Notice of Class Action Settlement

DISTRICT COURT, CLARK COUNTY, NEVADA
IN RE: ASPEN SERIES BB EVAPORATOR COIL LITIGATION
CASE No. A-14-710463-D; DEPT. No. XVI

THE DEADLINE TO FILE A CLAIM HAS NOW PASSED.

The inspection program is now closed as of close of business October 15, 2019 for claims filed timely. The population for Class relief is now finalized.



CLASS ACTION UPDATE - BREAKING NEWS - READ CAREFULLY

CLAIMS BAR DATE:

In a recent hearing, the Court confirmed that the current Claims Bar Date of July 17, 2019 (the date by which claims have to be filed to be considered for settlement relief) will NOT be extended. Any claims received after July 17, 2019 (unless received through the U.S. Postal System with a postmark no later than July 17, 2019), will be denied the opportunity for settlement relief. All claims filed timely and considered eligible for an inspection, will be inspected no later than August 31, 2019. Inspections will continue after July 17, 2019 for claims filed timely.

SETTLEMENT RELIEF PER EVAPORATOR COIL INCREASE:

The initial distribution under the Class Action Settlement was set at $220.32 per evaporator coil. Based upon the response to date, it is anticipated that a second distribution will be made later this year to those individuals who have already filed a claim and received settlement relief. It is likely that the second distribution will be an additional $2,000 +/- per evaporator coil.

IF YOU HAVE ALREADY FILED A CLAIM AND RECEIVED AN INITIAL SETTLEMENT RELIEF CHECK, YOU DO NOT HAVE TO TAKE ANY ACTION TO RECEIVE THE SECOND DISTRIBUTION WHEN IT HAPPENS LATER THIS YEAR – ONLY CONTACT THE ADMINISTRATOR IF YOUR MAILING ADDRESS CHANGES.

IF YOU HAVE ALREADY FILED A CLAIM BUT HAVE NOT BEEN INSPECTED DO NOT FILE A NEW CLAIM

TO:

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").

ATTENTION:

The Court presiding over the action identified above ("Class Action") granted formal approval of a settlement of all class claims against Aspen on November 01, 2017. Thereafter, the Court granted eligible Class Members 18 months from January 17, 2018 to claim the settlement benefits, which include an initial cash payment of approximately $220 per Aspen Series BB unit in each class home.

Simply because you received the Notice does not mean you are a Class Member. To make a claim, Class Members must own a home meeting the class definition and submit a claim form for each such home. Please visit the Submit a Claim page to file a claim online or call the Claims Administrator, Total Class Solutions, LLC ("TCS"), to receive a claim form. TCS must 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).

Failing to file a claim and allow TCS to complete the verification process within the allotted time may result in you forfeiting all of the settlement benefits currently available to you. If any settlement funds remain after TCS makes all initial settlement payments, the qualifying Class Members will be entitled to an additional cash payment in the future.

YOUR CLAIM STATUS

If you have filed a claim and have not yet been contacted to schedule an inspection of your property, DO NOT file another claim. If you received an email confirmation after filing your claim, we have received your claim and it is not necessary to file an additional claim for that same property.

Contact us toll free at (855) 684-6180 if you are not sure whether your first claim was accepted.

If your property has already been inspected and was approved for Settlement relief, your Settlement payment should be processed within 45 days of the date your claim inspection occurred.

INSPECTION STATUS

We currently have inspectors working full-time in the following zipcodes:

  • 89002, 89005, 89011, 89012, 89014, 89015, 89030, 89031, 89032, 89044, 89052, 89074, 89081, 89084, 89085, 89086
  • 89104, 89106, 89108, 89110, 89113, 89115, 89117, 89118, 89119, 89121, 89122, 89123, 89128, 89129, 89130, 89131, 89134, 89135, 89138, 89139, 89141, 89142, 89143, 89144, 89145, 89147, 89148, 89149, 89156, 89166, 89178, 89179, 89183

As more zipcodes are released, you will be contacted by someone to schedule the inspection of your property.

PLEASE BE PATIENT. Summer temperatures have impacted our ability to perform inspections due to the coils being located in attics.