Settlements have been reached with Watts Regulator Co. (“Watts”) regarding Water Heater and FloodSafe connectors designed, manufactured, distributed and/or sold by Watts. The Settlements apply to anyone who owns or owned (or leases or leased) a residence or other structure located in the United States containing a Watts Water Heater or FloodSafe connector after November 4, 2008, including persons who suffered property damage and/or paid to repair property damage caused by the failure of a Water Heater or FloodSafe connector.
The lawsuits allege that Watts:
Designed, manufactured, distributed, marketed and/or sold Water Heater and FloodSafe connectors that were defective; Knew of the defective condition of these connectors; and
Failed to provide warnings to prevent failure of the connectors.
The lawsuits allege that Watts’ actions led to the failure of the Water Heater and FloodSafe connectors. The lawsuits ask for replacement connectors to be provided to those who purchased Water Heater and FloodSafe connectors and for money to be paid to those who paid to repair property damage as a result of the failure of the connectors. Watts denies all the claims and allegations in the lawsuits. Watts maintains that its Water Heater and FloodSafe connectors are not defective in any respect and that any failures are the result of other factors (such as improper installation, misuse, or products being at the end of their lifespan). Watts has successfully defended itself on these grounds in the past.
Who’s Eligible
The settlements include anyone who owns or owned (leases or leased) a residence or other structure located in the United States containing a Watts Water Heater or FloodSafe Connector after Nov. 4, 2008. This includes any person or entity that suffered property damage and/or paid to repair property damage caused by the failure of a Watts Water Heater or a FloodSafe Connector.
Potential Award
Varies.
Replacement of Connectors:
For eligible claims submitted within one year of final approval of the settlements, Class Members can receive a cash payment of $10 for each Water Heater and FloodSafe Connector (up to two water heater connectors and two FloodSafe Connectors per residence or other structure) that they replace. The maximum cash payment for replacement of connectors is $40.
To receive a payment, you must provide proof that you own or possess a Watts Water Heater or FloodSafe Connector by providing:
- A label for the connector or a photo of the connector’s label or the connector itself; and
- A receipt from purchasing the replacement connector
There is no restriction on what brand of connector you purchase to replace your Watts Water Heater or FloodSafe Connector.
Payment of Property Damages:
For eligible claims, settlement Class Members can recover up to 25 percent of documented costs of repairs for property damage caused by the failure of a Watts Water Heater or FloodSafe Connector, with a minimum recovery of $25.
Proof of Purchase
Claimants must supply documentation for proof of ownership of each eligible Watts Water Heater and/or FloodSafe Connector, including the connector itself, or a photograph of the connector showing the characteristics that identify it as a Watts product, including any label for the connector with a completed Claim Form.
Replacement Connector Claims:
For each replacement connector sought, claimants must include:
- A photograph of the connector showing the characteristics that identify it as a Watts product (including any attached label), or
- The Watts Water Heater and/or FloodSafe Connector itself; and
- A receipt for each replacement Watts Water Heater and/or FloodSafe Connector purchased with the Claim Form
(NOTE: The replacement connector does NOT need to be a Watts Water Heater or FloodSafe Connector.)
Property Damage Claims:
For property damage claims, all proof of payments for repair of property damage caused by a failed Watts Water Heater and/or FloodSafe Connector must be submitted along with the Claim Form.
Claim Form Deadline
The deadline to file a replacement claim is one year from the date of the final approval order. The deadline to file a property damage claim is four years from the date of the final approval order.
Case Name
Ponzo v. Watts Regulator Co., Case No. 1:14-cv-14080-ADB, in the U.S. District Court for the District of Massachusetts and Klug v. Watts Regulator Co., Case No. 8:15-cv-00061-JFB-TDT, in the U.S. District Court for the District of Nebraska
Final Hearing
4/12/2017
Settlement Website
Claims Administrator
Watts Claims Administrator
c/o Epiq Systems Inc.
PO Box 4259
Portland, OR 97208-4259
1-877-845-3575
Email: [email protected]
Class Counsel
Shanon J. Carson
BERGER & MONTAGUE PC
Bryan L. Clobes
CAFFERTY CLOBS MERIWETHER & SPRENGEL LLP
Joseph G. Sauder
MCCUNEWRIGHT LLP
Defense Counsel
David S. MacCuish
Todd Benoff
ALSTON & BIRD LLP
Attorneys for Defendants Watts Regulator Co. and Watts Water Technologies Inc. in Klug class action.
Keith E. Smith
Jodi Dyan Oley
ECKERT SEAMANS CHERIN & MELLOTT LLC
Attorneys for Defendants Watts Regulator Co. and Watts Water Technologies Inc. in Ponzo class action.
