Frequently Asked Questions
1) How does the class action work?
There are nine Named Plaintiffs who are listed in the case caption of the case. Halunen & Associates, along with several other law firms, is working with these individuals to achieve a fair resolution for everyone in the class. If there is a settlement agreement or judgment in favor of the Plaintiffs, potential class members (consumers who have defective IKO organic shingles) will be notified about settlement. As in all litigation, there are no guarantees of any particular outcome.
2) Does it matter what state I live in?
It may. We are in the process of filing for national class certification, which would mean that the class action would involve consumers nationwide. But the decision of who will be in a class is up to the court, and we cannot guarantee who will be part of a class. We are also working with a firm in Canada. Anyone in the U.S. or Canada can submit a contact form.
3) Can I make an individual warranty claim directly to IKO and still be involved in the class action?
It is up to you if you want to contact IKO about an individual warranty claim. If IKO makes you a warranty offer, you can decide if you want to accept it. If you do accept IKO's offer, you may release your claims against the company, in which case you would likely not be able to participate in a class action settlement. You may also choose not accept IKO's offer and wait to see how the class action turns out. Making a claim to IKO establishes an official record of your problem. However, please note that warranty offers from IKO may expire shortly after the offer is made, and there are no guarantees of any particular outcome in this litigation.
4) Can I still participate if I repair or replace my roof?
You can repair or replace your roof without jeopardizing your ability to participate in the class action, as long as you keep a record of the condition of the roof before it was replaced, including photos, documents that prove you owned organic IKO shingles, and samples of the defective shingles.
5) What kind of evidence should I keep?
It is important for you to maintain records of your situation, including photographs, samples if you have the roof replaced, and any paperwork you have relating to the roof. However, please do not send any of this information to our offices at this time, unless it is through our shingle sample process, in which case you will receive specific instructions on how and where to send the samples.
6 )Are there any deadlines to be aware of for the class action?
Not right now. The lawsuit is still in the early stages. Class actions such as this one move slowly and can often take several years.
7) Am I committing myself to being involved in the class action by contacting Halunen & Associates or by filling out the contact form?
No. You are under no obligation to our law firm, and you have no obligation to become a class member if the case is eventually resolved.
8) Am I “officially part of the lawsuit” now that I have submitted a contact form?
No. There is no official way for potential class members to join the suit at this point. If you would like to pursue a lawsuit on your own, you should contact an attorney. If there is a settlement in the future, we will update those who have contacted us and let them know what they would need to do in order to opt-in or opt-out of the settlement. A future process may include filling out official claim paperwork and sending in evidence of the defective shingles to whomever is processing claims.
9) What will Halunen & Associates do with the information I provide?
We will keep your contact information in a database and send you updates as the case progresses. We may use information you send us about your shingles to strengthen the case. We do not share information with vendors or builders.
10) Is there a cost to be involved in the lawsuit?
No. There is no out-of-pocket cost to consumers to be involved in the lawsuit. Any fees and expenses will be negotiated separately between the Plaintiffs' attorneys and IKO.
11) How much money can I expect if the lawsuit is successful?
While we are pursuing the costs associated with replacing defective shingles (such as labor, tear-off, and material costs), there are of course no guarantees as to how much consumers would be able to recover. At this point, since we are still in the early stages of the lawsuit, there is not a specific formula or amount being considered. A potential recovery would likely be based on the age and size of your roof.
12) Are the shingles I have the same ones that the class action is dealing with?
This class action involves IKO shingles made with organic materials. Please visit the Shingle List page to see if your shingle type is included.