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This settlement is closed!
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Details on how to file a claim for the Trex decking class action settlement have arrived. If you own or owned a deck, railing, fence or other structure built with certain Trex products purchased between 2004 and 2013, you may be eligible to claim a cash award from the class action settlement.
Who’s Eligible
Class Members of the Trex class action settlement include anyone who owns or owned a structure built with wood-plastic materials sold under the following Trex trademarks between August 1, 2004 and August 27, 2013:
- Accents®
- Accents Fire Defense®
- Origins®
- Brasilia®
- Contours®
- Profiles®
- Traditional Railing®
- Designer Series Railing®
- Seclusions®
- Surroundings®
Potential Award
- Tier 1: One-time cash payment of $150.
- Tier 2: (a) Reimbursement of the cost of purchasing cleaning product at a flat rate of $18; and (b) a non-transferable payment certificate entitling you to a cash reimbursement equal to 40% of the retail price you paid to purchase certain new Trex decking and Trex-brand fasteners (if you used these in your current Trex structure) to replace your existing Trex decking and Trex-brand fasteners.
- Tier 3: (a) Reimbursement of the cost of purchasing cleaning product at a flat-rate of $18; and (b) either a (i) non-transferable payment certificate entitling you to a cash reimbursement equal to 50% of the retail price you paid to purchase certain new Trex decking and Trex-brand fasteners (if you used these in your current Trex structure) to replace your existing Trex decking and Trex-brand fasteners, if applicable, and a payment for labor reimbursement at the formula rate of $0.23 cents per linear foot of replacement decking, or (ii) a refund of 20% of the original purchase price of your current Trex product.
Proof of Purchase
Required.
Claim Form Deadline
5/27/2014
Case Name
Dean Mahan, et al. v. Trex Co. Inc., Case No. 09-cv-00670, in the U.S. District Court for the Northern District of California
Case Summary
The Trex decking settlement resolves a 2009 class action lawsuit (Mahan v. Trex Company Inc.) that alleges certain wood-plastic composite decking products sold by Trex were defective and susceptible to mold, mildew, fungus, or other spotting and discoloration. According to the product’s 25-year warranty, the decks would not suffer from material defects or damage from fungal decay, plaintiffs allege in the class action lawsuit.
Trex denies the allegations, insisting that the fungal damage is related to environmental factors that were not covered by the warranty, but has agreed to pay $8.25 million to resolve the litigation.
Final Hearing
12/13/2013
UPDATE: The Court granted final approval to the Trex decking class action settlement.
Settlement Website
Claims Administrator
Trex Company Inc.
Trex Class Action Settlement
ATTN: Trex Mold and Color Fading/Variation Litigation
P.O. Box 921789
Norcross, GA 30010-1789
Toll Free Line: 1-877-495-0068
Fax: 1-855-301-9935
E-Mail: trexclasssettlement@trex.com
Class Counsel
Steve W. Berman
Robert F. Lopez
HAGENS BERMAN SOBOL SHAPIRO LLP
Defense Counsel
K&L GATES LLP
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27 thoughts onTrex Decking Class Action Lawsuit Settlement
Have a trex deck woth mold and mildew a yearly issue. Discoloration, flaking. I would love to know how to put in a claim for at minimal materials.
Had a deck installed in 2011. Deck is fading. Trex is willing to replace the boards but not the cost of the labor. The cost of the labor is more than the cost of the boards. I refused to accept their offer. They should cover the labor costs, as well as, the boards. Since the product is defective, they should be responsible not only for the boards but also for the cost of the labor. Nice way they get around the issue by making me pay additional money on top of what I paid originally.
I have the same issue. My deck is falling a part. The color has totally changed. Flaking of the material and the boards are losing their ability to hold weight. The boards are bouncy. Looks horrible and I paid a lot of money to have it installed. I wish I could send pictures.
We put a deck and porch on the back of our house. I would have to research as to the exact date and dollar amount. We had an awesome contractor build the deck. The deck is 57’x16’ and we spent something like 25 thousand dollars about 15 or so years ago. We had the same fading issues along with the mold. Our deck. Also warped, drooped and swelled up to the point that there is literally no gap between the boards to let the water drain. We had no notification about the recall and class action lawsuit. When I contacted the company they were less than accommodating. They told me that it only had a 10 year warranty. I’m pretty sure it’s at least 25 years. I sent emails and pictures of the deck and all it’s issues, I even had some product left over that had been in the garage and I sent them a picture of what it looked like when it was built and what it looks like now. Then they told me that I missed the deadline/ recall. They said they have changed the formula. I think they said 2009 but I could wrong on the date. The settlements mentioned in the previous comments is a joke. We believe you get what you pay for. We went with what we believed was as good as you could get. Obviously this rule of thumb didn’t prove to be the case here. I think buyer beware applies here.