The Plaintiff filed a lawsuit in the Alberta Court of Queen's Bench claiming that the TrueSTEAM Humidifiers were defectively designed and manufactured and deceptively marketed, primarily in relation to the alleged effects of mineral scale and sediment build-up on the units (see Alberta Court File Number 1401-11108).
Honeywell vigorously denies all claims asserted against it in this litigation and specifically denies that TrueSTEAM Humidifiers were defective or that Honeywell engaged in any wrongdoing.Top
a) Submit a claim: The only way to get a Cash Payment or Award Humidifier;
b) Opt out: Get no payment. This is the only option that allows you to be part of another lawsuit against Honeywell involving TrueSTEAM Humidifiers;
c) Object: Write to the Court about why you don't like the Settlement;
d) Do nothing: Get no payment and give up rights to assert an action against Honeywell involving TrueSTEAM Humidifiers.
The Court in charge of this case still has to decide whether to approve the Settlement. Cash Payments and Award Humidifiers will be issued if the Court approves the Settlement and after any appeals are resolved. Please be patient, and please check this website for updates.Top
In a class action, one or more people called Representative Plaintiffs sue on behalf of themselves and other people. The Court then resolves the claims asserted for all Class Members at one time.
If the Settlement is approved, it will bind all people who owned one or more TrueSTEAM Humidifiers for personal or household use between Janaury 1, 2008 and September 18, 2018, except for those who are excluded (see Question 7) or opt out (see Question 16). To be binding on Class Members, the Settlement must be approved by the Court.Top
The Court did not decide in favour of the Plaintiffs or Honeywell. Instead, both sides agreed to this Settlement.
This way, both sides avoid the potential risks and costs of a trial, and the Class Members who timely submit a claim supported by sufficient proof that they owned a TrueSTEAM Humidifier between January 1, 2008 and September 18, 2018 (See Question 10 and Question 11 will get compensation without having to commit to a full trial. The Class Representatives and counsel for the Class ("Class Counsel") believe the Settlement is best for all Class Members considering the risks of going forward to trial.Top
You are a Class Member for purposes of the Settlement if you are within Canada and owned one or more TrueSTEAM Humidifiers during the period between January 1, 2008 and September 18, 2018 for personal or household use.
However, excluded from this Settlement Class are the persons and entities listed at Question 7 below.Top
Maybe. All persons who have previously settled or otherwise resolved claims against Honeywell arising out of or in connection with a TrueSTEAM Humidifier may be excluded to the extent of the resolution of those claims and as specified in any applicable settlement agreement or release.Top
The following categories of people are not included in the Class even if they owned a TrueSTEAM Humidifier between January 1, 2008 and September 18, 2018:
a) Honeywell, any entity in which Honeywell has a controlling interest, and its legal representatives, officers, directors, employees, assigns and successors;
b) Any person that purchased the TrueSTEAM Humidifier(s) for resale, including retailers, wholesalers, distributors, and HVAC contractors/installers;
c) All Persons who timely and validly opt out of the Settlement Class; and
d) All Persons who have previously settled or otherwise resolved claims against Honeywell arising out of or in connection with a TrueSTEAM Humidifier, to the extent of the resolution of those claims and as specified in any applicable settlement agreement or release.Top
If you are still not sure whether you are eligible to submit a claim, you can call toll-free 1-800-403-3578 or email firstname.lastname@example.org for more information.Top
While disputing liability, Honeywell has agreed to settle this matter by providing all Class Members who file a timely and valid Claim Form, including sufficient proof to establish that they owned a TrueSTEAM Humidifier between January 1, 2008 and September 18, 2018, with the Class Member's choice of EITHER (1) an Award Humidifier or (2) a Cash Payment of between $40 and $50, depending upon the size of the TrueSTEAM Humidifier that the Class Member owned.
Please Note: Class Members who owned more than one TrueSTEAM Humidifier between January 1, 2008 and September 18, 2018 may file a separate Claim Form for each TrueSTEAM Humidifier they owned. However, Class Members may not file separate, additional Claim Forms for Warranty Replacements (i.e., TrueSTEAM Humidifiers provided pursuant to the TrueSTEAM Limited Warranty to replace a previously installed TrueSTEAM Humidifier). For purposes of this Settlement, all Warranty Replacements should be treated as one and the same with the original TrueSTEAM Humidifier they replaced. To illustrate, if a Class Member purchased a TrueSTEAM Humidifier in 2010, and that unit was replaced pursuant to the TrueSTEAM Limited Warranty in 2012, both the original 2010 unit and the 2012 Warranty Replacement count together as a single unit eligible for benefits under this Settlement, for which only one Claim Form may be submitted.
Claim Forms will be processed in the order received, and once a Claim Form has been honoured for a particular TrueSTEAM Humidifier, there will be no further benefits issued for that particular TrueSTEAM Humidifier under this Settlement.Top
Claimants electing an Award Humidifier may choose between ONE of the following:
Claimants may elect an Award Humidifier of a larger size/capacity than the TrueSTEAM Humidifier the Claimant owned between January 1, 2008 and September 18, 2018. Reverse osmosis water filtration kits will be included with all Honeywell Steam Award Humidifiers. Claimants must attest on the Claim Form that any Award Humidifier will be installed by a trained, experienced HVAC technician. Claimants electing the Award Humidifier option will be responsible for any installation labor costs charged by their HVAC technician and any other incidental expenses associated with the Award Humidifier. See Question 15 for more information regarding the installation requirements applicable to each type of Award Humidifier. Claimants should review this installation information in consultation with their HVAC technician in selecting the appropriate model. Please Note: In the event any of the above-listed Award Humidifier models are no longer available at the time Award Humidifiers are shipped to Claimants, Honeywell will substitute the most equivalent model available at that time.Top
Instead of an Award Humidifier, Claimants may select the following Cash Payment, depending on the size of the TrueSTEAM Humidifier they owned between January 1, 2008 and September 18, 2018:
To qualify, you must submit a Claim Form signed by you, along with any required supporting documents, which are described in Question 13 below and in the Claim Form.Top
To establish eligibility for either a Cash Payment or Award Humidifier, you must submit one of the following with your Claim Form:
Payment can take up to a year after the claims deadline.
Accurate claims processing takes a significant amount of time. Your patience is appreciated.Top
You can review the installation requirements for your Award Humidifier here.Top
The Class is represented by Siskinds LLP and Guardian Law Group LLP. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.Top
Class Counsel will ask the Court for an award of attorneys’ fees and expenses that will not exceed $150,000, inclusive of disbursements and applicable taxes.
The amount of attorneys’ fees and expenses awarded by the Court will neither reduce any of the benefits available to the Class if the full amount is awarded, nor increase the benefits available to the class if a lesser amount is awarded.Top
Claims must be filed by no later than March 18th, 2019.Top