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Carrier Furnaces
This Washington state-wide class certification notice program involved class members who owned defective high-efficiency furnaces. The program was designed to reach the class members and provide them with an opportunity to see, read and understand their rights under the class certification. Shortly after the implementation of the certification notice program, the parties reached a nationwide settlement in the U.S. and Canada.
The U.S. program targeted homeowners, and a variety of notice methods were used to reach the class, including individual notice to known class members who filed warranty registrations, consumer publication notice, a national informational press release, radio public service announcements, notice to dealers and distributors of high efficiency gas furnaces, and a settlement website.
The Canadian notice program included two cases; one in the Ontario Superior Court of Justice and one in the Superior Court of Québec. By combining the settlements into one notice program, the defendants were able to save money, yet still effectively and adequately reach the classes. The Canadian Notice programs were also designed to reach class members regardless of where they live, and provide them with ample opportunities to see, read and understand the notice and their rights and options under the proposed settlements. The Notices that were published and distributed throughout Québec were in French. Notice was also published in Inuktitut for Inuktitut-speaking class members.
Each notice program, as designed and implemented, was successful in reaching class members and providing them with multiple opportunities to learn about the settlements. The U.S. notice program reached over 80% of homeowners. The Canadian notice program reached over 82% of Canadian homeowners. Detailed final report affidavits were submitted to each Court and illustrated the effectiveness of each campaign. The Courts agreed with our strategies and calculations when granting final approval to the settlements. Judicial Comments
