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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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97 thoughts onPella Reaches $26M Window Defect Class Action Settlement
Add me – this happened in Kansas also!
Sharon Fisher
Lowes is sullying their reputation by continuing to carry the inferior line of Pella windows.
Lowes customers and shareholders should take note.
Condensation on 4 of my 24 windows I purchased. And charged me a small fee to replace them. How’s that for service
Second Post: “Why Pella Won”: If The GM ignition switch law suit was limited to Chevy Impala’s because the person filing the claim was driving a Chevy Impala, GM would have won. So how does Pella get to limit the Rotting Window claim to Proline Casement windows when all the Proline windows had this problem. Pella Lawyers out smarted the fraudulent Saltzman law firm right from the start and it carried right through to the final agreement. Wish I know how to contact the Honorable Sharon Johnson Coleman who has to certify this lawsuit! Just maybe “Top Class Actions” can help with that!
We purchased these windows for our home in 2004. The very first year we had problems with these windows with condensation and ice on the low part of the window. We contacted the company and got the usual comment, your home is new and dry wall must first dry out. Year two the same thing, took photos and the comments included humidity levels air circulation etc. Pella offered and installed new rubber caskets and hardware, the problem continued. Each time I would send photos and make calls, no one was willing to come to our home at the time the problems persisted. We are in year 14 and are looking into purchased new windows. We were never informed about the Class Action Suit as we would have joined in.
This settlement is a joke. Pella and Clifford law are the only ones who won. Although ALL Pella Proline windows had this problem settlement was limited to casement windows which are very easily replaced. I replaced all 14 of my double hung windows (not included) at a coast of over $22,000. The average settlement is expected to be $350 per claim. Clifford law got $9,000,000 (they have 50 employees, do the math)! The actual Pella payout was reduced form $90,000,000 to $26,000,000. This settlement is more fraudulent than the original one! Boycott Pella!
I have 43 of these windows! When the hell are we going to get our money? Lawyers mistakes and crookery along with whatever financial power Pella has been able to exert has stopped this process from going forward. What lawyers have no mistakes, and still been paid their fees, especially the one whose father-in-law who sent in a claim and he had no Pella windows in his house. There is more crap going on with the lawyers, Pella and the judges. Those of us who have been severely impacted by this should ask for Federal investigation of all parties involved in the crooked deal.
We purchased Pellston windows years ago, after about 2 years we noticed moisture and wood starting to rotate, we called paella and was told it was no doubt caused by the installation which is only covered for a year and that if they come out and it is not the window we would be charged. I said the hell with it. Today years later the wood is rotted on 3 of our windows
How do you claim to get some of the money?
We will let our viewers know as soon as the settlement is granted preliminary approval and the settlement website is available!
We have proline Pella Windows that have wood rot. Is this class action lawsuit for all proline windows or just casement?
It’s about time those A holes from Pella got what they deserved. This has taken years to resolve and many of us can’t even open our windows in our homes because they are so rotten. Don’t ever buy a product from Pella!!!!!