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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
No check here either. Claim submitted with photos a year ago. Still waiting…
I have Pella Smart Sash III windows and submitted my claim over a year ago after receiving notice of the class action. I just received notice I have to prove I purchase the windows and they are not covered by the class action. The Pella windows are listed in my house bid and contract but the builder did not give us a receipt from Pella.
I imagine I can approve the windows were purchased, but are the Pella Smart Sash III included in the class action.
We purchased 2 Architect Series slider doors in 2011. Cost including install was $10,200.00. Beautiful doors to look at. Unfortunately, we now discover they have been leaking. Damage to oak floors, damage to downstairs ceiling. Who knows how much rot and mold there might be. But, here is the kicker. Pella is charging us $540 to repair their defective doors which are just 8 years old next month. Charge they say is for labor. Told me I was lucky that I was getting the materials ($4K worth) for free!! Of course, they don’t want to talk about the water damage. I pushed back on the labor charge telling them that there would be no need for labor or parts if the doors were not defective. Now they have cancelled my appointment to repair the doors and want to be paid up-front for the labor before they schedule the work. Can they do this? Nice to see this $35 milliion dollar judgement against them; but, clearly they have not learned their lesson. I just spoke with them today, 17 July 2019.
What can I do to take advantage of this suit? I have only Pella windows in my house that have ROTTED out. I have received NO documentation from Pella noting there was an issue. Please contact me. Thank you!
I think a large protest at pella corp with local and national news crews will change pellas mind.
I am fired up and ready to go. Lets get the word out on the internet and give pella some advertisement.
We have a whole house of bad windows with wood rot and sealant oozing out of them. I never knew about this lawsuit. The seal is gone on every window. We purchased them in 2001.
Me either!
Don’t buy wood windows. Get fiberglass!
I have not heard anything about my claim I filed yet either. Our windows have blinds in between them and now due to the moisture I am having black mold growing on our wood and starting on the blinds. I guess I’m going to need to get an attorney before it starts effecting our kids health.
I have eight floor to ceiling casement windows that are totally rotten. Installed in 1998 haha the paint held up longer than the windows. Pathetic!
We have not received a check for anything.
I submitted all the forms and photos about a year ago but have heard nothing. When will we be advised on this? thanks
I filed last year and have not heard anything from the lawsuit. I had written to Pella within the first year of having my windows installed and some woman wrote me back saying that it was because of high humidity. Bullshit. I even sent this with the lawsuit.
Where and when we will see any results from the settlement is really in question. Guess our good lawyers have to get their part first then divy out what is left to the consumers who got cheated.