ChoiceDek® 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
READER COMMENTS
bobby blackmon
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LEN SHIPMAN
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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.
Cynthia Gentile
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