PLANO, Texas, May 16, 2019 /PRNewswire/ -- Individuals are affected by this class action settlement if they own(ed) a Vortens™ toilet tank model 3412 or 3464 manufactured between January 1, 2011 and December 31, 2011. A description of how to determine whether Class Members own an affected tank is included on the website www.VortensSettlement.com.
For Settlement Class Members that have not experienced property damage as a result of a cracked tank, if they make a Valid Claim in the Settlement and provide proof of tank ownership and expenses incurred in replacement and/or installation, they will receive reimbursement up to $300 per tank. Class Members may make a claim without receipts, but only in conjunction with a declaration sworn under oath upon penalty of perjury, and recovery is capped at $150 per affected tank.
For Settlement Class Members that have experienced property damage as a result of a cracked tank, if they make a Valid Claim in the Settlement and provide proof of unreimbursed out-of-pocket expenses incurred as a result of the cracked tank, they are entitled to reimbursement up to $4,000. Class Members may make a claim for reimbursement of proper damage expenses without receipts, but only in conjunction with a declaration sworn under oath upon penalty of perjury, and recovery is capped at $150 per affected tank. An unreimbursed deductible is an eligible out-of-pocket expense.
To get a refund, Class Members can visit the Settlement Website www.VortensSettlement.com and download or complete a Claim Form. Class Members can also obtain a paper Claim Form by contacting the Settlement Administrator.
Class Members who wish to preserve their right to bring a separate lawsuit on these claims, must exclude themselves from the Settlement Class by July 1, 2019. Class Members can also object to the Settlement, but must do so by July 15, 2019. For further details on how to exclude or object, please visit www.VortensSettlement.com or contact the Settlement Administrator.
The Court will hold a Fairness Hearing to consider whether to approve the Settlement, Class Counsel's request for attorneys' fees and expenses, and $7,500 in incentives to the designated individual representatives who pursued the suit. The parties have requested the Fairness Hearing be set on August 9, 2019. Please consult the Settlement Website at www.VortensSettlement.com for updated information on the hearing date and time. Class Members or their own lawyers, if they have one, may ask to appear and speak at the hearing at their own cost, but do not have to.
For further information, please visit www.VortensSettlement.com. Class Members may also contact the Settlement Administrator at 1-855-424-0783 or by writing to Vortens Settlement, P.O. Box 4540, Portland, OR 97208-4540. Class Members may also contact Class Counsel at Carpenter & Schumacher, P.C. and/or access the court docket on PACER available at https://ecf.txed.uscourts.gov.
SOURCE United States District Court for the Eastern District of Texas