Elder v. Reliance Worldwide Corporation

If the Court approves the Settlement, RWC will pay $3.8 million into a Settlement Fund. A portion of those funds will be distributed to Settlement Class Members who file valid Replacement Remedy and Damages Remedy claims, as described below:

Replacement of Water Heater Connectors (“Replacement Remedy”)

For eligible claims submitted by August 21, 2024, Settlement Class Members can receive a cash reimbursement of $15 for each replacement Water Heater Connector (up to two Water Heater Connectors per household or other structure). The maximum cash payment for replacement of the Water Heater Connectors is $30 per household or other structure. These payments will be paid out of the Settlement Fund and may be prorated down, along with the Damages Remedy payments, as described in the Damages Remedy section below.

In the alternative, Settlement Class Members can receive up to two replacement Water Heater Connectors supplied by RWC of the same type and size as the one(s) they possess. Replacement Water Heater Connectors will come with RWC’s standard 2-year warranty. You will not have to pay for shipping.

To receive benefits, you must provide proof that a Water Heater Connector was in the property or structure you owned or leased, which may include any one of the following: a label for the Water Heater Connector, a photo of the Water Heater Connector’s label, a photo of the Water Heater Connector’s date code, or proof of purchase of the Water Heater Connector.

Payment of Property Damages Due to Failure (“Damages Remedy”)

For eligible claims submitted by August 21, 2024, Settlement Class Members can recover costs of repairs for property damage caused by the deterioration of the rubber liner of a Water Heater Connector (e.g. cost of replacement of faucets or fixtures) and either the costs incurred using a plumber, contractor, handyman, etc. repairing the damage, or reimbursement for up to four hours of time you personally spent repairing the property damage at a rate of $25 per hour.

The Claims Administrator will review claims to determine whether they are eligible and timely and pay the approved amount of the claims.

If the amount of approved Damages Remedy and Replacement Remedy cash claims is greater than the total amount available to settle all valid claims submitted by all Settlement Class Members, these claims will be prorated as follows. First, Damages Remedy claims will be prorated down in equal percentages until the amount payable to valid Damages Remedy claims equals twenty-five percent of the total amount of valid Damages Remedy claims. If, after this initial proration of the Damages Remedy claims, the total amount available is still insufficient to pay all claims for cash reimbursement under the Replacement Remedy, the claims for cash reimbursement under the Replacement Remedy will be prorated down in equal percentages.

To support your claim, you must submit reasonable available evidence that an eligible Water Heater Connector’s liner deteriorated and caused property damage, including, but not limited to, any one of the following:

• The Water Heater Connector that allegedly failed, if available;
• Any available photographs of the Water Heater Connector;
• Available labels, packaging, or proof of purchase related to the Water Heater Connector;
• Evidence that the Water Heater Connector deteriorated and was the cause of the damage; and
• Evidence of the damage and cost of repair, such as photographs depicting the damage caused by the Water Heater Connector and receipts for the costs incurred to remedy the damage.

The remainder of the Settlement Fund will pay for settlement administration and notice costs, any award of attorneys’ fees and expenses, and any Court-approved Service Awards to the Class Representatives.

The lawsuit alleges that RWC manufactured Water Heater Connectors that contained rubber liners prone to deterioration and flaking under certain conditions. The lawsuit asks for, among other things, replacement products to be provided, money to be paid to people who had to replace their Water Heater Connectors or to repair property as a result of the rubber deterioration of the Water Heater Connectors.

RWC and Home Depot deny all the claims and allegations in the lawsuit and deny they acted improperly or did anything wrong.

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people with similar claims are the “Class” or “Settlement Class Members.” A single court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement (see FAQ 11-FAQ 13).

The Court did not decide in favor of Plaintiffs or RWC and Home Depot. Instead, all sides agreed to settle this case to avoid the cost and risk of a trial. The Settlement does not mean that any law was broken or that RWC or Home Depot did anything wrong. RWC and Home Depot deny all legal claims and allegations in this case. The Class Representatives and their lawyers think the Settlement is best for all Settlement Class Members.

The parties and the Court have selected a Claims Administrator to receive Class Members’ Claim Forms. You must follow the instructions on the Claim Form to receive compensation under the Settlement. All Claim Forms must be submitted along with any necessary supporting documents, evidence, or information. Claim Forms may be submitted online here or mailed by first-class United States Mail, postage prepaid, to the Claims Administrator: RWC Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360.

You cannot submit your Claim Form and accompanying materials by telephone. If you change your address and want to receive a Claim Form or any payment owed to you at your new address, you should notify the Claims Administrator of your new address by sending written notice of your change of address to the Claims Administrator at the address above.

Claim Forms are available online here or by calling 1-877-763-0190. Or you may request one by writing to RWC Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360.

The Court has decided that everyone who fits the following description is a Settlement Class Member:

“All persons and entities who purchased for direct consumption or use and not for resale, a Water Heater Connector or who own, owned, lease, or leased, a residence or other structure located in the United States during the time that such residence or structure contained a Water Heater Connector.”

Excluded from the Class are: (a) Anyone who resolved their Water Heater Connector claims with any Released Party through Settlement or final judgment except as provided for by way of the Settlement Agreement; (b) RWC, Home Depot and their affiliates, except that individual employees of the foregoing shall not be excluded from the Class to the extent they have a valid claim pursuant to the terms of the Settlement Agreement; (c) Anyone who purchased a Water Heater Connector solely for resale; (d) Anyone who returned a Water Heater Connector they purchased or otherwise received a refund and/or replacement for their purchase; (e) The presiding District Judge in the Class Action and her immediate family; and (f) Anyone who timely requests to be excluded from the Settlement Class.

The following can help you identify whether you may have a Water Heater Connector covered by this Settlement:

A label on the Water Heater Connector that looks similar to the labels in the following photos:
A shark insignia or date code located on the push fitting of the Water Heater Connector:

If you are still not sure whether you are in the Settlement Class, or have any other questions about the Settlement, you can call the RWC Claims Administrator at 1-877-763-0190; or you may write to RWC Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360.

Validation of Claims for Benefits. The Claims Administrator will begin reviewing all timely submitted Claim Forms upon receipt. The Claims Administrator will evaluate your claim based on the supporting documents, evidence, or information you provided.

Denial of Claims for Benefit. If your Claim Form and accompanying materials do not meet all of the requirements of the Settlement, or any requests by the Claims Administrator to supplement your Claim, the Claims Administrator will deny your claim as “invalid,” you will not receive any payment, and you will be informed in writing of that decision. Challenges to the decision of the Claims Administrator, other than a challenge based on the proration of claims, can be filed with the Claims Administrator. The procedure for filing such a dispute will be included in the correspondence providing your claims decision. Any dispute not satisfactorily resolved shall be submitted to the Court for a final determination.

Payment of Validated Claims for Benefits. If you submit a Claim Form and the Claims Administrator determines that your Claim Form and the accompanying materials are valid, the Claims Administrator will send your compensation to you after it has processed all of the Claims submitted timely.

No Payment Until After the Judgment Approving the Settlement Becomes Final and Any Appeals of that Judgment are Exhausted. The Claims Administrator will not make any payments to Settlement Class Members until the Court grants final approval of the Settlement and until any appeals are fully resolved.

If the Settlement becomes final, Settlement Class Members who submit a claim or do nothing will be “releasing” RWC, Home Depot and the Released Parties from all of the Released Claims as described in paragraphs 96-103 of the Settlement Agreement. This means you will no longer be able to sue RWC, Home Depot and the Released Parties regarding any of the Released Claims described in the Settlement Agreement.

The Settlement Agreement is available here. The Settlement Agreement provides more detail regarding the release and describes the released claims in greater detail, so read it carefully. You can talk to the lawyers representing the Settlement Class listed in the section “The Lawyers Representing You” (FAQ 14) for free or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

No. If you exclude yourself, you may not submit a claim for any benefits under the Settlement and you cannot object to the proposed Settlement. If you ask to be excluded, you may sue or bring a different lawsuit against RWC and/or Home Depot in the future relating to the Water Heater Connectors. You will not be bound by this class action settlement. If you exclude yourself, but also file a claim, your claim will be processed, and your exclusion will not be valid.

No. Unless you exclude yourself, you give up the right to sue RWC and Home Depot for all of the claims resolved by this Settlement. You must exclude yourself from the Settlement Class to start or continue your own lawsuit relating to the claims in this case.

To exclude yourself from the Settlement and the Settlement Class, you must send the Claims Administrator a written request that contains the following:

1. The name of the lawsuit: Elder, et al. v. Reliance Worldwide Corporation, et al., Case No. 1:20-cv-01596-AT.
2. Your full name, current address, telephone number, and email address.
3. Whether you own(ed) or rent(ed) a residence or structure containing a Water Heater Connector, and proof that you purchased a Water Heater Connector not for resale (such as photographs, installation records, receipts, etc.).
4. The address of the property(ies) that contain or have contained the Water Heater Connector.
5. A specific request to be excluded from the Settlement Class.
6. Your original signature (even if you are represented by an attorney) and the date on which you signed it.
7. Your attorney’s signature, if you are represented by one.

You must mail your completed request for exclusion by September 21, 2024 to: RWC Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360.

If you do not file your request on time and include the information above, you will remain a Settlement Class Member. That means you will lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement, if it receives final judicial approval.

You cannot ask to be excluded on the phone, by email, or online.

Yes, the Court has appointed Tina Wolfson of Ahdoot & Wolfson, PC, 2600 W. Olive Ave, Suite 500, Burbank, CA (Tel: 888-333-8996) and Stephanie A. Casey of Colson Hicks Eidson, 255 Alhambra Circle, Penthouse, Coral Gables, FL (Tel: 305-476-7400), to represent you and other Settlement Class Members. Together, the lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

If you hire your own attorney, and you intend to object to the Settlement (pursuant to the procedures outlined in FAQ 16 below), your attorney must file an appearance no later than September 21, 2024, with the Clerk of Court. If you do not exclude yourself from the Settlement, you will continue to be a Settlement Class Member, even if you are represented by your own attorney. You will be responsible for any fees and costs charged by your own attorney.

The Settlement Fund of $3.8 million will be used to pay the costs of class notice and claims administration, including the costs of mailing the Long-Form Notice and distributing any payments owed to Settlement Class Members under the Settlement. If the Settlement is approved by the Court, Class Counsel will ask the Court for reasonable attorneys’ fees and reimbursement of litigation costs of up to $2,300,000. Any amount awarded by the Court will also be paid out of the Settlement Fund.

If you do not exclude yourself from the Settlement Class, you may object to the certification of the Settlement Class, to the terms of the proposed Settlement, or to Class Counsel’s request for attorneys’ fees or expenses.

To do so, you (or your own attorney) must file your objection with the Court or provide your objection in writing by first class mail to the Claims Administrator no later than September 21, 2024, with the following information:

1. The name of the lawsuit: Elder, et al. v. Reliance Worldwide Corporation, et al., Case No. 1:20-cv-01596-AT.
2. Your full name, current address, telephone number, and email address.
3. Whether you own(ed) or rent(ed) a residence or structure containing a Water Heater Connector, and proof that you purchased a Water Heater Connector not for resale (such as photographs, installation records, receipts, etc.).
4. The address of the property(ies) that contain or have contained the Water Heater Connector.
5. The nature of your objection, the facts underlying the objection, and whether or not you intend to appear at the Final Approval Hearing.
6. All evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection.
7. Whether you (or your attorney if you are represented) have objected to a class action settlement before. If so, identify those cases by case name, court, and case number.
8. Your original signature (even if you are represented by an attorney) and the date on which you signed it.
9. Your attorney’s signature (if you are represented by one).

If you object to the Settlement, one or both sides may want to take your deposition, and you must make yourself available within a reasonable timeframe.

If you want to appear at the Final Approval Hearing, on your own behalf (or through your own attorney) and speak in court, you (or your attorney) need to file a Notice of Intent to Appear with the Court. This Notice needs to list the subjects you will talk about.

If you would like to file your objection directly with the Court without an attorney, you need to mail it to the following address: Clerk of Court, Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303-3309. You can alternatively send your objection via first-class mail to the Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360.

If you do not file your objection on time and include the information above, you will lose the opportunity to have your objection considered at the Final Approval Hearing. You will also not be able to object to approval of the Settlement or appeal any of the Court’s decisions in connection with the Settlement.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the Settlement and you will not be eligible to apply for any benefits under the Settlement because the case no longer affects you.

On October 21, 2024, at 10:30 a.m., the Court will hold a public hearing in Courtroom 2308 of the United States District Court for the Northern District of Georgia, located at the U.S. Courthouse, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. The Court will decide whether the Settlement is fair, adequate, and reasonable and should be finally approved. The Court will also consider Class Counsel’s request for attorneys’ fees and expense reimbursement and any objections. This hearing may be delayed or rescheduled by the Court. If that happens, the Claims Administrator will post the new hearing date on the home page of this settlement website here and Class Counsel will provide notice to those Settlement Class Members who have filed timely objections. Settlement Class Members who object to the Settlement are not required to attend the Final Approval Hearing. If you want to speak in Court to object to the Settlement, either personally (or through your own attorney), you must notify the Court of your intention to appear at the Final Approval Hearing (see FAQ 16).

No. Class Counsel will answer any questions the Court may have regarding the Settlement. However, you are welcome to attend the hearing at your own expense. If you send in a written objection, you do not have to attend the Final Approval Hearing to discuss your objection. If you mailed your written objection on time, the Court will consider it. Your own lawyer may attend the Final Approval Hearing at your expense, but their attendance is not necessary.

The Long-Form Notice summarizes the proposed Settlement. More details are in the Settlement Agreement. You can view the Settlement Agreement here. You may also write with questions to RWC Claims Administrator, P.O. Box 2360, Portland, OR 97208-2360. You can get a Claim Form here, or have a Claim Form mailed to you by calling 1-877-763-0190. If you have questions for Class Counsel, you may contact them as follows: Tina Wolfson of Ahdoot & Wolfson, PC, 2600 W. Olive Ave, Suite 500, Burbank, CA 91505, and Stephanie A. Casey of Colson Hicks Eidson, 255 Alhambra Circle, Penthouse, Coral Gables, FL 33134, You may also get advice and guidance from your own private attorney at your own expense.

Please do not write or telephone the Court regarding the Long-Form Notice, except for any objections and any Notice to Appear (as discussed in FAQ 16), which should be filed with the Court.

Replacement of Water Heater Connectors (“Replacement Remedy”)

At the conclusion of the Replacement Claims Period, the Claims Administrator shall provide RWC with a report of the number of valid Replacement Remedy claims submitted and the number of each size and type of replacement Water Heater Connectors needed to fulfill all valid Replacement Remedy claims in which a replacement Water Heater Connector is requested. Within forty-five (45) days of RWC’s receipt of the report from the Claims Administrator, RWC will supply the Claims Administrator with a sufficient number of Replacement Remedy Water Heater Connectors to fulfill the valid Replacement Remedy claims electing to receive a replacement Water Heater Connector. All claims for cash reimbursement under the Replacement Remedy shall be paid by the Claims Administrator within thirty (30) days of the conclusion of claims verification of such Replacement Remedy claims or within thirty (30) days after the Effective Date, whichever is later.

Payment of Property Damages Due to Failure (“Damages Remedy”)

All Damages Remedy claims must be made within the Damages Claims Period and will be paid within thirty (30) days after the conclusion by the Claims Administrator of the evaluation of all submitted claims or within thirty (30) days of the Effective Date, whichever is later.

If you have not heard from the Claims Administrator within 90 days of claim submission, please assume that nothing further is needed for your claim. If anything further is needed, you will receive a request either through email or USPS.

Please submit in writing your full name, previous address, and the address of the property the claim is regarding. Additionally, please provide the requested name change and/or change of mailing address.