TIMOTHY LEWIS, et. al. v. PGT INDUSTRIES, INC.

Case No. 502013CA011785XXXXMB

Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida

Frequently Asked Questions

  1. Basic Information

  2. Why is this a class action?

    In a class action, one or more people, called Class Representatives (in this case, Timothy Lewis, Eileen Lewis, and Dennis Wytrykush), sue on behalf of all people who have similar claims. All these people together are a “class” or “class members." For efficiency, the Court resolves the issues for all of the class members, except in circumstances where individuals can decide to exclude themselves from the class (or “Opt-Out”).

  3. What is this class action about?

    The Claims Notice is sent as the best possible form of notice to owners of Florida residential properties in which the PGT Winguard Aluminum 700 Series Windows and Doors including, but not limited to, fixed windows, hung windows, horizontal sliding windows, sliding glass doors, and French doors (“Window Product(s)”), have been installed from July 19, 2003 until July 19, 2013, who have made a prior Claim and/or have purchased Window Product(s) consistent with the same component configuration as those which were used to construct Window Product(s) belonging to the Class Representatives.

  4. Why is there a settlement?

    Under the Settlement Agreement, in exchange for giving up certain legal rights, Settlement Class Members, depending on your circumstances, will have the opportunity to (1) obtain a free replacement of their Window Product(s) or a $500 refund or (2) submit a claims form with accompanying documentation to recover a maximum of $1,000 in insurance deductible amounts paid. The Parties have agreed to settle the lawsuit to avoid the time, risk, and expense of pursuing the lawsuit through trial and appeals, and to achieve a final resolution of the claims. The Class Representative and Class Counsel think the Settlement is best for everyone in the Class.

  5. Who is in the Class?

  6. Who is in the class?

    The Class includes all owners of Florida residential property in which PGT Winguard Aluminum 700 Series Windows and Doors including, but not limited to, fixed windows, hung windows, horizontal sliding windows, sliding glass doors, and French doors, have been installed from July 19, 2003 until July 19, 2013.

  7. Settlement Benefits

  8. What does the settlement provide?

    Depending on your circumstances and/or submitted documentation, you may be entitled to a refund of as much as $1,000.00 in insurance deductible reimbursements or either a $500.00 refund or replacement of your Window Product(s).

  9. What am I giving up to receive a payment, replacement window product(s) or to stay in the class?

    Unless you exclude yourself, you are staying in the Class. That means that you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about the legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you. You also agree to release all claims against the Defendant, including all claims asserted in this litigation and claims relating to all acts or omissions relating to refunds on your paid insurance deductibles.

  10. Excluding Yourself from the Settlement

  11. How do I opt out of or object to the settlement?

    If you want to keep the right to sue or continue to sue the Defendant on your own about the legal issues in this case, then you must take steps to get out, or opt out.

    To exclude yourself from the Settlement, you must send a letter by mail saying that you want to be excluded from TIMOTHY LEWIS, et. al. v. PGT INDUSTRIES, INC., Case No. 502013CA011785XXXXMB. Be sure to include your name, address, telephone number, and your signature. You must mail your exclusion request to:

    Florida Window Settlement Administrator
    1650 Arch Street, Suite 2210
    Philadelphia, PA 19103.

    Your exclusion request must be received no later than March 10, 2020. You cannot exclude yourself on the phone or by e-mail.

    If you exclude yourself, you will not receive any benefits from the Settlement or the opportunity to make a claim for a refund or window replacement, and you cannot object to the final judgment in the litigation. You will not be legally bound by anything that happens in this lawsuit and Settlement. You may be able to sue (or continue to sue) the Defendant in the future.

    Settlement Class Members also have the right to object to the Settlement. Any Settlement Class Member who wishes to object to the fairness, reasonableness or adequacy of the Settlement Agreement, the proposed Settlement, the award of Attorneys’ Fees, or any other term or terms of the Settlement Agreement must serve the objection on Class Counsel and Defendant’s Counsel and file with the Court a Notice of Intent to Object or be forever barred from so objecting. Such Notice of Intent to Object must be addressed to the Clerk of the Court, and reference this suit, TIMOTHY LEWIS, et. al. v. PGT INDUSTRIES, INC., Case No. 502013CA011785XXXXMB, and include: (1) a statement of each objection being made; (2) a detailed description of the legal authorities underlying each objection; (3) a statement of whether the objector will appear at the Fairness Hearing; (4) a list of witnesses whom the objector may call by live testimony, deposition testimony, or affidavit during the Fairness Hearing; (5) a description of the testimony to be offered; and (6) a list of the exhibits that the objector may offer during the Fairness Hearing, along with copies of those exhibits. All objections must be received no later than March 10, 2020. If the objector fails to comply with this procedure for making objections, any objection will be waived.

  12. If I do not exclude myself, may I sue PGT Industries, Inc. For the same thing later?

    No. Unless you exclude yourself, you give up the right to sue the Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit.

  13. If I exclude myself, can I receive money from this settlement?

    No. If you exclude yourself, you may not send in a Claim Form to ask for any money or relief.

  14. The Lawyers Representing You

  15. Do I have a lawyer in this case?

    The law firms of Liggio Law and Gordon and Partners represents you and all the other Settlement Class Members in this case. These lawyers are called Class Counsel. If you want to be represented by your own lawyer, you may hire a lawyer at your own expense.

  16. The Court's Fairness Hearing

  17. Where and when will the court decide whether to approve the settlement?

    The Court will hold a hearing on April 24, 2020, at 1:30 p.m. at the Judge Daniel T.K. Hurley Courthouse, Courtroom 11-C, 205 North Dixie Highway, West Palm Beach, FL 33401, Florida. At this hearing, the Court will consider the fairness, reasonableness and adequacy of the proposed settlement and to determine whether the settlement should be finally approved. You do not have to attend the hearing, but you are welcome to attend at your own expense.

  18. Getting More Information

  19. Where can I learn more about the settlement?

    The notice summarizes the proposed Settlement. More details are in the Settlement Agreement. If you have questions regarding this Settlement, you may contact the Claims Administrator by phone at (844) 599-4606 or by mail at: Florida Window Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. Please do not contact the Court.