Request Legal Help Now - Free

LAWSUITS NEWS & LEGAL INFORMATION

Law Firms Announce Filing of Nationwide Class Action on Behalf of Purchasers of ChoiceDek® Decking Products

.
Seattle, WAA consortium of law firms announce that they filed a nationwide class action lawsuit on behalf of all purchasers of Weyerhaeuser ChoiceDek® decking products. The Plaintiffs filed their suit in the United States District Court for the Western District of Washington in Seattle against Weyerhaeuser Company (NYSE:WY) (ChoiceDek® seller); Advanced Environmental Recycling Technologies, Inc. (Nasdaq:AERT) (ChoiceDek® manufacturer); and Lowe's Companies, Inc. (NYSE:LOW) (ChoiceDek® retailer) (collectively, the "Defendants").

Washing DeckChoiceDek® is a composite material, primarily composed of wood fibers and recycled plastic, used in residential decking throughout the United States. The Defendants have sold hundreds of millions of dollars of this product since it was first introduced into the market. The Plaintiffs' legal complaint alleges that ChoiceDek® is defective because it develops extensive and recurring mold and mildew stains due to inherent manufacturing flaws and that Defendants fraudulently advertised the product as being "low maintenance" despite having knowledge of these problems.

The Plaintiffs contend that although the products are promoted as "virtually moisture proof," they are, in fact, highly susceptible to moisture in the outdoor environment. Additionally, the manufacturer of ChoiceDek® acknowledges that it utilizes "contaminated" recycled plastic that it fails to adequately clean, which introduces food waste into the decking boards.

The Plaintiffs are seeking an injunction that would require the Defendants to honor the warranty that comes with the product and replace defective decks or provide consumers with refunds. Alternatively, Plaintiffs are seeking compensatory and punitive damages.

The law firms that filed the lawsuit are Cohen, Milstein, Hausfeld & Toll, P.L.L.C. (Washington, DC); Keller Rohrback L.L.P. (Seattle, WA) and Gary, Naegele & Theado, LLC (Lorain, OH). These firms have successfully represented consumers in hundreds of class actions across the United States.

For more information please contact attorney James Pizzirusso at (202) 408-4600 or at jpizzirusso@cmht.com. You may also view a copy of the complaint via our website at: www.cmht.com/choicedek

Contact:
Cohen, Milstein, Hausfeld & Toll, PLLC
James Pizzirusso - Attorney
(202) 408-46

READ MORE ABOUT Defective Products

READER COMMENTS

Posted by

on
In September, 2014, a home improvement store constructed me a deck of ChoiceDek composite material. I chose the composite deck material because I was told by the sales person that it was maintaince free. Being 68 years old and not in the best of health, that seem to be best for my wife and me. It is now February, 2015 and the problem is not solved. The deck materials has black discoloration, blistering(swelling spots) on the material, all of the deck posts are different color than deck boards. They tried to clean it but could not clean. They ordered new material and when it came in it was as bad as the existing material. A number of reps have been to my house and finally admitted that they did not know what to do. The ChoiceDek rep told me that the builder was not using the right cleaner and he supposedly gave them the right cleaner, did not work. After several months they turned it over to a claims adjuster. I am stuck with a deck that I have not used, plus several thousand dollars on my credit card plus $3000.00 I paid down to the company that built the deck. CAN ANYONE OFFER DIRECTION OR ANY HELP?

Posted by

on
I JOINED THE CLASS SUIT WHEN I FIRST CAME ACCROSS IT,
IT WAS SO LONG AGO I CANT REMEMBER IF I WAS CONTACTED BY THE CLASS ACTION SUIT ATTORNEYS. I THINK THAT MAY HAVE BEEN THE CASE. I WAS TRYING TO ORDER SOME ADDITIONAL POST CAPS ON LINE, AS LOWES SEZ THEY CANT GET THAT PRODUCT ANYMORE, WONDER WHY? I SAW THE WEB SIGHTS FOR THE SUIT AND DECIDED TO CALL AND SEE WHERE IT STOOD. THE PERSON AT AERT. COULD NOT FIND ME ON THE LIST. SHE WONDERED IF I MADE ANY COPIES WHEN I FILED. I DOUBT IT BUT IM SURE GOING TO LOOK. I JUST SPENT ABOUT $60. ON DECK CLEANER PLUS A NEW POWER WASHER.

Posted by

on
I sent all my information into this class action suit. Pictures, recipts everything, back in 2009. I've got nothing in return! I called 1 year after sumitting all my paper work just for them to tell me that it was incomplete. they told me they sent a notice telling me it was incomplete. They did not!!! so they sent out paper work to fill out. 1 question! 1 question , proof of gapping. I sent pictures! close up pictures. With a ruler next to it, the first time just did'nt wright the number amount into question number 12. So i filled it out and sent it back the next day.This was 6-15-10. I waitted 1 month before i called back to see what they were going too do.By this time the mold is not only all over my deck its going up the railing. Even though i've been cleaning it the best i can, but i just cant keep up with it. They told me i was just put on the list and it would take at least a year! YOU HAVE GOT TO BE KIDDING ME !!! I've had this deck since 2006. And have been cleaning since then. My maintenance free deck !!!! So i was told before i bought it. Now what ? Wait? Another year goes by, i call again. Your not on the list yet! WHAT!!!! Maybe 2012. Oh no! Sorry, i wont be waitting till then, i have had enough! the mold is growing, on the railings & now the sideing on the house. Something needs to be done now. And i dont care what i signed off on by signing on to this class action suit, i did not know that AERT was the company that made the choice decking wood! So they filed this class action suit with their own company to save their own butts!!! And i will not stop until they clean & fix my deck,railling & my house. Every where the mold has attached itself too. Already called Fed.trade com. & Att.gen.off., Better buis.b.& Environmentalist dep. of health. I have had enough! they want us to forget about it, so we get tired of calling and just give up.If they dont do something soon they'll be replaceing not only my deck my sideing,my grill,my furniture. Everything that has mold on it. So if anyone can help that would be grate!

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com

Request Legal Help Now! - Free