A Settlement has been proposed with York International Corporation and Johnson Controls Inc. (together, “JCI”) in a class action lawsuit in which the Plaintiffs allege that JCI manufactured and sold defective copper evaporator coils and copper condenser coils. An evaporator coil is a part of an air conditioning system or heat pump system. The evaporator coil is located inside your house and its primary function is to remove heat from the air. The condenser coil is a part of the condensing unit. The condenser coil is located outside your house and its primary function is to expel heat into the atmosphere.
This Settlement is about allegedly defective Copper Coils. In this Settlement, the term “Copper Coil” means a York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil, manufactured and sold by JCI or any of its Affiliates, purchased individually or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that was not treated or plated with tin (i.e., uncoated), purchased new during the time period from January 1, 2008 to November 22, 2016, that is covered by the original limited five year warranty or extended ten year warranty, and that is installed in its original installation site. Qualifying Copper Coils that are used in residential or light-commercial applications are included within this definition.
JCI denies all of the claims in the lawsuit, but has agreed to the Settlement in order to avoid the cost and uncertainty of protected litigation and trial.
You are a Settlement Class Member if you are an individual or entity in the United States who during the time period from January 1, 2008 to November 22, 2016 purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil manufactured and sold by JCI or any of its Affiliates, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that is covered by the original limited five year warranty or extended ten year warranty.
Who’s Eligible
You are an eligible Class Member “if you are an individual or entity in the United States who during the time period from January 1, 2008 to November 22, 2016 purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil manufactured and sold by JCI or any of its Affiliates, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that is covered by the original limited five year warranty or extended ten year warranty.”
Potential Award
Varies.
- Claimants who prior to Nov. 22, 2016 experienced one failure of their Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty and incurred any out-of-pocket expenses as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued.
- Class Members who prior to Nov. 22, 2016 experienced two or more failures of their Copper Coil while the Copper Coil was covered by the original limited five-year warranty or extended 10-year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements).
- Claimants who after Nov. 22, 2016 experience a first failure of their Copper Coil while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty, will receive at no cost a new Aluminum Replacement Coil, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the Aluminum Replacement Coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued. The new Aluminum Replacement Coil will be provided through any authorized JCI dealer.
- Authorized Claimants who experience two or more failures of their Copper Coil (if at least one of the failures occurs after Nov. 22, 2016) while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive at no cost a new Aluminum Replacement Coil, plus a check as reimbursement for their out-of-pocket expenses of up to $550 for each replacement (but no more than $1,100 for all replacements). The new Aluminum Replacement Coil will be provided through any authorized JCI dealer.
Proof of Purchase
To recover under this settlement, you must include with your claim, evidence that between Jan. 1, 2008 and Nov. 22, 2016, you purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit such as an invoice, receipt, photograph, owners’ manual, or registration card.
In order to receive a $75 Service Rebate Certificate, you must provide evidence of the copper coil failure such as an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure.
To receive cash reimbursement for labor, refrigerant, or parts incurred in connection with the replacements of two or more copper coils, you must provide proof that the copper coils were replaced and evidence of the amounts you paid out-of-pocket to replace such coils. You may do so by submitting, for example, invoice(s), receipt(s), cancelled check(s), credit card statements, or any other competent evidence of your out-of-pocket losses.
Copies of these documents must be attached to the Claim Form.
Claim Form Deadline
The deadline for eligible Class Members to submit a claim is the later of:
- 120 days after the date of the Court’s Final Judgment and Order of Dismissal; or
- 120 days after the Class Member experiences a Copper Coil failure while the Copper Coil is covered by the original limited five-year warranty or extended 10-year warranty
Case Name
Dickerson, et al. v. York International Corporation, et al., Case No. 1:15-CV-01105-CCC, in the U.S. District Court for the Middle District of Pennsylvania
Final Hearing
3/23/2017
Settlement Website
Claims Administrator
Dickerson v. York International Corporation
Settlement Administrator – Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
Toll Free: 1-855-510-2035
Fax: 1-484-350-4442
Email: [email protected]
Class Counsel
Shanon J. Carson
Russell D. Paul
BERGER & MONTAGUE PC
Gregory Coleman
Lisa A. White
GREG COLEMAN LAW PC
Jonathan Shub
KOHN SWIFT & GRAF PC
Defense Counsel
David A. Rammelt
Casey L. Westover
Caroline C. Plater
REED SMITH LLP
Christopher Scott D’Angelo
John G. Papianou
MONTGOMERY MCCRACKEN WALKER & RHOADS LLP
