Defective and does not perform as advertised Our firm is investigating Class Action claims alleging Gossen Corporation Passport PVC Decking is defective and does not perform as advertised.
Gossen describes its Passport PVC decking product as “a revolution in the world of decking,” describing the product as being “extremely low maintenance and completely weatherable.” Gossen also states that its Passport PVC decking is a product that consumers “never have to sand, paint or seal” that “will hold its rich color for years to come” and is created with a “dense surface” that will not absorb moisture, eliminating concerns over “mold, warped boards, or splinters.”
Despite Gossen Corp.’s claims that its PVC decking can withstand weather conditions and will never split, crack, splinter, decay, warp, mold, fade, or stain, consumers are alleging that the product very easily scratches with normal foot and pet traffic and with other expected uses and activities, such as snow removal. Customers also allege that Gossen PVC decking is susceptible to both staining and discoloration and that these problems are especially significant when the decking comes in contact with other materials, such as rubber, PVC and vinyl. For example, allege consumers, this occurs with many commonly placed deck items, such as plastic flower pots, tarps, grill mats, welcome mats, and plastic and non-plastic outdoor furniture with plastic or rubber feet or end caps.
False and Misleading Advertising Claims
Gossen states that its decking offers a number of benefits, and these statements have driven consumers to purchase Gossen PVC decking for their homes. Some of the statements indicated on the Gossen website include:
- “completely weatherable”
- “extremely low maintenance”
- “you never have to sand, paint or seal”
- “will not split, crack, splinter, decay, or warp”
- “fade, mold, and stain resistant”
A photograph presented on the Gossen website, apparently meant to highlight what a Gossen PVC deck in use by consumers would look like, shows PVC furniture arranged on a typical Gossen deck. According to a number of consumer complaints, placing PVC furniture on their decks has led to deck staining and discoloration, even though use of PVC deck furniture on outdoor decks is a popular and expected practice. What’s more, some consumers have been told that placing items constructed of PVC on their decks would void the warranty.
Meanwhile, when consumers have complained to Gossen about issues with their Gossen PVC decking, they allege a variety of unsatisfactory responses received from the manufacturer. For example consumers are told that they should only place items on their decks in accordance with Gossen’s so-called “recommendations” that may be found on page 13 of its 15-page “Installation Guidelines.” These recommendations do not appear on the product warranty, marketing materials, and website, with the exception of downloadable guidelines.
Consumers are also advised that Gossen’s “Lifetime Limited Warranty” only provides for replacement boards and excludes associated expenses for other damages or labor costs and that “surface wear, scratches, and color variation” are not covered.
Need Legal Help Regarding Defects On Passport PVC Decking?
Parker Waichman LLP has successfully represented numerous consumers in product liability cases. If you or someone you know installed Gossen PVC decking and are experiencing staining, fading, scratching, discoloration, or other defects, our attorneys would like to speak with you. Please complete our online form or call our office at 1-800-YOURLAWYER (1-800-968-7529) to speak with one of our experienced Gossen PVC Decking Product Liability attorneys today.
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