If you have owned a York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand residential or light-commercial HVAC unit, air conditioning or heat pump system, you could get benefits from a class action settlement.
| Important Dates |
|---|
| June 23, 2017 – Deadline to Request Exclusion (postmarked date or received by date) |
| June 23, 2017 – Deadline to Object (postmarked date or received by date) |
| August 16, 2017 at 9:30 A.M. – Fairness Hearing |
| Claim Form Deadline – The later of: (a) December 20, 2017; or (b) 120 days after the Settlement Class Member experiences a Copper Coil failure while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty. |
A Settlement has been approved with York International Corporation and Johnson Controls Inc. (together, “JCI”) in a class action lawsuit in which the Plaintiffs alleged that JCI manufactured and sold defective copper evaporator coils and copper condenser coils. An evaporator coil is a part of an air conditioning system or heat pump system. The evaporator coil is located inside your house and its primary function is to remove heat from the air. The condenser coil is a part of the condensing unit. The condenser coil is located outside your house and its primary function is to expel heat into the atmosphere.
This Settlement is about allegedly defective Copper Coils. In this Settlement, the term “Copper Coil” means a York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil, manufactured and sold by JCI or any of its Affiliates, purchased individually or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that was not treated or plated with tin (i.e., uncoated), purchased new during the time period from January 1, 2008 to March 15, 2017, that is covered by the original limited five year warranty or extended ten year warranty, and that is installed in its original installation site. Qualifying Copper Coils that are used in residential or light-commercial applications are included within this definition.
JCI denies all of the claims in the lawsuit, but has agreed to the Settlement in order to avoid the cost and uncertainty of protracted litigation and trial.
Class Definition:
You are a Settlement Class Member if you are an individual or entity in the United States who during the time period from January 1, 2008 to March 15, 2017 purchased an uncoated York, Fraser-Johnston, Luxaire, Coleman, Evcon, Guardian, Champion, or Dayton brand copper evaporator coil or copper condenser coil manufactured and sold by JCI or any of its Affiliates, separately or as part of a split system or packaged residential air handler, condensing unit, or HVAC unit, that is covered by the original limited five year warranty or extended ten year warranty.
What benefits does the Settlement provide?
Authorized Claimants will receive the following benefits as applicable under the Settlement:
Copper Coil Failures That Occurred Before March 15, 2017
- Authorized Claimants who prior to March 15, 2017 experienced one failure of their Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty and incurred any out-of-pocket expenses as a result of that failure, will receive a $75 Service Rebate Certificate valid for one year from the date it is issued, to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed.
- Authorized Claimants who prior to March 15, 2017 experienced two or more failures of their Copper Coil while the Copper Coil was covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failures and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failures. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence.
- Copper Coil Failures That Occurred After March 15, 2017
- Authorized Claimants who after March 15, 2017 experience a first failure of their Copper Coil while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, will receive the following benefits:
- If the failed Copper Coil is an evaporator coil (including the indoor coil on any heat-pump system), a new aluminum (where feasible according to the requirements/ specifications for the model/unit at issue) or tin-coated copper replacement coil at no cost, plus a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the aluminum or tin-coated copper replacement coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI dealer after the date the Service Rebate Certificate is issued. The new aluminum or tin-coated copper replacement coil will be provided through any authorized JCI dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed.
- If the failed Copper Coil is a condenser coil (including the outdoor coil on any heat-pump system), a new copper replacement coil at no cost accompanied by an Extended Copper Coil Warranty, and a $75 Service Rebate Certificate valid for one year from the date it is issued, to help defray the cost of the installation of the copper replacement coil or to be used as payment for maintenance on their HVAC system performed by an authorized JCI Dealer after the date the Service Rebate Certificate is issued. The new copper replacement coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of the Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failure. To redeem the Service Rebate Certificate, the Authorized Claimant must provide the Settlement Administrator with proof of service by an authorized JCI dealer within 120 days of such service being performed.
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Authorized Claimants who experience two or more failures of their Copper Coil (if at least one of the failures occurs after March 15, 2017) while the Copper Coil is covered by the original limited five year warranty or extended ten year warranty, and paid for labor, refrigerant, or parts associated with the replacement of their Copper Coils, will receive the following benefits:
- If the failed Copper Coil is an evaporator coil (including the indoor coil on any heat-pump system), a new aluminum (where feasible according to the requirements/ specifications for the model/unit at issue) or tin-coated copper replacement coil at no cost, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new aluminum or tin-coated copper replacement coil will be provided through any authorized JCI dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s), or any other competent evidence of the failures. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence.
- If the failed Copper Coil is a condenser coil (including the outdoor coil on any heat-pump system), a new copper replacement coil at no cost accompanied by an Extended Copper Coil Warranty, plus a check as reimbursement for their out-of-pocket expenses of up to $550.00 for each replacement (but no more than $1,100.00 for all replacements). The new copper replacement coil will be provided through any authorized JCI Dealer. Authorized Claimants must provide the Settlement Administrator with evidence of each Copper Coil failure and may do so by submitting, for example, an invoice(s), receipt(s), photograph(s), correspondence to or from JCI or an HVAC dealer or contractor, warranty claim(s) or any other competent evidence of the failure. Authorized Claimants must also provide the Settlement Administrator with evidence of the amounts they paid out-of-pocket for labor, refrigerant, or parts to replace those Copper Coils, and may do so by submitting an invoice(s), receipt(s), cancelled check(s), or other competent evidence.
Your rights are affected whether you act or do not act. Click here to read the Notice of Class Action Settlement.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: | |
|---|---|
SUBMIT A CLAIM FORM |
This is the only way you can receive benefits from this Settlement. If you submit a Claim Form, you will give up the right to sue JCI in a separate lawsuit about the claims this Settlement resolves regarding Copper Coils. Click here to submit your claim online or click here to download a Claim Form. |
ASK TO BE EXCLUDED (OPT-OUT) |
The Deadline to Exclude yourself has passed. Click here for more information on exclusions. |
OBJECT TO THE SETTLEMENT |
The Deadline to Object has passed. Click here for more information on objections. |
DO NOTHING |
If you are a Settlement Class Member, you are automatically part of the Settlement, but you need to timely file a Claim Form to receive benefits. If you do nothing, you will not receive the benefits that this Settlement provides and you will give up the right to sue JCI in a separate lawsuit about the claims this Settlement resolves regarding Copper Coils. |
Who represents me?
The Court appointed Berger & Montague, P.C., Greg Coleman Law, P.C. and Kohn Swift & Graf, P.C., as Class Counsel to represent the Settlement Class. You do not have to pay Class Counsel to submit a claim. If you want to be represented by your own lawyer, you may hire one at your own expense.
The Final Approval Hearing
The Court held a hearing on August 16, 2017, at 9:30 a.m. to consider whether to approve the Settlement, award Class Counsel attorneys’ fees up to one million dollars plus expenses, and award the Class Representatives up to $2,500.00 each for their service. On August 22, 2017, the Court issued a Final Judgment approving these amounts, as well as the costs of administering the Settlement, which will be paid separately by JCI and will not reduce the benefits available to Settlement Class Members.
JCI Authorized Dealers:
Click here to locate an authorized dealer near you.
Contact the Settlement Administrator:
Mail:
Dickerson v. York International Corporation
Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Email: Questions@jccoppercoilsettlement.com
Toll Free: 1-855-510-2035
Fax: 1-484-350-4442
Click here to submit your claim online or click here to download a Claim Form.