A Washington homeowner has filed a proposed class-action lawsuit against Trex Company, Inc, claiming the nation's largest manufacturer of wood-alternative decking is selling flawed products, and fails to live up to its guarantee when its products fail.
Mark Okano, a Gig Harbor resident, claims his 2-year old deck made entirely from Trex product began degrading, cracking and rotting in July 2008, but the company refuses to reimburse him for the costs associated with repairing the deck -- specifically the cost of labor to remove the bad boards and install new ones.
Okano claims in his lawsuit that the company touts its product as superior to alternatives and charges high prices for the premium product, but fails customers in honoring warranties when problems arise. He claims his deck is unsafe and unusable as result of the product's faulty performance.
The lawsuit seeks to represent consumers nationwide who either purchased or obtained Trex decking material that exhibits defects including peeling, rot, splintering, checks, cracks, decomposition, flaking, bowing, expanding, swelling and more. The proposed class period ranges from Aug. 1, 2004 until present.
The lawsuit names several counts against Trex in addition to the violation of the Magnuson-Moss Warranty Act, including violations of state sales and consumer protection statutes. The suit seeks reform of Trex's warranty documents, awards for damages under state sales, warranty, consumer protection laws, trebling of damages where permitted, and punitive damages.