The Lawsuit was filed against TimberTech Ltd. (“TimberTech”) and CPG International, Inc. (“CPG,” and together with TimberTech, “Defendants”). Among other things, the Lawsuit alleges that TimberTech XLM Mountain Cedar decking sold on or before August 31, 2010 and XLM Desert Bronze sold on or before November 1, 2011 is subject to a defect that can cause the decking to, among other things, scorch (i.e., blacken) or fade (i.e., whiten) or manifest a surface film (i.e., blister). The Lawsuit asserts a variety of claims against Defendants concerning the purported defects.
Defendants deny any wrongdoing and any liability whatsoever, and no court or other entity has made any judgment or other determination of any liability. To view a copy of the complaint in the lawsuit, click here.
If the Court approves the Settlement, the Settlement Class will include all persons in the United States who own XLM Mountain Cedar purchased on or before August 31, 2010, or own XLM Desert Bronze purchased on or before November 1, 2011, or who received a permitted assignment. The Settlement covers only scorching, fading, and blistering, and does not cover slight variations in color through normal weathering, dirt, algae, mildew, or mold. The Settlement will not include any person who has already released a claim, Defendants, their parent companies, subsidiaries, affiliates, officers and directors, any entity in which any Defendants have a controlling interest, Defendants’ employees, and all judges assigned to hear any aspect of this litigation.
Who’s Eligible
Class Members of the TimberTech XLM decking settlement include anyone in the United States who owns XLM Mountain Cedar purchased on or before Aug. 31, 2010, or who owns XLM Desert Bronze purchased on or before Nov. 1, 2011, or who received a permitted assignment.
NOTE: The settlement only covers scorching, fading and blistering.
Potential Award
Varies.
Replacement Decking. Class Members who provide proof of scorching, fading and/or blistering and who have not already received a replacement deck will be eligible for free replacement decking from a variety of lines and colors (Mountain Cedar and Desert Bronze decking materials are no longer in production).
Labor Reimbursement. Class Members may also be eligible for labor reimbursement at the rate of $4.50 per square foot for their existing TimberTech deck. If you already received labor reimbursement from the defendants at a rate that was less than $4.50 per square foot, you will be entitled to the difference so that you are reimbursed up to $4.50 per square foot as long as you are able to provide proof of your actual expense.
Property Damage. Class Members may be eligible to receive up to $100 for the repair of any property damage that was caused by the removal of their existing TimberTech deck.
NOTE: Class Members who have not already received a replacement deck and do not wish to take advantage of the repair and replacement options offered by the settlement may be eligible to receive a one-time payment of $400.
Proof of Purchase
Class Members must provide the following information when submitting a Claim Form:
- Proof of ownership or assignment of the property on which the deck covered by the TimberTech settlement is located
- Documentation showing the type of decking, date of purchase and square footage of the TimberTech deck
- Still photographs that show the scorching, fading or blistering of the deck. Class Members must include photographs that show the entire deck as well as close-up images of the scorching, fading and/or blistering. The photographs should include a date stamp to indicate the date they were taken.
NOTE: You do not need to submit photographs if you are only submitting a request for labor reimbursement.
Claim Form Deadline
3/16/2017
Case Name
Gornstein v. TimberTech Ltd., et al., Case No. 1:14-cv-12409-MBB, in the U.S. District Court for the District of Massachusetts
Final Hearing
8/4/2016
Settlement Website
Claims Administrator
RG/2 Claims Administration LLC
TimberTech Settlement
Notice Administrator
P.O. Box 59479
Philadelphia, PA 19102-9479
(937) 655-5229
[email protected]
Class Counsel
William Anderson
CUNEO GILBERT & LADUCA LLP
Defense Counsel
John A. Shope
FOLEY HOAG LLP
