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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
Called the Settlement Claim number: 866-658-6764 on 12/4/19 and spoke with Nicole who told me they were still processing missing data on claim forms that were submitted before the 9/17/19 deadline. I called the number again today. Now, the call redirects to an international call center answered by an agent with poor English speaking skills. The phone connection today was very poor with brief interruption periods and the voice cutting in and out.
Unbelievable the run around we are getting from Pella with no interaction from them and no checks. I use to think they were a good company but would never buy from them again.
So, I just found this as all of my Pella sliders (8) are rotted and/or defective and was looking to replace.
I had no idea this was a common and known issue. The class action is now closed and it doesn’t appear to have been useful anyway. Is there no compensation for this??
I am also in the same situation and following this to see if anyone will reply.
In 2009, I had to replace two windows 10 years after they were installed. What the company told me that the warranty starts as soon as the installation happens. So the windows were out of warranty.They did give me a discount on the two windows. Now I have two more windows that have failed.
I complained in writing to the Pella corporation after the windows were installed within a year and got the run around.
We filed the lawsuit in a timely manner and we just received a pittance of what replacement windows will cost. We received less thabn $2,000.oo dollars.
Our 21 decaying windows which cost us around a ton of money then because they were supposed to be top of the line .
I supposed the bulk of the money from settlement went to lawyers who filed this suit. The little man/woman always gets scre**ed .
In the letter the lawyers even tell me not to contact Pella, or the courts about the “settlement”. I guess they don’t want them to know how dissatisfied we are with the “settlement.”
We need to buy American goods now but this is one company to steer clear of. Customer should come first let other people know not to buy this product.
Has anyone ever heard anything about the settlement or any new settlements. I paid for Pella to come to my house and look, but now, nothing. I bet that was just a waste of money.
The last time I called, I was told that there was over 3000 cases to be settled and i would be notified. I am still waiting. It has been over 2 years. I am out over $15,000.00 in replacement windows.
If there were 3,000 cases then each person will receive around 1,500.00 dollars. then that is a whole lot less paid out than the $26,000,000.00 settlement paid out by Pella to the lawyers.
Unfortunately you will not get 1/15th. of what you paid for the windows back under this settlement agreement if you are lucky.
Good luck.
We filed a claim with a Chicago law firm that has constantly told us that “these things take a long time” and we should be patient. We have replaced $25000 worth of casement windows, threen entry doors, two large picture windows and more are showing mold growing between the panes and will have to be replaced. All of this is Pella product. Further, the Pella slider in our master bedroom leaked terribly causing such extensive rot that we had to sister floor joists, and replace the entire end wall. The wood frame actually had a machined square hole in it in one corner allowing water to flow in and out causing all of the rot. The contractor that completed the fix was first class and used to be a Pella installer. He will not recommend Pella products even prior to working on our job. Thus far we have had no satisfaction with the law firm representing us and are told year after year, month and month to be patient. I have survived myelomonocytic leukemia, Non Hodgkin’s Lymphoma and currently have T-Cell LGL. I can’t live with mold in my windows; it poses a huge health risk. This coming month of March, 2020, I commence treatment for a corrupted immune system. All these health issue have dried up our savings and we’re teetering on the edge of having to sell our house to survive. If we could only get satisfaction from our window problem that would help.
Has any of the money been paid out on the Pella Class action lawsuit? Does anybody know? Does anybody read this? Somehow I bet the lawyers got there money?
I have been wondering and asking the same thing!! I’ve reached out to classactionrebates.com Q&A also and not heard a response from anyone.
I’m waiting also…it seems We all would have a right to know what’s going on. I understand a waiting period, but it’s going on a year since it settled and my windows aren’t getting any better.
This Pella lawsuit is a judicial DISGRACE! Worst damn process I have ever seen. This isn’t justice this is state sanctioned ignorance and stupidity. I don’t know who is worse the law firm or the judge. This is the eternal case from hell! All the litigants will be dead and the money will go back to pella!
If normal businesses ran their operations like this the economy would be like the coronavirus shutdown, hard working Americans laid off and the economy rotting. The legal system needs some serious reform, too incompetent, too ineffective…too SLOOOOOOOOOOW!
Yep We received a $1,700.00 check yesterday. WOW!!!!!! Big settlement!!!!
We were also directed NOT to contact the Pella Corporation or the Court that agreed to the settlement. Isn’t that illegal for them to put a gag order on us??
I totally do not agree with this settlement.
I like all of you got screw*d by Pella and this law firm.
When are checks being distributed for this settlement?
when are checks being sent out
Awaiting response to my claim sent on August 23, 2019 and received in Louisville, KY on August 26, 2019
Please advise.
RKJ
I mailed a lot of documents for proof of (7) Pella Windows damage for this settlement costing me postage. When will I receive my settlement check?
What is the settlement. How much do I receive? When are the checks being distributed? I think the attorney General needs to get involved with this case. It has been dragging on too long, with no contact from anyone.