifford Law in Chicago which I did. I also received an email from Clifford Law informing me that they had received my “intake” information and that they would be in touch if they need anything further. That was it! Nothing more from Clifford, Pella, the Court…anyone. I was never contacted about filing a claim…nothing further. So, I recently learned that this so-called “class action” was finally settled in 2018! For millions, which was imo warranted and completely appropriate.
These windows are not going to stop deteriorating. Unless they are all replaced or repaired, the problem will continue. I started out with two now I have at least 5 that need replacing. Homeowners (like my wife and I) with Pella Proline windows installed face a significant loss in resale value if they don’t bite the bullet and have them all replaced. Not to mention the substantial cost and inconvenience of replacement.
From what I’ve learned the case is closed and victims have no recourse at this point in time. Pella should be ashamed and so should the Courts for that matter.
ps…my neighbor’s house has the original windows installed in the ‘60’s. Not double paned but solid as ever. For what it’s worth…don’t buy Pella anything.
I also have Pella windows which are a epic failure of the sealant between the cladding and glass,the windows are leaking water from the outside glass in so my window sashes are rotted. My windows did not qualify for this law suit seriously they think they only have one faulty product. They feel that because the windows are over 20 years old they are supposed to do that!!! Really I financed the house for 30 years I would expect the windows to last at least that long, but even then I would not expect old windows to rot inside the house!!! Maybe loose energy efficency but not rot in the house. There is no excuse for us to have all paid that much for their product and then they fail like this. This company is crap and doesn’t deserve the kudos they get from companies like southern living and BHG.
I filed a claim in 2013 and have a claim number. I never had my windows replaced. Am I still eligible for free replacement?
I have had similar issues. Heard from Lawyers, submitted paperwork, never heard anything afterward, this was probably 10 years ago, I emailed them probably six months ago, email no longer exists. I originally went to Pella with my issue of rotting windows, they said warranty started when builders bought windows, not when house was built so they said I was a few months over my warranty expiring. Some windows are so bad now when open the screws have fallen out of rotted wood and I have almost totally lost the window.
My experience has been pretty much a slap in the face and a nightmare from hell.
We have received a notice of denied claim and strongly disagree with this decision and require thorough explanation for this as well as our claim to be, once again, validated. It is beyond belief to us as to how we could be denied a claim based on our late submission of supporting paperwork even though we were part of the original class action suit that started 14 years prior. We completed and submitted several claim forms all of which were accepted. Imagine the difficulties in trying to keep track of this situation for 14 years.
Additionally, what compounded the timeline of our submission was the lack of communication to us, the class action claimants. This was simply astounding in our mind that we constantly had to continually open communications with those that should be making us aware as to the status of the lawsuit. Websites were poorly maintained with a defiant lack of updated information. We applied this practice as best we could over the years this has dragged on and is the only reason why we found out a deadline was made for us to submit documentation to the NEW legal department/firm for our renewed acceptance into the lawsuit. We never received any notice by mail of any deadlines to submit such documentation.
During one our continued information gathering attempts, we found out that there was a deadline coming due. I knew I would need a substantial amount of time to gather all of the documentation required to include into the submittal. I called the legal firm directly who was in charge of receiving the documentation and asked specifically if it would be an issue or have any adverse impacts by receiving this after the deadline. The response I received was “No, I can see you were a part of the original law suit and as long as you explain why you might be late in submitting, you will be fine.” I took those words at face value and never thought we would be denied with all the VERY apparent damage we received to our structure and the abundance of documentation we supplied. Our 33 page document took time to prepare because we wanted to be as thorough as we could to ensure there was no doubt to our claim’s validity. It should have accomplished just that. We sent it by certified mail and this may have had an additional impact on the timeline as well.
I have additional documentation I can provide to demonstrate our attempts to gather information on statuses. During all of these, we never once were told we were going to be denied and therefore given any chance to further explain or justify the situation.
After 14 years of being put on hold and endless waiting, to be denied when the evidence of damage is so very obvious, is completely beyond belief to us at this time.
To any person thinking of buying Pella Windows , you are completely a idiot if you do, this is the biggest rip off in modern history!!! I spent 46 thousand on Pella in 2001 in my new house , all, whole house, ,I just got a quote today for ONE window..$.12,000…DO NOT BUY PELLA !!!!!!!!! One sorry excuse for a so called American Co. Till my last breath, I will do my best to Protest Them
I have problems with my Pella windows. House was built in 2007. How do I file a lawsuit to be compensated.
Got our check yesterday. Not even close to the cost to replace all of our JUNK windows! Will never buy Pella products ever again! I’m sure the attorneys walked away with fat pockets from this lawsuit. Not happy at all ?
Got a settlement check in the mail today. Its only about 8% of what getting new windows would cost. But frankly, I didn’t think I was ever going to see a conclusion to this, so I was kind of surprised.
Mike I got mine too and I had dang near given up. Let me just say thank you to Eubanks!! I built my house and 5 years later my windows were junk. I replaced them with upgraded Vinyl windows. The cost was significant. I spent a lot of time with documentation and filling out all the paperwork with both cases. I was very pleased with the amount I received!!! It was 33% of what I spent on the vinyl replacements. So thank you again Eubanks!!!
Called Customer Service number today requesting any information they might have regarding claim payment. Initially got long recording referencing website as information source; then got 5 options, last of which was referral to a service rep. The rep was pleasant enough but she gave the response that the latest info is online, the case is ongoing and there is no payment date or timeframe for payment. She checked on our claim and reiterated there is no specified time line for payments to be issued. Then she threw out a teaser….maybe they’ll be an update within the next month or so? I’ll believe it only when I actually see it…but it’s all I got and I felt I had to share.
i called today and received the same answers. no date has been set for payments and could not even say if my claim was good. will not tell you anymore than the old information on the web site is all they know