Who is a Class Member
The DuPont Titanium Paint Price-Fixing class action settlement provides benefits for “all persons in the United States who are current or former owners of Structures containing Pella ProLine® brand aluminum clad wood casement, awning and/or transom windows (including 250 and 450 Series) manufactured by Pella Corporation between 1991 and 2009.”
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Each qualifying Claimant who submits a valid and timely claim form is expected to receive cash for actual expenditures and expenses necessary to repair or replace the damaged windows. For the exact amount you can expect to receive, please review FAQ 12 and 13 on the settlement website.
Proof of Purchase
- Claimants will need to provide the following supporting documents for each Pella Window that sustained or caused eligible damage:
- Ownership Documentation: A copy of a mortgage statement or payment coupon, homeowner’s or title insurance, a copy of a property tax bill, property deeds or deeds of trust, etc. The documentation must be either for/from the year in which the repairs or replacements took place, or for/from the current year if the window(s) has/have yet to be repaired or replaced.
- Documentation that 1991-2009 ProLine Casement, Awning or Transom windows were installed in your Structure: Photographs of the Glass Etch and Product ID Stamp or Unit Label of each window as well as credit or debit card records, a contract for installation of the windows or canceled checks to your contractor for window installations.
- Documentation of Eligible Damage and Costs: Photographs of windows and damage. For windows/sashes that have already been repaired or replaced, you will need to include receipts, invoices, credit card or debit card records, canceled checks or other financial records showing the amount of money paid for the repair or replacement and the nature of the repair or replacement performed. For windows/sashes that have not yet been repaired or replaced, you will need to submit a signed and dated statement from a contractor who has inspected the windows.
Pella ProLine Casement Windows Settlement Notes
- Kent Eubank, et al. v. Pella Corporation, et al.
- Case No. 1:06-cv-04481
- Pending in the U.S. District Court for the Northern District of Illinois, Eastern Division
Plaintiff Kent Eubank and 10 other named plaintiffs brought this class action lawsuit against Pella alleging the company failed to disclose to consumers that certain windows were defective and could lead to substantial damage and out-of-pocket repair costs.
Specifically the plaintiffs claims that Pella ProLine aluminum-clad casement windows contain a defect that allows water to penetrate and leak behind the aluminum cladding, resulting in premature wood rot and other physical damage to both the window and the main structure.
“In essence, Pella knew, or should have known, prior to sale to Plaintiffs and the Class that, for the indefinite future, there was a substantial risk that its aluminum-clad windows would leak and would develop wood rot. Knowledge and information of that risk and defect was known exclusively by Pella. Nevertheless, Pella failed to disclose that risk and defect, thereby depriving consumers of the opportunity to negotiate additional warranty coverage, to negotiate a lower price to reflect the risk and defect or to simply avoid the risk and defect altogether by purchasing a different product,” the Pella defective windows class action lawsuit stated.
Pella denies any wrongdoing but agreed to settle the case for nearly $26 million. Complete details about the case and settlement can be found on the Pella ProLine Casement Windows Settlement website.
The Pella ProLine Casement Windows class action settlement was granted preliminary approval on February 16, 2018. Class members who wish to exclude themselves or object to the settlement must do so by June 20, 2018. Class members who wish to receive a cash payment from the settlement must submit their claim form on or before June 20, 2018.
- 6/20/18: Claim Form Deadline
- 6/20/18: Objection or Exclusion Deadline
- 9/14/18: Final Hearing time TBD* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.PellaWindowSettlement.com to confirm that the date or time of the Final Hearing has not changed.
- Mail: Eubank v. Pella Corporation Window Settlement Administrator, P.O. BOX 404041, Louisville, KY 40233-4041
- Phone: 1-866-658-6764
- Email: info@pellawindowsettlement
- Robert A. Clifford of Clifford Law Offices
- George K. Lang of Lang Law Office