The parties have reached a settlement agreement with Pella on behalf of consumers with Pella Proline Casement windows that have (1) been replaced due to wood rot, or (2) display wood rot and need replacement. Third party claims administrator, KCC, is administering the settlement pursuant to the court’s order. The KCC settlement website contains pertinent documents, including plaintiffs’ petition for preliminary approval. The KCC settlement website also has answers to frequently asked questions. Other case documents are available for public review via the Federal District Court’s Pacer system. Please refer to the KCC settlement website for all that is needed to complete and submit your claim to KCC.
The Court preliminarily approved the settlement on February 20, 2018. The Court held the final approval hearing on September 14, 2018, and took the matter under advisement. For information and updates, please go to the official settlement website: http://www.pellawindowsettlement.com/
Answers to additional frequently asked questions are below:
- Can I send my claim form to the law firm or Pella?
- No. Neither Clifford Law Offices, nor Pella, can accept any claims forms for any reason whatsoever. You must submit your claim form to KCC, the court-appointed claims administrator. Please visit the KCC settlement website at http://www.pellawindowsettlement.com/frequently-asked-questions.aspx
- I have many eligible windows. Do I have to list all of them by serial number on the claim form?
- Yes. Any consumer seeking compensation for an eligible window must submit a completed claim form, including the serial numbers for each window. The information sought in the claim form is intended to ensure that only consumers with affected eligible windows receive payment.
- I submitted a claim form in the last settlement, can you just use that form?
- No. The Seventh Circuit Court of Appeals rejected that proposed settlement, prior to the involvement of Clifford Law Offices in this case, and the case returned to the district court as if that settlement never happened. That settlement was devised by different lawyers, administered by a different claims administrator and provided a form relief subject to terms and conditions different from the current settlement. You cannot submit that old form for relief in the current settlement. You must submit to KCC a current claims form.
- I phoned the lawyers about my windows during the pendency of this litigation. I submitted a form back then, too. Isn’t that the same as submitting a claim form?
- No. You may have spoke with lawyers during the pendency of the case, and you may have submitted an inquiry form. The inquiry form is not a claim form. The inquiry form allowed for your minimal information to be maintained in a database that allowed for class notice of a settlement and/or trial. You must complete the entire KCC claim form in order to receive class relief.
- When will I get paid?
- After all claims are processed and the claims period ends, the Court, in September 2018, will conduct a fairness hearing. After the court has entered an order of final approval, payments will be processed. Please visit the KCC settlement website for important dates concerning final approval of the settlement http://www.pellawindowsettlement.com.
- If I opt out of the class settlement, can you represent me individually against Pella?
- No. Class counsel represent the interests of the class. No class counsel can represent any individual’s interests against or over those of the class. For individual representation, consult a lawyer in your home jurisdiction.
- Do I have to replace my windows with Pella windows?
- No. The brand of replacement windows is not a condition of settlement.
- I need help with my claim form. What can I do?
- Please review the KCC settlement website: http://www.pellawindowsettlement.com/frequently-asked-questions.aspx#a59.
You may also write with questions to Eubank v. Pella Corporation Window Settlement Administrator, P.O. BOX 404041, Louisville, KY 40233-4041 or send an e-mail to email@example.com. You can get a Claim Form at the case documents page, or have a Claim Form mailed to you by calling 1-866-658-6764.