AZEK Decking Settlement

In re AZEK Building Products, Inc. Marketing and Sales Practices Litigation
United States District Court for the District of New Jersey , No. 2:12-CV-06627, MDL Docket No. 2506 (D.N.J.)

Frequently Asked Questions

Following is a list of frequently asked questions about this matter. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the Settlement.

  1. What is this lawsuit about?

    The Plaintiffs claim that CPG made misrepresentations about the qualities and attributes of certain historical AZEK Decking that was sold at retail from August 1, 2007 through December 31, 2012. Plaintiffs claim that CPG represented in its marketing materials that AZEK Decking would not fade, stain, scratch or discolor. Plaintiffs claim that the Decking was prone to fade, stain, scratch or discolor and that CPG should have so informed its customers.

    CPG denies all of these allegations. CPG contends that it made no misrepresentations about the AZEK Decking and that its Decking performed as advertised.

  2. What is a Class Action?

    In a class action, one or more people called Plaintiffs or Class Representatives sue on behalf of other people who have similar claims. In this case the following individuals serve as Class Representatives: Mel Beucler, John Edmonds, Barbara Derwich, Daniel Berkowitz, Kevin Mayhew, Christine Merriam, Joseph Solo, Jeffrey Wayne, and Joseph Marino. The people included in the class action are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who timely exclude themselves from the Class.

  3. Why is there a settlement?

    The Court did not decide in favor of Plaintiffs or CPG. Instead, both sides agreed to this Settlement to avoid the cost and burden of further litigation and so the Settlement Class Members can receive benefits. The Class Representatives and their attorneys believe the Settlement is a fair and reasonable resolution of the claims asserted in this lawsuit.

  4. How do I know if I am part of the settlement?

    You are part of the settlement if you are a current residential owner of AZEK Decking in the United States who purchased certain colors of AZEK Decking from August 1, 2007 through December 31, 2012 and do not exclude yourself by following the instructions in Section 14 of the Notice. To confirm that you are a Settlement Class Member, you should confirm your purchase date (which must be on or after August 1, 2007, and on or before December 31, 2012) and identify if your AZEK Deck is one of the following colors: Brownstone, Clay, Slate Gray, Ivory, White, Fawn, Kona, Sedona, Tahoe, Acacia, Morado, and Redland Rose. While some of these colors continued to be sold after 2012, the Settlement only includes decking sold before 2013. Colors manufactured prior to 2013 which are not covered by the settlement include Modena, Silver Oak, Hazelwood and Cobre. You must also still own the home at which you built your AZEK deck. If you are not sure whether you are included, call 1-855-229-7149.

  5. What are the Settlement benefits?

    If you are an Authorized Claimant, you may receive up to 10% of what you paid for the historical AZEK Decking, not including what you paid for labor and installation or other deck parts (the “Benefit”). This amount is limited to one claim per residential property address and no Settlement Class Member may receive more than $2,000 per residential property. The Benefit is subject to the following set-off and/or reductions:

    A dollar-for-dollar offset for any prior cash refund.

    A set-off for any previously-provided partial or complete Decking replacement, in the amount of $2 per linear foot.

    A set-off for or professional cleaning/conditioning previously provided, in the amount of $1 per linear foot.

    A set-off for each bottle of DeckMax previously provided (whether by coupon/voucher or product itself) in the amount of $50 per bottle.

  6. How do I get benefits and what is the Claim Period?

    To obtain benefits under this Settlement, you must submit a Claim Form. Claim Forms are also available by calling 1-855-229-7149 or by contacting the Notice Administrator at the following: Azek Decking Settlement, c/o Dahl Administration, P.O. Box 3614, Minneapolis, MN 55403-0614. You may submit a claim form beginning on October 17, 2017 and through April 17, 2018. You may submit the Claim Form electronically or by mailing it to Dahl Administration at the addresses listed above. Failure to submit your Claim Form by the deadline will result in the denial of your claim.

    Please carefully follow the Claim Form instructions and include the required supporting documentation. Claims will be reviewed within thirty (30) days of receipt and if any deficiencies are identified then a reasonable opportunity to cure will be provided, as set forth in Paragraph 8.4 of the Settlement Agreement.

  7. What do I need to submit with my Claim Form?

    Please carefully follow the Claim Form instructions and include the required supporting documentation with your claim. You must provide:

    • Proof of Ownership: Documentation showing that you are the current owner of the property where the decking is located and that you owned the property at the time the decking was installed. Common examples include a dated property deed or title, property tax statement, mortgage statement, or utility bill.
    • Photographs: Color photographs that verify the color of the decking and the amount you purchased. Photographs must be sufficient to capture the entire deck. It is suggested that the photographs be taken from four vantage points. In addition, you must submit at least one photograph that captures a close-up of the decking boards.
    • Proof of Purchase: Documentation showing the color, quantity, and price of decking purchased (such as an itemized sales receipt, invoice, or contractor’s bid), plus verification of your payment and payment date (such as a dated credit card statement or cancelled check demonstrating payment). A contractor’s bid that does not specify the color, specific quantity, and price of the decking purchased is insufficient.

    The Claim Form explains these requirements in more detail.

  8. I don’t have all the documentation required by the Claim Form.

    All claimants must submit Proof of Ownership and Photographs as described in the Claim Form and in Question 7 above.

    If you do not have documentation supporting your Proof of Purchase, you must instead submit the Seller Verification Form. Print it and have the person who sold you the decking complete it, and then submit it as part of your claim. Submission of a completed Seller Verification Form will constitute compliance with the claims submission process. The information and documentation required for the Seller Verification Form is here.

    If you do not have documentation supporting your Proof of Purchase and you are unable to complete the Seller Verification Form (for example, if your seller cannot be located or is unwilling to complete the form), you may submit an Alternative Documentation Request. By submitting an Alternative Documentation Request, you are not ensured of settlement benefits; however, the Settlement Administrator will consider your specific circumstances to determine if an accommodation will be made. Any settlement benefits paid pursuant to the Alternative Documentation Request will be calculated using the figure of $2.75 per lineal foot. The information and documentation required in support of the Alternative Documentation Request is here. .

  9. When would I get my payment?

    No checks shall be issued to any Settlement Class Member until at least thirty (30) days after the Effective Date. The Effective Date shall occur on the first date when all of the following conditions have been satisfied: The Court has granted final approval of the Settlement following notice to the Settlement Class Members and has entered a Final Order and Judgment; and the Final Order and Judgment has become final by virtue of the passing of all opportunities to appeal. The Effective Date will be set forth on this site when it is known.

  10. What rights am I giving up to receive benefits and stay in the Settlement Class?

    Unless you timely exclude yourself, you will remain in the Settlement Class. If the Settlement is approved and becomes final, you will be bound by any judgment and will not be able to sue CPG regarding the legal claims that were litigated in this case (even if you have objected to the Settlement and even if you have other claims, lawsuits, or proceedings pending against CPG involving the Decking covered by this Settlement Agreement). As a member of the Settlement class, you are able to submit a Claim Form between October 17, 2017 and April 17, 2018 to receive benefits from this Settlement. The specific rights you are giving up are called Released Claims. Upon the Effective Date of the Settlement, Plaintiffs and the Settlement Class will be deemed to have, and by operation of the Court’s Final Judgment and Order of Dismissal, will have, fully, finally, and forever released, relinquished and discharged the Released Parties from all Released Claims.

    The term “Released Claims” means and includes, in addition to all claims set forth in the Forth Amended Complaint, any and all claims, demands, rights, liabilities, actions, causes of action, proceedings, judgments, liens, obligations, damages, equitable, legal and administrative relief, interest, attorneys’ fees, expenses and costs, disbursements, losses, consequential damages, penalties, punitive damages, exemplary damages, damages based on a multiplication of compensatory damages, damages based on emotional distress and mental anguish, demands, obligations, rights, liens, entitlements, indemnities, and contributions of any kind or nature whatsoever related to Decking Boards, whether known, unknown or presently unknowable, suspected or unsuspected, latent or patent, accrued or unaccrued, asserted or unasserted, fixed or contingent, liquidated or unliquidated, matured or unmatured, and whether based on federal or state statute, regulation, ordinance, contract, common law, or any other source that has been, could have been, may be, or could be directly or indirectly alleged, asserted, described, set forth or referred to now, in the past, or in the future by the Settlement Class either in this MDL Litigation, or in any other court action or proceeding, or before any administrative or regulatory body, tribunal or arbitration panel. Specifically, Settlement Class Members release all claims relating to the appearance and maintenance of AZEK decking, including but not limited to blistering, peeling, flaking, cracking, splitting, cupping, rotting, chalking, warping, discoloring, fading, lightening, weathering, degrading, scratching, spotting, staining, cleaning requirements, dirt/debris, mold/mildew, and expansion/contraction , as well as all claims arising out of or relating to allegations that AZEK decking caused or is causing other damage, including but not limited to damage to other property. The “Released Claims” further include, without limitation, all causes of action related to the design, specification, manufacture, production, promotion, advertising, sale, representation, distribution, or installation of AZEK Decking, without regard to whether such cause of action is or could be brought pursuant to common law, or any federal or state statute, regulation, or ordinance, including but not limited to federal or state statutes or regulations concerning unfair competition; unfair or deceptive methods of competition; unfair, deceptive, fraudulent, unconscionable, false or misleading conduct, acts, advertising or trade practices; consumer protection; or under the common law of any state as a claim for breach of contract, breach of express and implied warranties, reformation of warranty, breach of fiduciary duty, fraud, intentional misconduct, unjust enrichment, misrepresentation (negligent or otherwise), tort, negligence, breach of constructive trust, breach of the implied covenant of good faith and fair dealing, or any other common law or statutory basis. This Release does not release CPG from claims for bodily injury, including claims for pain and suffering, emotional distress, mental anguish, or similar damages suffered as the result of such bodily injury. Settlement Class Members will retain their rights, if any, under the terms of the applicable AZEK Lifetime Limited Warranty.

    The term “Released Parties” or “Released Party” mean CPG and any and all past, present, and future parent companies, subsidiaries, predecessors, successors, divisions, affiliates, assigns, and their respective past, present, and future officers, stockholders, directors, agents, employees, attorneys, insurers, or representatives, including but not limited to AZEK Building Products Inc. “Released Parties” or “Released Party” also includes any and all past, present, and future vendors, distributors, retailers, dealers, contractors, and any other person or entity who sold, distributed and/or installed AZEK Decking.

  11. How do I exclude myself from the settlement?

    Settlement Class Members have the right to request exclusion from (i.e., opt out of) the Settlement Class by sending a written request for exclusion to Class Counsel and the Notice Administrator postmarked by December 15, 2017. The request for exclusion must bear the signature of the Settlement Class Member (even if represented by counsel), and state the address of the structure(s) that may contain Decking Boards. If the Settlement Class Member is represented by counsel, the request for exclusion shall also be signed by the attorney who represents the Settlement Class Member. No request to opt-out will be valid unless it complies with these requirements. If a timely and valid request to opt out is made by a Settlement Class Member, then that person will no longer be a member of the Settlement Class and shall not be affected by or bound by the Settlement, and shall receive no benefits from the Settlement.

  12. Who are the attorneys appointed to represent the Settlement Class?

    The Court has appointed the following lawyers to represent you and the other Settlement Class Members:

    James E. Cecchi
    Lindsey H. Taylor
    Carella, Byrne, Cecchi, Olstein,
    Brody& Agnello, P.C.
    5 Becker Farm Road
    Roseland, New Jersey 07068
    973-994-1700
    azekSettlement@carellabyrne.com
    Christopher A. Seeger
    Seeger Weiss LLP.
    77 Water Street
    New York, NY 10021
    877-912-2668
    Jonathan Shub
    Kohn Swift & Graf, P.C.
    One South Broad Street
    Suite 2100
    Philadelphia, PA 19107
    215-238-1700
    azekSettlement@KohnSwift.com

    You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

  13. How will the lawyers be paid?

    Class Counsel (set forth in the preceding section) will ask the Court for approval to have CPG pay them (collectively) no more than $5.25 million in attorneys’ fees which includes reasonable out-of- pocket expenses. Class Counsel will also request the Court to award a $5,000 service award to each of the Class Representatives in recognition of services provided to the Settlement Class Members. If approved, all of these amounts, as well as the costs associated with administering the Settlement, will be paid separately by CPG and will not reduce the amount of Settlement benefits available to Settlement Class Members.

  14. How do I object to the Settlement?

    Settlement Class Members have the right to object to the Settlement by sending written objections via first class mail postmarked by December 15, 2017 to the Court, Class Counsel, and the Notice Administrator. The objection must:(a) bear the signature of the Settlement Class Member (even if represented by counsel); (b) state the Settlement Class Member’s current address and telephone number; (c) state the address of the structure(s) that may contain AZEK Decking Boards, and (d) state whether or not the Settlement Class Member intends to appear at the Final Approval Hearing. If the Settlement Class Member is represented by counsel, the notice of objection shall also be signed by the attorney who represents the Settlement Class Member. Such notice of objection must be postmarked or personally delivered no later than December 15, 2017. All objectors will be deemed to consent to the taking of their deposition for no more than four (4) hours in a location convenient to the Settlement Class Member within seven (7) days of the filing of the objection.

    Any papers not filed and served in the prescribed manner and time will not be considered at the Final Approval Hearing, and all objections not made in the prescribed manner and time shall be deemed waived. Any objections by a Settlement Class Member must be exercised individually by that Settlement Class Member, not as or on behalf of a group, class, or subclass. Any Settlement Class Member that desires to appear in person at the Final Approval Hearing for the purpose of objecting to the Settlement must file a written notice of intent to appear with the Court no later than January 26, 2018.

  15. When will the Court decide final approval of the Settlement?

    The Court will hold a hearing at 11 a.m. on February 20, 2018, at the United States District Court for the District of New Jersey, 50 Walnut Street, Newark, NJ 07101, to decide whether to grant final approval of the Settlement. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate, and will also consider Class Counsel’s application for an award of attorneys’ fees and expenses, and the proposed service awards. Settlement Class Members are welcome to attend the Final Approval Hearing, including through their choice of counsel at their own expense, but it is not necessary for them to attend to receive their benefits under the Settlement. If you want to be heard at the Final Approval Hearing, you must file a notice of your intent to appear with the Court no later than January 26, 2018. The Settlement will not become final until the Court grants final approval of the Settlement and any appeals have been resolved.

  16. How do I get more information?

    The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement, which is available at the Settlement Documents page.

  17. What if I disagree with how my claim is resolved?

    You have the right to appeal the denial or your claim, and/or to the calculation of any offset amount that is applied to your claim. Within 30 days of the written notice informing you of the approval or denial of your claim, send a letter or e-mail to the Settlement Appeal Arbitrator at the address below. You must explain the reason for your objection and the grounds on which you challenge the determination of your claim. The Settlement Appeal Arbitrator will make a written determination as to whether he or she concurs with the determination of your claim within 30 days of receiving your objection. The Settlement Appeal Arbitrator’s determination of the claim shall be binding on both parties.