Press Release
Federal Court Certifies Washington Consumer Class Action Against Carrier Corporation
Federal Court Certifies Washington Consumer Class Action Against Carrier Corporation For Concealing Defects In High-Efficiency Carrier, Bryant And Payne Furnaces
Seattle, Washington -- May 1, 2007 -- Class counsel announced that today United States District Court Judge Ronald B. Leighton ordered that a case filed by current and past Washington State owners of high-efficiency furnaces manufactured by Carrier may proceed as a class action lawsuit.
The class action complaint alleges that in the mid to late-1980s Carrier stopped using high-grade stainless steel secondary heat exchangers in favor of cheaper polypropylene laminated ("PPL") mild steel. Carrier switched to the cheaper material despite the fact that the industry standard was (and still is) to use high grade stainless steel for condensing heat exchangers to prevent corrosion.
Carrier has never disclosed to consumers that the new heat exchangers are not as robust as ones manufactured from stainless steel or that their furnaces would not last as long as consumers typically expect. The case was filed on behalf of tens of thousands of Washington individuals and entities who purchased Carrier, Bryant and Payne high efficiency furnaces since January 1, 1989.
"In Washington, homeowners run their furnaces for at least five months of the year," stated Kim D. Stephens, counsel for plaintiffs with the Seattle law firm of Tousley Brain Stephens PLLC. "It is of great concern that Carrier would sell a furnace that could potentially malfunction in the dead of winter."
"Carrier's warranty does not cover labor charges for replacement of the failed part," explained Jonathan D. Selbin, plaintiffs' counsel with the national law firm of Lieff Cabraser Heimann & Bernstein, LLP. "Homeowners who bought their furnace on the assurance by Carrier that it would last a lifetime have been forced to spend hundreds or even over a thousand dollars on the repair of their faulty furnace, or have had to spend thousands on a brand new furnace."
High-efficiency condensing (or 90%) furnaces maximize efficiency by employing a second heat exchanger to extract more heat from the hot gases through condensation. These furnaces are typically more expensive than non-condensing (or 80%) furnaces.
The complaint charges that the PPL degrades and disintegrates due to the high temperatures in the furnace. When the PPL separates from the steel, it exposes the underlying mild steel to acidic condensate. In some cases, the corrosion proceeds to the point of actually perforating the outside wall of the heat exchanger.
In the United States, Carrier warrants the heat exchanger for the lifetime of the original purchaser and for 20 years for subsequent purchasers. Despite this warranty, the complaint charges that Carrier's condensing furnaces fail prematurely and well before their warranted and expected life, resulting in consumers having to incur substantial charges on the labor to repair their furnace or on the purchase of a new furnace.
The Washington lawsuit is part of litigation in a number of jurisdictions against Carrier Corporation for concealing defects in its condensing furnaces. Homeowners in Wisconsin, Michigan and Ontario, Canada have also filed class action complaints against Carrier Corporation, each setting forth similar allegations, and additional cases will be filed shortly.
Washington homeowners and businesses who wish to learn more about the class action lawsuit, report their experiences with Carrier, Bryant, and Payne furnaces, and/or receive updates on the case are welcome to visit lieffcabraser.com/furnace.htm or tousley.com, or contact class counsel toll-free at 1 (888) 234-4883.
Source/Contact
Kim D. Stephens
Tousley Brain Stephens PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
(206) 682-5600
kstephens@tousley.com
Jonathan D. Selbin
Lieff Cabraser Heimann & Bernstein, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
(212) 355-9500
jselbin@lchb.com
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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