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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
Our windows are rotting and letting moisture in. We sent in a claim with pictures by last June. When I have called, the person stated it is still being worked out. Please let us know when is this is going to be settled.
Filed our claim and have never heard anything.
We filed the claim form back in 2017 and still have heard nothing. I contacted Pella several times via email throughout 2018 and no replies. I have 3 casements with rotted sashes but have not thoroughly checked the others.. How do l get these fixed/replaced?
I’ve been waiting for a settlement since the first filing. Then it was overturned by judge due to lawyers getting too big a cut. Now its been over 12 years windows have definitely gotten worse. No one cares about the homeowners its all about the money for lawyers. I even had to resubmit paperwork , pictures, serial numbers. I call once a week to the 800 # . Its same story every day. Mostly lies to suffice me . I put my windows in myself for cost 11000.00 dollars in 2006. Cost by Lowes to replace now 23000.00. I haven’t opened my 5’x5′ casement windows in 10 years. Pictures and proof available for anyone to see.
I submitted all of the claim forms along with photos of the damage by the deadline back in June and have not hears anything yet. When will this be resolved?
Have not hear a word from anyone… Filed papers in June?
What do I need to do?
We filed our claim by the dead line back in June and have not heard a word. Has anyone received compensation yet?
I have Pella Windows that have never been opened and the wood inside is literally rotting. Some of my windows are so high up that I didn’t even realize how bad they were! I built my home In 2003 and had leaking in the very beginning with my front large transom window. Now I can see the wood has rottened. What can be done? I was not able to meet any deadlines due to my health
Hello, What will be paid out in the Pellawindow class action lawsuit ? I heard there over 3000 that filed..What is your most current information about distribution as we head into this last week of September..Today is Sept,26. You guys are good.Thanks.
I submitted a claim after having repla end windows twice. They are still leaking. These are pella windows both times.
Will this cover their proline transom sliding glass doors also?
I have 1 6 ft sliding door that has been replaced twice since 1996 due to wood rot or leakage that has damaged the base panel because water was able to get behind the aluminum clad front facing.
I also have 2 9 ft sliders where ther is similar damage and should be replaced.
I hesitated do so due to my previous experience and Pella and there warranty
policy. Please inform me as to how to take advantage of this class action lawsuit.
Dont buy wood. get fiberglass.