What is a Class Action suit and do you qualify?
If the infographic leaves you with lots of questions, that’s okay!
We have answered many of those questions below, and will answer more.
In fact, we have two more infographics full of details about how to make a claim, coming soon!
In a class action lawsuit, one or more people called “representative plaintiffs” sue on behalf of others who are similarly situated. This group of people together is referred to as the “class” or “class members.” One court decides all the issues in the lawsuit for all class members, except for those who exclude themselves from the class.
In this case, the Ontario Court will determine the issues for all class members in Canada (excluding Quebec); the Quebec Court will determine the issues for all class members in Quebec.
In this class action lawsuit, it is alleged that BP Organic Shingles are defective and might fail prematurely, resulting in possible damage to the home, residence, building or other structure on which they are installed. BP Organic Shingles were manufactured and distributed by or on behalf of the Defendant, and installed on homes, residences, buildings and other structures in Canada and the United States.
HERE IS A KEY POINT:
The lawsuits do not relate to damages for personal injury or consequential damages to the interior of the building, and the settlement does not affect claims for such damages.
Furthermore…
The Defendant denies the allegations asserted in the lawsuits and asserts that the BP Organic Shingles are free of any defect and, if properly installed, will last throughout the entire warranty period. However, in order to achieve certainty in terms of its ongoing obligations, the Defendant agreed to a settlement that will resolve the claims at issue in the class action lawsuit. The settlement represents a voluntary resolution of claims.
This is a good point to remember, BP did not actually do anything wrong, it was a stroke of bad luck during the shingle manufacturing process. They agreed to settle voluntarily, as opposed to being forced into something by the courts.
The problem surrounding this batch of shingles is not unique, many other manufacturers, for example IKO shingles made the same kind of material that was subject to the same problems with long term, consistent reliability.
What is unique to the BP Class Action settlement is that they have completely settled, which means they are no longer fighting their customers in court, they are allowing and approving claims, and getting new roofs on homes. IKO, is still fighting.
Click Here for IKO Class Action Lawsuit Updates
02/17 Update: IKO Has a preliminary settlement. More news coming soon!
Click here to Read Part 2: Why you shouldn’t Hate BP Shingles.
-AS
“The Website Guy”