Frequently Asked Questions

What is this lawsuit about?
The lawsuit that has been settled is entitled: In re Aspen Series BB Evaporator Coil Litigation – Case No A-14-710463-D; Dept XVI – District Court, Clark County, Nevada. The Court presiding over the action granted formal approval of a settlement of all class claims against Aspen on November 01, 2017. The Class population represents all owners of homes located in Nevada that are believed to have air conditioning systems that contain or contained Aspen Series BB evaporator coil units designed, manufactured and/or sold by Aspen (Class Members).
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Who is Total Class Solutions LLC?
Total Class Solutions LLC (“TCS”) has been appointed by the Court to administer this relief program.
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Why did I get a yellow postcard?
During the litigation of the case, a list of approximately 36,000 properties in Nevada (predominantly Clark County) was compiled by Counsel as a result of discussions with Developers, Builders, Manufacturers and Installers where it was believed that Aspen BB Series evaporator coils were utilized. However, simply because you received a yellow postcard does not mean that you are a Class Member.
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How do I know if I am part of the Settlement?
The list of 36,000 properties compiled is a best effort to reach out to homeowners who “may” be Class Members. The Claims administration is so designed that a property owner must file a claim and TCS will then verify that each claimant meets the class definition before paying a claim.

This verification will likely require that you permit an inspection of your home and/or provide adequate documentation. If you have already replaced your HVAC Unit(s), you must provide the following proof to be considered for Class relief reimbursement: (i) picture of Aspen Sticker AND (ii) proof that the system was replaced (copy of contractor invoice at the time of replacement).

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Do all Aspen coils qualify for relief under this Settlement?
No – there are various Aspen Series Evaporator Coils in existence – the two most common are “BB” and “CP”.

  • Series BB Coils are part of this Class
  • Series CP Coils are NOT part of this Class.
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How much is the Settlement?
To claim the settlement benefits, which include an initial cash payment of approximately $220 per Aspen Series BB unit in each class home, you must file a claim form.
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Filing a claim
To make a claim, Class Members must own a home meeting the class definition and submit a claim form for each such home.

Q Can I file a claim at TCS via the toll free number?
A No, a claim can only be filed online at OR by mailing a claim form to Total Class Solutions LLC, PO Box 869066, Plano, Texas 75086-9066. A claim can be filed from a smartphone or equivalent, a laptop or a traditional computer.
Q If I do not have access to a computer, how do I get a Claim Form?
A Call Toll Free (855) 684-6180 and TCS will send you a Claim Form.
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Class Period - Build Date of property and it's significance

Q What is the window for the Class Period for obtaining relief?
A It is believed that all Aspen BB Evaporator Coils were installed in homes built between 1998 and 2006. Your property must be built in that period to qualify for relief.
Q What if my house was built before 1998 or after 2006?
A You can still file a claim but the claim will denied based upon a Court decision on April 4, 2019 confirming that the Class window is 1998-2006.
Q If my home was built pre-1998 and post 2006, can I request an inspection now?
A Yes, you may request an inspection but there will be an inspection fee of $20.
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What happens if I sell my house?
  • If the house contains the original units, you file a claim, the inspection is completed and you receive an initial distribution, if a subsequent sale of the property takes place, no benefit passes to the new owner. A second distribution will be for the benefit of the original owner.
  • If the house contains the original units, you file a claim and before the home is inspected you sell the house, the settlement benefit passes to the new owner unless there is a sidebar agreement between the buyer and seller relating to the settlement relief. The new owner must file a new claim for consideration.
  • If the units have been replaced by the former owner (seller), that person is entitled to the reimbursement relief because he/she has incurred the replacement cost during his/her tenure as owner.
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What rights do tenants have to Settlement relief?
The Class Member is the individual or corporation that has title to the property – the Class Member must file the claim, schedule the inspection in conjunction with the tenant and it is the Class Member who will receive the settlement relief.
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I have a property manager. Can they file my claim and handle the relief?
A Property Manager may file a claim on behalf of a property owner if they can show proof of a contractual relationship to manage that property. Under normal circumstances, the settlement relief will only be paid to the owner and NOT to the Property Manager.
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Where are the evaporator coils located?
In most cases, the evaporator coils are housed in a silver coated box in the attic. This settlement does not relate to any repairs or replacement of the compressor unit that is housed outside. Please consider this fact when filling out the claim form as it relates to asking whether you have replaced the units? Do not go into the attic to verify your evaporator coils – our inspectors will do that.
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Inspection or not?
If you have the original HVAC units in place, and your claim submittal is approved, you will be entitled to an inspection at the discretion of the Claims Administrator.

If you have replaced the HVAC units, you may still be eligible for relief subject to filing the two documents outlined above.

If you have replaced one or more unit(s) but still have one or more original unit(s), you need to file two claims – one leading to an inspection and one leading to reimbursement consideration.
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Inspection alternative?
Q Can I take pictures of the original Evaporator Coils and submit them as a part of my claim and avoid the home inspection?
A No. The Claims Administrator (i) has to complete the evaporator coil verification and (ii) does not want homeowners climbing into the attic to take pictures and endangering themselves.
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When will I be contacted about my inspection?
It is hoped to contact the homeowner within 90 days of receiving the claim form, but the combination of a high volume of claims and summer temperatures, it has not been possible to contact homeowners as quickly as had been hoped.

If you have submitted a claim form but have not been contacted for an inspection, call toll free (855) 684 6180, but DO NOT file a second claim form.
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I was inspected two years ago. Do I have to file a claim?
Even if you were inspected approximately two years ago during the discovery stage of the litigation, you must still file a claim, but you will not be inspected again.
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When must I file my claim?
You have until July 17, 2019 to file your claim form, but the sooner the better.
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When do I get paid my Settlement relief amount?
Class members will be mailed their relief check no later than 30 days after their property has been confirmed as eligible either through the inspection process or the review of the reimbursement.
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Is $220 per unit all I am going to receive as relief?
If any settlement funds remain after all initial settlement payments have been made, the qualifying Class Members will be entitled to an additional cash payment in the future.
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