ChoiceDek
This class action alleges that a decking and railing material called ChoiceDek, manufactured by Advanced Environmental Recycling Technologies, Inc. ("AERT") and distributed by Weyerhaeuser, develops widespread, extensive, recurrent and ineradicable fungal growth. This results in noticeably large black and gray spots throughout the decking and railing surfaces known as "mold spotting".
On January 9, 2009, the Honorable John C. Coughenour of the United States District Court for the Western District of Washington issued an order granting final approval of a settlement on behalf of the following class:
All persons and entities who own decks constructed of Product [see definition below] originally purchased on or after January 1, 2004, and before January 1, 2008, and additionally persons and entities who own decks constructed of Product originally purchased after December 31, 2007, and can establish that the Product was manufactured between January 1, 2004, and October 1, 2006, using the manufacture date stamped into the end of the Product. Included within the Class are the legal representatives, heirs, successors in interest, transferees and assigns of all such foregoing holders and/or owners, immediate and remote, who currently own decks constructed of Product originally purchased on or after January 1, 2004, and before January 1, 2008.
"Product" is defined in the Settlement Agreement as "ChoiceDek decking and railing products manufactured by AERT and distributed by Weyerhaeuser."
The settlement provides that class members whose decks exhibit significant mold spotting who supply adequate details about the deck installation and cleaning history, and who allow AERT to inspect and take samples, will receive one free cleaning and application of a mold inhibitor. If the mold returns within 18 months, class members have a choice of various options depending on the severity of the problem. For details on the terms of the settlement and how to submit a claim, go to the settlement website at http://aert.com/class_action_settlement.asp or call 877-220-6624.
Case Documents Please click on a document below to download. PDF documents can be read using the free product Adobe Reader available here. Settlement Agreement
Acrobat Reader Document (PDF) Preliminary Approval Order
Acrobat Reader Document (PDF) Order Granting Final Approval of Class Action Settlement
Adobe Reader Document (PDF) Contact Information If you would like further information, please send an e-mail to contact@tousley.com.
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