Michael A. Kakuk  |  January 18, 2017

Category: Consumer News

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rheem-carrierA 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

  1. Lucille Mcquarters says:

    This company is really really bad they need to stop selling there product and give refunds to everybody don’t. Buy a Rheem water heater I’m about ready to see who wants another class a tion we need justice

    1. Elite Prop says:

      Yes last 2!years 4 different water heaters have had issues and $ spent.

  2. Ms. Thompson says:

    My parents had a Rheem Air conditioning unit put in their house 4 years ago. And it is terrible. It doesn’t heat or cool the house. The heat doesn’t work during the day. And my parent are over the age of 80.

  3. Mick Machnik says:

    Please let me know if anyone has filed a class action law suit with a lemon law firm

    1. Cynthia Wells says:

      My unit is also dysfunctional. The repair costs are exhorbitant and the contractor draws out the work to extend the costs

    2. Kimberly Quick says:

      We have had problems with ours as well. It’s not even a year old and we have had them out here twice to fix it. We bought a Rheem in March of this year.

    3. PattyJean Dye says:

      I want to join this suit.

  4. Elizabeth Palma says:

    I am having trouble with my Rheem AC unit since my AC was put in 4 yrs ago they have been doing work on it since 4 months after it was put in. Black mold not tilted properly so it drains correct. I’m getting all kinds of BS from the AC company. They want to put in a blue light $1500+, an acid bath $300+

  5. Elizabeth Palma says:

    I am having trouble with my Rheem AC unit since my AC was put in 4 yrs ago

  6. Sherie lenn says:

    Got a rheem have heat pump only 5 years old the compressor when out 2 years in a row and I got to pay labor for their defective part not right

    1. Dee martin says:

      My daughter purchased a Ruud heat pump split system in 2019 and it hasn’t worked right. The person who sold her came out only 2 times and charged her both times. I told her it has a warranty on that heat pump. Person said it has no warranty. Heat pump not working now. They have no heat. My daughter, our grand daughter and 2 great grandsons 3 and 6 months staying with us because person she purchased heat pump from will not come out and fix it. Timothy snodgrass,
      I am contacting better business for her , I think it is pretty sorry of a company that don’t honor their warranty

      1. Anthony Mark Bell says:

        Hi Dee, I have been in the same boat with your daughter, & grandkids! I bought a Ruud 4 ton 14 SEER package unit, heat pump in July 2017. That piece of Junk has been breaking down since it was 8 months installed. Several condenser fan motors, several capacitors for the compressor, & evaporator blower motor! It has never heated my home, in winter. I have had to buy space heaters! Now, I just purchased 3 Window AC units, for Summer 2022, with a less than 5vyr old Ruud Heat Pump in my home! There has NEVER been a Warranty to honor any replaced part, plus I have paid Service fees, upon ever repair! It has broken down at least 8 to 9 times in 4.5 years! It has NEVER run correctly, after using 3 different Thermostats!
        BUYER BEWARE of RUUD/RHEEM Heat Pumps!

  7. Paul Spizzirri says:

    There is a different problem with Rheem water heaters. They outsourced the gas regulators on their water heaters, and they are failing at an alarming rate. Our water heater is 13 months old and costs $1800. The regulator failed which caused the gas to shut off, so the pilot turns off / goes out. They had to replace the regulator at a cost of $366 today. This is not covered by Rheem’s manufacturer warranty. The plumber says that he is performing the same repair three to four times every week for different homeowners.

    Rheem is aware of the defect and has changed vendors for the gas regulator. However, it is refusing to repair the defect under warranty or recall the water heaters. If one plumber is making $1,464 per week fixing Rheem water heater gas regulators in Marietta GA, this could be a very large class action.

    1. Elizabeth Sellers says:

      We purchased this water heater a week ago and is having problems with the pilot keeps going out, the plumber came out several times to fix it we are still having this problem

  8. Susan Fullerton says:

    We have a Rheem AC unit that exploded the day before yesterday. They are saying they will replace the unit but not the refrigerant and pay for labor. Is it our responsibility to cover these things all lost because of their defective product?

    1. Susan Fullerton says:

      Oh and it was just under 3 years old. Right after the warranty expired for labor.

  9. Stephen Kegler says:

    I had a Rheem water heater installed in January 2021. June 2021, thr water heater went out. The sent a replacement valve and replacement polit assembly before replacing the water heater. Had the water heater replaced in July 2021, on month after original water heater failed. By August 20th, the replacement water heater failed. I literally had no hit water the whole summer. We are now heading into the winter months??

  10. Jaime Jauregui says:

    I have been suffering with this unit. I am upset at Home Depot for selling such low quality products. I am about to pull this unit out and take to Home Depot for my money back. Rheem won’t do nothing about fixing this, only sending me part after part charging my expedite fees. This is the third time water heater has stopped working. A smell gas now so feel this unit is a danger to my family and home. Sign me up to put this company out if business for selling crap like this.

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