Anne Bucher  |  February 24, 2014

Category: Consumer News

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AZEK PVC decking class action lawsuitLast week, the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated two putative class action lawsuits filed against the makers of AZEK PVC decking materials for allegedly misleading consumers about the durability of their products.

The JPML selected New Jersey as the venue for the PVC decking multidistrict litigation (MDL) against AZEK Building Products Inc. and CPG International Inc. because the New Jersey class action lawsuit was the first-filed action. Further, the defendants are located in nearby Scranton, Pa., which will be convenient during the discovery process.

The class action lawsuits were filed by consumers who allege they were misled by advertisements that portrayed AZEK’s deck and railing materials as more durable than decking materials made from composite metal or wood.

“On the basis of the papers filed and hearing sessions held, we find that these actions involve common questions of fact, and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation,” the JPML wrote in its decision to centralize the class action lawsuits. “These putative class actions share factual questions relating to allegations that defendants made false and misleading claims regarding the maintenance and durability of AZEK decking products, including the ability of the products to retain their appearance and color in outdoor conditions.”

The JPML determined that U.S. District Court Judge Kevin McNulty would oversee the AZEK PVC deck durability MDL. Judge McNulty was already presiding over the New Jersey class action lawsuit.

Several similar class action lawsuits are already pending in Florida, Massachusetts and New York. The JPML mentioned that these related lawsuits are potential tag-along actions that may be added to the MDL in the future.

According to the class action lawsuits, the AZEK decking materials are prone to deterioration, contrary to the defendants’ representations that they are more durable than decking materials made of wood or composite metal. The plaintiffs argue that this early deterioration causes consumers to be faced with significant replacement and repair costs.

Further, the class action lawsuits allege that purchasers of AZEK decking materials are denied warranty coverage because the warranties are limited to “performance” issues rather than “aesthetic” problems. CPG and AZEK sought to have the warranty claims dismissed because their express warranties do not cover design defect claims and exclude the “normal weathering of surfaces.”

The defendants also sought to have the consumer fraud claims dismissed because the plaintiffs failed to specify which advertising materials they relied on when making purchases and because they failed to indicate why they believed the company was aware of the alleged defects.

The New Jersey plaintiffs are represented by Carella Byrn Cestein Brody & Agnello PC, Pogust Braslow & Millrood LLC, Seeger Weiss LLP, Complex Litigation Group LLC, Farmer Jaffe Weissing Edwards Fistos & Lehrman PL and Weisberg Law PC.

The Illinois plaintiffs are represented by Holland Groves Schneller & Stolze LLC, Levin Fishbein Sedran & Berman, Parker Waichman LLP, Climaco Wilcox Peca Tarantino & Garofoli Co. LPA, Geragos & Geragos and Neblett Beard & Arsenault.

The AZEK PVC Deck Durability MDL is In re: AZEK Building Products Inc., Marketing and Sales Practices Litigation, MDL No. 2506, in the U.S. District Court for the District of New Jersey.

UPDATE: October 2017, the AZEK decking durability class action settlement is now open. Click here to file a claim. 

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9 thoughts onAZEK PVC Deck Durability Class Action Lawsuits Grouped in MDL

  1. Mary says:

    I live in New York and have two Azek decks with black spots all over them after the first summer. We tried power washing which only faded them and they were back again in a week. They are telling me to scrub them with a special cleaner and hard bristled brush and to do this twice per season!!!! Are they out of their minds – I bought this for the LOW MAINTENANCE. Does anyone know if theirs a class action still open in New York/Connecticut?

  2. cynthia says:

    How do I get information on law suit?

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  3. Karen says:

    I would also like information on how to be part of this class action suit. Our deck has totally faded after a year.
    Azek said they would send me coupons and someone would come out and apply something to the deck. I got rid of wood so I wouldn’t have to apply stain every year!
    Any help or direction would be great.

    1. Jim Anderson says:

      I have a simular problem, did you join a suit? I live in Maryland.

  4. Howard says:

    I live in NJ and have a small Azek deck that faded terribly. A friend told me about a class action suit against the manufacturer of Azek. Is there a way I can still sign up to be a part of the suit? Howard

    1. gary says:

      good morning Howard Did you ever find a way to be included in the suit for Azek as I have the same issues? thanks Gary

      1. Jim Anderson says:

        Gary did you get into the class action suit?

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