If you are a current homeowner from 1995 through the present whose building presently contains an ATI Window Product, your right may be affected by class action settlement agreement.
A class action settlement has been reached in a class action lawsuit against Aluminum Technology Inc. (“Aluminum Technology” or “ATI” or “Defendant”) in the Riverside County Superior Court in California (styled Melnick, et al. v. Aluminum Technology Inc., Class Action Case No. RIC492792) alleging, among other things, that there are defects in ATI windows and sliding doors that cause them to leak and breach implied warranties, according to the Aluminum Technology ATI Windows & Sliding Doors class action settlement website and notice.
The Aluminum Technology ATI Windows & Sliding Doors class action lawsuit settlement class reportedly includes the following persons, unless otherwise excluded:
The “Settlement Class” means all current homeowners from 1995 through present whose buildings presently contain a Window Product. The Settlement Class does not include such homeowners who have already released their claims in prior lawsuits concerning the Window Products or homeowners who request exclusion or “opt out” from the Settlement Class in accordance with the notice and procedures to be specified in the Settlement Agreement.
The proposed Aluminum Technology ATI Windows & Sliding Doors class action settlement reportedly provides for the following settlement benefits, among others:
Under the terms of the Settlement, any and all claims related to the Window Products against ATI, will be settled pursuant to a California statewide Settlement Class in which ATI shall fund a settlement in which Class Members will 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 two hundred dollars ($200.00), or “Liquidated Payment Option.” Only one $200.00 Liquidated Payment will be available for each home that contains an ATI Window Product, regardless of the number of ATI 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 fifty dollars ($50.00) 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 Court will reportedly hold a Fairness Hearing or settlement approval hearing in Dept. 12 at 4050 Main Street, Riverside, California 92501 on March 22, 2011, at 8:30 a.m. to determine whether the Aluminum Technology ATI Windows & Sliding Doors Settlement is fair, adequate and reasonable
For more information about the Technology ATI Windows & Sliding Doors class action lawsuit settlement, including information about how to participate in, be excluded from (or opt out of) or comment on or object to the Technology ATI Windows & Sliding Doors late fee class action settlement, visit the Technology ATI Windows & Sliding Doors late fee class action settlement website:
www.ATIWindowSettlement.com
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