A federal judge has preliminarily approved a class action lawsuit settlement with Pella Corporation over allegations its ProLine series of windows are defective and allow water to seep in and rot the surrounding wood. Homeowners that have or had a structure containing Pella ProLine windows, casement or awning manufactured between 1991 and 2006 can receive a cash payment of up to $750 per structure, in addition to other class action settlement benefits.
The Pella ProLine settlement will resolve a 2006 class action lawsuit, titled Saltzman, et al. v. Pella Corp., et al., that alleges the windows contain a design defect that allows water to seep behind the aluminum cladding and cause wood rot. Many of these windows are no longer under warranty, so the class action lawsuit is hoping to remedy the losses Pella window owners suffered as well as to extend the ProLine windows’ warranty.
Pella denies any wrongdoing and maintains wood rot can be caused by many different reasons other than a defective window design, but has agreed to a class action lawsuit settlement to resolve the litigation.
Class Members of the Pella ProLine window class action settlement include all persons in the United States who are current or former owners of structures containing Pella ProLine brand casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2006.
Class Members can receive the following benefits under the Pella ProLine class action lawsuit settlement if they have suffered past water-related damage, current water-related damage, or suffer water-related damage in the future (up to 15 years after the Date of Sale) to the finishing on the window or to other property surrounding the window:
Cash Payment: Receive up to $750 per structure that contains/contained the eligible Pella ProLine products if you file a valid Claim Form no later than July 23, 2013.
Discount/Reimbursement: If you paid for repairs made prior to December 10, 2012, you can file a Claim Form to receive certain benefits for unreimbursed repairs or replacement of the window(s), including certain discounts and cash reimbursements. Details of what you can get are covered in Section 11 of the Pella ProLine Settlement Notice.
Arbitration: If you feel you are owed more than the class action lawsuit settlement if offering, you can see payment for unreimbursed expenses by entering a court-approved arbitration process. The maximum award available in the arbitration is $6,000 per structure. Class Members will not have to prove a window defect but will have to prove that the “defect” caused the damages for which they are seeking compensation for. The deadline to apply for arbitration is July 23, 2013.
All Claim Forms and Arbitration Forms, together with supporting documentation or information, must be mailed and postmarked no later than July 23, 2013.
Claim Forms and more information on your rights in the Pella ProLine Window Class Action Lawsuit Settlement can be found at www.WindowSettlement.com. Detailed instructions on how to file a claim can be found in our Open Lawsuit Settlements section.
UPDATE: On June 2, 2014, the 7th U.S. Circuit Court of Appeals overturned the Pella window defect class action settlement after finding that its terms were “scandalous” and unfair to Class Members.
UPDATE 2: On Feb. 8, 2018, after years in court, Pella Corporation agreed to pay close to $26 million to settle a class action lawsuit that alleged a line of its windows leaked and caused wood rot.
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2 thoughts onPella ProLine Window Class Action Settlement
I buiilt a home in 2001 and used Pella Pro Series casement and fixed windows windows. Several have rotted out sections at the bottom. Just learned of the class actions suit. What do I do now?
UPDATE: On June 2, 2014, the 7th U.S. Circuit Court of Appeals overturned the Pella window defect class action settlement after finding that its terms were “scandalous” and unfair to Class Members.