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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.
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65 thoughts onRheem, Carrier Class Action Says Heaters are Defective
I have a rheem I have had to replace bothe inside and out ciols more than once and freonnumberouus times . This last summer 2019 I had to replace both coils because they both were leaking the inside 5 places and that was the second replacement for that unit. The out side had 4 leaks sole ciol was replaced before it had different parts replaced with freon added everyone summer since it was installed. Now it has broken down again outside unit. It needs to be replaced. The rheem people think they are doing me afair by saying they will replace it and cover half the cost. They should be replacing thecwhole until for free.
hOw do I get in on the class action suit for corroded coils.
I have a carrier unit installed on both my homes. The current home and within the community all have issues and currently there are 150 home owners and counting to support a classaction against the manufacturer, installers who now agree there is a manufacturing defect in the evaporator coil leaking water on a 4ton and 3.5 ton units and the builder itself for asking the sub contractor to cut corners to reduce the duct work. This is really pathetic as the whole community are facing this issue and there seems to be no class action attorney reaching out when all information and details are ready with us to justify as proof. I can be reached on cnplkart@yahoo.com
I’m going through this right now with Del Air with my Carrier unit. It’s going to cost me $2500 to just replace the evaporator coil. I’ve been going back and forth with them about this defective unit that they don’t want to admit is defective!
Rheem needs to step up and do the right thing by replacing all these faulty units at no cost. When I replace this money pit of a new ac/heat unit it will not be Rheem!
Warning: Don’t buy a Rheem
Purchase a Rheem water heater 40 tonnage January 18th today is February 18th one month. I start calling them 2 weeks ago spoke to so many different agent because the water heater is leaking it does not produce the heat that it’s supposed to be . I was told they’re going to be sending someone ;no one came but yet when you called their notation is saying something else I am so disappointed in the choice that I made this is one month ago I purchased the water heater
I need class action
About reheem water heater
Join part with gas pump
Quality not good
You need to do a class action for carrier central air conditioning coils the are rusting after 2 summer (6 months of use) coil rusted out leaked all coolant and had to be replaced at our cost. $700 -1200 carrier wont pay to fix it. There are many of us with the same story carrier is bad news
We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/.
We remodeled five years ago and right out the gate had issues with our Rheem unit. We upgraded when we remodeled or so we thought, in size and quality. We are now spending $600.00 for new coils. We have had issues every year since purchasing your product. Include us in your law suit! Poor quality and inferior product is an understatement!
John Potter
Unfortunately, this particular class action lawsuit was dismissed earlier this year. Please keep checking Top Class Actions for updates. We will let our viewers know if any similar cases are filed in the future.
I have had so many problems with my heat pump and many service calls . The condenser finally burned up and had to have a new one. Please count me in on a class action.
I bought a Rheem unit less than 4 years ago after being promised 10 years of worry-free use. I have had 5 service calls, parts replaced, freon leaks plugged, freon injected, etc… I am looking at a statement for $395 for the latest service call. The one before was $180. If there is a class action lawsuit, please count me in.
Me too!
Rhonda Stevens
Lerhonze@yahoo.com