The class has been certified in a nationwide lawsuit filed against Trex Company, Inc., on behalf of persons who purchased Trex decking materials between 1992 and 2004. The action alleges that Trex is defective and does not meet its marketing and warranty assertions, in violation of state consumer protection laws. Persons eligible to take part in the action may contact the attorney for the class for more information.
The action alleges that Trex alternative decking is defective-- discoloring, rotting, crumbling, and degrading-- long before its 10-year warranty has expired. Apparently, the material was originally sold with a 99-year warranty, but that was changed relatively soon after marketing started. The lawsuit seeks to force Trex to pay for repair costs or to replace defective material and cover costs of sealants. In a separate claim, the class of consumers alleges Trex violated the New Jersey Consumer Fraud Act by breaching its warranty. Unspecified damages are sought for this claim, based on the 15% higher price Trex charges compared to most pressure-treated lumber products.
In 2000, Trex settled a $14.7 million lawsuit by a New Hampshire lumber distribution company over alleged fraudulent business practices by Trex. Coastal Forest Products of Bedford, NH, claimed Trex misled the company by touting Trex products as maintenance free. Coastal alleged the products have a propensity “to disintegrate, crumble, turn pink, turn blue, spot, bubble, blister, contain lumps, contain hidden defects such as metal objects that work their way to the surface, or grossly warp if exposed to sunlight or weather.” Coastal also claimed that Trex failed to honor its replacement and refund warranties.