If You Are A California Property Owner With ABC Windows Manufactured From May 11, 1995 through August 1, 1997, Your Rights May Be Affected By A Class Action Settlement.
A class action settlement has been reached in a class action lawsuit against A.B.C. Products, Inc. (“ABC Products” or “Defendant”) in the Riverside County Superior Court in California (styled Everett et al v. A.B.C. Products, Inc. Class Action Case No. RIC 425649) alleging, among other things, that there are defects in certain ABC window products including (1) an alleged “Water Stain” to the finished surface of the interior sill or jamb reveal, (2) alleged blistering, peeling, flaking, or spider web cracking of the paint or finished surface of the sill or jamb reveal or (3) alleged evidence of deterioration, decay to the Interior Sill or Jamb Reveal or other “Loss of Integrity of the Sill or Jamb Reveal” in the form of swelling, warping, softened or crumbling of the material, excluding its finished surface, according to the ABC Window class action settlement website and settlement notice.
ABC Window settlement class members reportedly include all current homeowners from May 11, 1995 through August 1, 1997 whose buildings presently contain a Window Product, but does not include such homeowners who have already released their claims in prior lawsuits concerning the Windows Products or homeowners who request exclusion or “opt out” from the Settlement Class.
The ABC Window class action settlement reportedly will provide money to Class Members that timely (on or before June 17, 2011) submit a Claim Form which satisfies the Settlement Qualifications. Class Members will reportedly be given the option of two compensation payments:
A. The “Liquidated Payment Option.” In lieu of the right to receive compensation on a Per Window Compensation basis, an eligible Class Member who makes a claim may elect to receive a lump sum cash payment of one thousand dollars ($1,000.00), or “Liquidated Payment Option.” Only one $1,000.00 Liquidated Payment will be available for each home that contains an ABC Window Product, regardless of the number of ABC Window Products in the home or the number of Class Members who own or reside in said home.
OR
B. The “Per Window” Compensation Option. Under this option, Class Members may apply for compensation of two hundred fifty dollars ($250.00) per Window Product. To qualify for this compensation, Class Members must present evidence of (1) a “Water Stain” to the finished surface of the interior sill or jamb reveal (“Water Stain” means a discoloration associated with the presence of water, present or past, to the finished surface of the interior sill adjacent to a Window Product); (2) blistering, peeling, flaking, or spider web cracking of the paint or finished surface of the sill or jamb reveal that can be repaired by sanding and re-painting; or (3) evidence of deterioration, decay to the Interior Sill or Jamb Reveal or other “Loss of Integrity of the Sill or Jamb Reveal” in the form of swelling, warping, softened or crumbling of the material, excluding its finished surface (“Loss of Integrity of the Sill or Jamb Reveal” means swelling, warping, softened or crumbling of the drywall or wood trim adjacent to the aluminum Window Product frame, or damage that is immediately adjacent to a Window Product).
The reported deadline to opt out or object to the ABC Window settlement is April 18, 2011.
The Court will reportedly hold a final class action settlement approval hearing on May 6, 2011 at 4050 Main Street, Riverside, California 92501, at which time the Court will reportedly consider whether the ABC Window products settlement is fair, reasonable, and adequate.
For more information on the ABC Window products class action lawsuit settlement, call the ABC Window Settlement Administrator at 1-877-271-5522 or visit the ABC Settlement website:
www.abcwindowsettlement.com
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