NOTICE OF CLASS ACTION SETTLEMENT
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Please read this Notice as it affects your legal rights.
A federal court authorized this Notice. This is not a solicitation from a lawyer.
Attention: If you own or owned a Generac home standby generator with a fuel plenum that was part of Generac’s voluntary fuel plenum inspection program, you may be entitled to benefits from a class action settlement.1
- A settlement has been proposed in a class action against Generac Power Systems, Inc. (“Generac").
- The case concerns an Inspection Notice Letter that was sent to owners of certain Generac air cooled home standby generators in specific regions of the United States for units that were manufactured between 2008–2016.
- The Inspection Notice Letter offered inspections of generators’ fuel plenums for a discounted $80 fee that would be refunded if a plenum had significant corrosion (the “Inspection Program").
- The Plaintiffs allege that Generac should not have had fees associated with the inspections, and that doing so amounted to a breach of Generac’s express or implied warranties.
- Generac denies any liability and has moved to dismiss the Plaintiffs’ claims. The parties subsequently settled the lawsuit in order to avoid the costs, uncertainty, and inconvenience of litigation.
- The Settlement provides three kinds of potential benefits to Settlement Class Members: reimbursement, inspection, and, if necessary, replacement.
- First, Settlement Class Members who paid for an inspection of their Class Generator pursuant to the Inspection Program and the Inspection Notice Letter can file a claim (a “Reimbursement Claim”) for a refund of their unreimbursed, out-of-pocket $80 inspection fee.
- Second, Settlement Class Members who have not had their generator plenum inspected through the Inspection Program can submit a claim for a cost-free plenum inspection of their Class Generator by an Authorized Service Dealer (an “Inspection Claim”). To do so, Claimants must: (i) attest that the Class Generator has not received general maintenance or service from an Authorized Service Dealer since the start of the Inspection Program; (ii) attest that, although the Class Generator has received general maintenance or service from an Authorized Service Dealer since the start of the Inspection Program, it nevertheless was not examined for corrosion on the plenum surface (and must submit a supporting narrative statement to that effect with their claim); or (iii) attest that the Class Generator has corrosion on the plenum surface (and must submit supporting photographic evidence with their Inspection Claim).
- Third, if inspections of the Settlement Class Members’ Class Generators finds corrosion on the plenum surface, they are eligible for a free replacement of the fuel plenum (inclusive of parts and labor) to be performed by a Generac Authorized Service Dealer.
- The Court has preliminarily approved the Settlement. This Notice provides information about the Lawsuit, the Settlement, and your options as a Settlement Class Member.
|YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Submit a Claim
To receive a benefit, you must submit a Claim Form by September 25, 2023. Instructions explaining how to submit a Claim Form can be found under Frequently Asked Question 9.
Deadline: August 26, 2023
To exclude or opt-out, you must submit your request so that it is postmarked by August 26, 2023. This option allows you to sue or continue to sue Generac regarding claims that Generac should have provided free generator plenum inspections to owners of Generac home standby generators subject to the Inspection Program and that not doing so amounted to a breach of an express or implied warranty. If you opt out, you will not be bound by any of the terms of the Settlement but you will also not be entitled to submit a Claim Form for benefits under the Settlement or object to the terms of the Settlement. Additional information on how to exclude/opt-out can be found under Frequently Asked Questions 13 and 14.
Deadline: August 26, 2023
|You are entitled to submit a written objection telling the Court what you do not like about the Settlement. To object to the Settlement, you must submit your objection so that it is postmarked by August 26, 2023. Additional information on how to object can be found under Frequently Asked Question 15.
Attend the Final Approval Hearing Scheduled for September 27, 2023
|You are entitled to attend the Final Approval Hearing at which the Court will consider whether to grant final approval of the Settlement. The date and time of the Final Approval Hearing may be changed by the Court. Please check this website for updates.
|If you are a Settlement Class Member and do nothing, you will be bound by the terms of the Settlement if it is approved by the Court, whether or not you submit a Claim Form, and you will be subject to the Release set forth in the Settlement.
1. The definition of any capitalized term not defined herein can be found in the Settlement Agreement which can be downloaded under the Case Documents tab of this website.