Rheem, Carrier Class Action Says Heaters are Defective

A class action lawsuit was filed against Carrier Corporation, Rheem Manufacturing Company, and Nortek Global HVAC, asserting that several of the heat pumps and air conditioners made by these companies are defective.

In essence, the complaint alleges that electric heaters used by these devices do not have a “non-self-resetting thermal cutoff,” a safety feature that stops heating elements from getting too hot and starting fires.

According to the class action, “Heating elements can reach hazardous temperatures (greater than 2000°F) and ignite fires during certain foreseeable and intended conditions of operation, such as, inter alia: inadequate airflow, excessive supply voltage or short circuits from physical damage.”

The Carrier, Rheem, and Nortek class action also names Tutco, Inc., Warren Technology Inc., and Nova Coil Inc., for making the defective heaters used by the HVAC companies.

The complaint states that “national safety standards specifically require that unitary electric heaters incorporate non-self-resetting thermal cutoffs,” but that the heaters made and used by these Defendants did not have this critical safety component.

“These Defendants have engaged in the sale and distribution of defective and unreasonably dangerous heaters and HVAC equipment by deceit and false pretense, for profit,” the class action asserts.

Also named as part of the conspiracy and as Defendants in the lawsuit are Underwriters Laboratories and Intertek, both “nationally recognized certification laboratories that are accredited to certify product compliance with applicable safety standards.”

The complaint contends that the certification labs falsely certified the heaters and HVAC systems from the manufacturing defendants.

After reviewing a unitary heater, Underwriters Lab or Intertek allow manufacturers to stick “product safety certification labels” onto the devices. The class action argues that those certification labels are a “direct representation” to consumers that the heaters meet minimum safety requirements.

Except that the manufacturers have made “thousands” of unitary heaters, air conditioners, and heat pumps without the necessary non-self-resetting thermal cutoff.

The class action alleges that plaintiffs Darren Koski, Jeffrey Yunis, John Cummins, and several others purchased defective heating units.

The complaint argues that the plaintiffs were harmed because the HVAC equipment they purchased was “unreasonably dangerous and unfit for the intended use, and less valuable than the heaters and HVAC equipment would have been had these Defendants’ representations been true.”

The defective air container lawsuit request certification of two Classes, of all people in the U.S. “who own or purchased a central air conditioner, air handler or packaged terminal air conditioner (PTAC)” made by Carrier, Rheem, or Nortek, or who purchased a unitary electric heater made by Carrier, Rheem, Nortek, Tutco, Warren, or Nova Coil and that “does not incorporate Fail-Safe Cutoffs and has a product certification label from UNDERWRITERS LABORATORIES or INTERTEK.”

The class action seeks damages under consumer protection laws, as well as injunctive relief requiring the Defendants to notify customers of the defective heaters and repair them.

The plaintiffs are represented by Domingo C. Rodriguez of Rodriguez Law Firm LLC.

The Carrier, Rheem and Nortek Defective Air Conditioner Class Action is Darren Koski, et al. v. Carrier Corporation, et al., Case No. 1:16-cv-25372, in the U.S. District Court for the Southern District of Florida, Miami Division.

UPDATE: The Rheem, Carrier, and Nortek Class Action Lawsuit was dismissed on September 28, 2017.  Top Class Actions will let our viewers know if any similar class action lawsuits are filed in the future.