Announcing a Class Action Settlement Involving All Texas Owners of 2007-2010 Vortens™ Tank Models 3412 and 3464

SHERMAN, Texas, Jan. 27, 2020 /PRNewswire/ -- This case is Cone v. Porcelana Corona de Mexico, S.A. de C.V., Case. No. 4:17-00001, in the United States District Court for the Eastern District of Texas.

WHO IS AFFECTED

You are affected by this class action settlement if, you are a Texas owner (or previous owner) of a Vortens™ tank model 3412 or 3464 manufactured at the Benito Juarez plant (with a 3-digit stamp that begins with number 5) between January 1, 2007 – December 31, 2010. A description of how to determine whether you own an affected tank is included on the website www.VortensSettlement.com/cone.

This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see www.VortensSettlement.com/cone or contact the Claim Administrator at the telephone number or address below.

WHAT DOES THE SETTLEMENT PROVIDE

This settlement provides a program extending warranty protections to Texas owners of Affected Tanks.  The settlement (1) extends the warranty period for Affected Tanks until December 31, 2020; (2) establishes an audit of previously denied Affected Tank warranty claims; (3) permits submission of new warranty claims of Affected Tanks for prior fractures; (4) defines available warranty remedies for Affected Tanks; and (5) provides a reimbursement schedule for prior replacement costs.

If you make a valid claim for reimbursement in the settlement and provide acceptable proof of tank ownership and replacement costs, you will receive product replacement costs (product and installation only) with recovery capped at $300 per tank/toilet. 

HOW TO GET THE REFUND

To get your refund, visit the settlement website www.VortensSettlement.com/cone and download or complete a claim form. You can also obtain a claim form by contacting the Claim Administrator.

OBJECTING TO THE SETTLEMENT

You can object to the settlement.  For details on how to object, please visit www.VortensSettlement.com/cone or contact the Claim Administrator.

COURT HEARING AND ATTORNEYS' FEES

The Court will hold a hearing on March 2, 2020 to consider whether to approve the settlement. The attorneys for the class will ask the court to award them fees and expenses in securing the settlement class benefits and $7,500.00 in incentives to the designated individual representatives who pursued the suit, but such award does not diminish the recovery available to class participants.  Note that the hearing date may change without further notice to you. Consult the settlement website at www.VortensSettlement.com/cone or updated information on the hearing date and time.

For further information, please visit the settlement website:  www.VortensSettlement.com/cone. You may contact the Claim Administrator by phone at 1-833-991-1524 or by writing to Cone v. Vortens, Claims Administrator, PO Box 4290, Portland, OR 97208-4290.  You may also contact class counsel at Carpenter & Schumacher, P.C., 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

Related Links

https://ecf.txed.uscourts.gov