Carrier High-Efficiency Condensing Furnaces
COURT GRANTS FINAL APPROVAL OF PROPOSED SETTLEMENT
On April 22, 2008, the U.S. District Court for the Western District of Washington, Tacoma, granted final approval of a nationwide settlement that resolves several class action law suits relating to alleged defects in high-efficiency furnaces manufactured by Carrier Corporation. The furnaces are sold under the brand names Carrier, Bryant, Day & Night and Payne. You are a member of the settlement class if you currently own one of these furnaces or are a former owner of one of these furnaces who paid to have a failed polypropylene laminated (PPL) secondary exchanger repaired or purchased a new furnace (of any kind) because of a secondary heat exchanger failure.
More information about the settlement can be found at www.FurnaceClaims.com where a list of qualifying furnace model numbers may be obtained along with a copy of the notice, claim forms and the settlement agreement. If eligible you must file a claim by August 1, 2008.
Please note: Although notices will be mailed to class members who can be identified you do not need to receive a notice to participate in the settlement. The web site will tell you whether you qualify for a payment under the terms of the settlement and how to submit a claim.
The settlement ends a three year battle started when Tousley Brain Stephens PLLC first filed a class action lawsuit against Carrier Corporation on behalf of Washington consumers in the United States District Court for the Western District of Washington, Tacoma on June 29, 2005. Tousley Brain Stephens PLLC subsequently filed similar actions on behalf of consumers in Wisconsin, Michigan, Minnesota and Canada. In all of these cases, consumers alleged Carrier failed to disclose to its customers that the PPL secondary heat exchangers in its high-efficiency gas furnaces are defective and fail prematurely resulting in unexpected and unnecessary repair costs born by consumers. Carrier continues to deny the furnace part is defective but has agreed to compensate furnaces owners whose secondary heat exchangers failed in the past and to repair for free secondary heat exchangers that fail within the first twenty years of furnace life or give consumers an equivalently valued discount on a new furnace.
Pending Cases Covered By the Settlement:
Grays Harbor Adventist Christian School et al. v. Carrier Corporation
USDC W.D. Washington at Tacoma, Cause No. CV05-5437-RBL
Mark Neuser and Arlan and Marcia Hinkelmann v. Carrier Corporation
USDC Wisconsin, Case No. 06-C-645-S
7th Circuit Court of Appeals, Case No. 07-2261
Dougherty, Zinn and Opaleski et al. v. Carrier Corporation
USDC, E.D. Michigan, Civil Action No. 06-CV-15659
James Nogosek v. Carrier Corporation
USDC Minnesota, Cause No. 07-CV-2262 JRT/FLN
Donnelly et al. v. Carrier Corporation
Ontario Superior Court of Justice Court File No. 06-CV-320045 CP
Case Documents Please click on a document below to download. PDF documents can be read using the free product Adobe Reader available here. Washington- First Amended Complaint - Class Action for Damages, Injunctive Relief and Restitution
Adobe Reader Document (PDF) Washington - Order Granting Motion for Class Certification
Adobe Reader Document (PDF) Washington – Class Notice (long form)
Adobe Reader Document (PDF) Wisconsin - Third Amended Complaint
Adobe Reader Document (PDF) Washington – Class Notice (short form)
Adobe Reader Document (PDF) Ontario - Amended Statement of Claim
Adobe Reader Document (PDF) Michigan - Class Action Complaint
Adobe Reader Document (PDF) Minnesota – Class Action Complaint
Adobe Reader Document (PDF) Press Releases 2007-05-01: Federal Court Certifies Washington Consumer Class Action Against Carrier Corporation For Concealing Defects In High-Efficiency Carrier, Bryant And Payne Furnaces 2006-12-20: Michigan Homeowners File Class Action Alleging Carrier Corp. Concealed Furnace Defects; Suit Joins Three Others Pending in U.S. and Canada.
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