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Goodman Global Inc., the second largest HVAC manufacturer and distributor in the United States, has requested that a class action lawsuit it is facing be removed to federal court, indicating it may face up to $803 million in damages for the alleged sale of defective air conditioning units.
The lead plaintiff, Robert Kotsur, initially brought the Goodman air conditioner class action lawsuit in Bucks County Court of Common Pleas in Pennsylvania, alleging that Goodman’s air conditioners were defective. Kotsur alleged that the evaporator coils and heat pumps in his Goodman air conditioner unit leaked, and Goodman had been aware of the problem in all of its units since 2007.
“Goodman knew that the evaporator coils in the Goodman Units sold since 2007 were defective because the evaporator coils in these units were failing at rates that far exceeded the industry average. In addition. Goodman has received, and continues to receive, complaints from consumers and HVAC dealers, technicians, and contractors that its Goodman Units sold since at least January 2007 contain defective evaporator coils that improperly and prematurely leak refrigerant,” the class action lawsuit says.
Kotsur brought claims against Goodman for breach of express warranty, breach of an implied warranty of merchantability, violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and unjust enrichment.
Goodman notes in its removal notice, “(1) there must be diversity, which occurs when any member of the class is a citizen of a state different from any defendant; (2) there must be 100 or more class members; and (3) the amount in controversy must exceed $5 million.”
As an initial matter, Goodman points out that “[Kotsur] seeks to represent a Class of supposedly similarly situated people on a statewide basis” and “[Goodman’s] Texas and Delaware citizenship clearly diverges from Plaintiff’s Pennsylvania citizenship.”
Second, “The requirement that the number of class plaintiffs must exceed 100 … is easily demonstrated by Plaintiff’s assertion that ‘the class is comprised of at least thousands of members geographically dispersed throughout the Commonwealth of Pennsylvania.'”
Finally, Goodman notes that Kotsur claims to have spent $2000 attempting to remedy his allegedly defective air conditioner unit and seeks to represent a Class of individuals who purchased Goodman air conditioning units in Pennsylvania since 2007.
According to Goodman in it’s Notice of Removal, this would amount to $803 million in damages. Goodman also points out the diversity of the class that would be represented in this class action.
“Sales records from 2007 through 2013 show that Goodman sold 391,313 residential air conditioners in Pennsylvania, which were used for personal, family, or household purposes,” Goodman states, and, “if each air conditioner is defective and there are potentially 391,313 Class Members, the amount in controversy would exceed $803 million.” Goodman also points out that “[m]oreover, Plaintiff also seeks attorneys’ fees, which must be considered as part of the analysis and would further increase the amount in controversy.”
The U.S. Judicial Panel on Multidistrict Litigation declined to centralize six putative class action lawsuits in December 2013.
Kotsur is represented by Jonathan Shub of Seeger Weiss LLP, Jonathan Tycko and Lorenzo Cellini of Tycko & Zavareei LLP and Gary Mason and Monica Bansal of Whitfield Bryson & Mason LLP.
The Goodman Air Conditioner Class Action Lawsuit is Robert Kotsur v. Goodman Global Inc., et al, Case No. 2:14-cv-01147, in the U.S. District Court for the Eastern District of Pennsylvania.
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33 thoughts onGoodman Air Conditioner Class Action May Cost $803M in Damages
Reopen the case. I have had problems with my coil in the unit paying multiple times for it to be recharged because currently the coil can not be replaced because they are on back order. The only way to have AC right now is to pay out of the pocket for coolant and service call. Goodman will not replace the unit even knowing it is a problem with the coil. All units should be replaced by Goodman or refunds so that the customers can replace them with a different company of their choice. GOODMAN KNOWS THE COILS WILL FAIL AND OFFERS NO HELP TO THE CONSUMERS WHO PUT THEIR TRUST IN THEM.
This needs reopened – it’s obliviously an issue and Goodman knows it!
Central Indiana resident with 3ton Heatpump unit having the same issues! Bought the house 3 years ago (house is less than 10 years old) and like clock work every 6 months the system needed charged. Replaced the inside coil twice (once under warranty, second not under warranty) Outdoor coil now has a leak, not 6 weeks after replacing the inside coil.
These units are an absolute piece of junk and everyone in the industry knows it. My technician said it’s almost comical how often they are replacing these things. I’ve decided to replace the entire unit with a Bryant system. Out of pocket I’ll be out upwards of 8-10K
Horrible, horrible, units – don’t buy unless you want to fork out a lot of cash and be nothing but frustrated.
We’ve had issues with our AC unit, we bought our home in 2010 brand new home and 3 later we had to fix, every summer since then we’ve had a tech come out and add freeon but really never worked I thought properly, this year we started having issues again likevin the past, we had a tech come out took a look at it and said it was irreparable, it was leaking the freeon. It’s very pricy to replace the entire AC unit, I’m on northern CA and it gets pretty hot up here. The AC is goodman and would like to know if there’s anything we can do about this. I don’t think this is something that should be happening. Can you please get a hold of me ASAP.
I reside in Georgia and had a Goodman unit installed in March, 2012. That being said, my installer has been to my place for various repairs a dozen times in the 4 year span. Tomorrow will be the 4th visit since March of this year. After numerous calls to my installer he stopped in two weeks ago and stated my Freon was low and he added 2 pounds. Two days later the unit is blowing hot air and after two weeks waiting for a return call, the repair man stopped in yesterday and told me I need a new coil. Although the coil is covered under warranty, I did not expect the Freon and labor costs and it has set me back a good bit. If anyone is aware of a Class Action Lawsuit pending please let me know as this has cost more time and money than I ever expected. Its pretty bad when you cannot go home due to the 90 degree indoor temperature.
Did anyone ever respond to you? I am in Georgia as well and have had more service calls and issues than I can type out here and am now being told I will need a complete new unit. We have had problems since we built our house 10 yrs ago… from the very first summer. Wanting to know if anyone is compiling info on those of us in Georgia!
Thanks,
Kim
I’m in Virginia, is there some sort of similar suit here? Five years ago we had both units in our house replaced with Goodman units and have had nothing but problems since. Constantly leaking refrigerant from both units, coils replaced inside and out, main board on basement unit burnt and replaced. The basement unit has been almost totally rebuilt part by part. Had a new repair guy out last week for the attic unit and it took seven pounds of refrigerant! Both winter and summer we’ve had failures. To top it off, the installer, who we also had a maintenance plan with went out of business last year with no notifications! Thirteen and half grand for total junk. I’m a retired firefighter retired on disability and this has hammered us. Any help?
my Janitrol ( Goodman) only lasted 7 years with 3 major repairs in that time span. The last one A coil developed a leak and spewed out all r-22. 3500.00 new + 1300.00 in repairs / 685.00 , a year .. Goodman needs to pay out, I did.
goodman a/c 3 ton unit has been a problem with leaking freon since new, contacted goodman several times with just getting the run around. installer gave up on repairs,evaporator is leaking freon. premature failure of unit at 6 mo. old, when issue occured.
I am on my second unit and this past weekend I have had water get under my brick pavers, which are now going to pop up due to water damage, and I have had to tear out carpet in my bedroom due to water damage. Reason for all this, coils freezing up and at the start of summer we had to call a/c guy to put Freon in unit. After this visit,4 months later from filling up Freon, installer put 4 pounds of Freon. I would like to be contacted to get involved. Not only 2 units but we have serious floor damage now….
Both of my condenser units leaked and finally failed after being refilled for 2 years. They both had to be replaced after 3 1/2 years after costing me for many service calls.
My unit has never worked very well. I’m not sure as to all the problems.