Case Update March 2012
The litigation has been going on for about 3 years. At this point we have concluded the Class Certification Discovery phase of the litigation. A Motion for Class Certification was filed on January 5, 2012 and we are currently awaiting a ruling on that Motion. We are hopeful for a decision late this summer or upcoming fall, although the judge may take more time. We will update those people who have contacted us regarding the ruling on our Motion for Class Certification.
There is no official way for potential class members to join the suit at this point. Until the Court rules on class certification we only have individual cases in eight states; Illinois, Iowa, Massachusetts, Michigan, New Jersey, New York, Ohio, and Vermont. If class certification is granted class members, as defined by the court, will receive notice. Our goal is to achieve a nation wide resolution for consumers. You may fill out our "Contact Us" form to be kept abreast as the litigation moves forward. At this point filling out our contact form is all that is required of you. If there is a settlement in future, we will update those people who have contacted us and let them know if they are eligible to participate in any potential settlement and what they will need to do in order to do so.
Many who contact us do so because they have gone through the warranty process with IKO and have received a good will release offer. You may choose to accept this offer, but in doing so you may release your claims against IKO and would most likely not be able to participate in any potential class action settlement. Our suit seeks damages outside of a pro-rated or materials cost, including things such as labor, tear-off etc., although we can make no guarantees of any particular outcome.
Alternatively, you may choose to pursue a lawsuit on your own, in which case you should contact a local attorney.