Sauder Schelkopf filed a class action lawsuit against Generac Power Systems, Inc. (“Generac”). The case concerns an Inspection Notice Letter that was sent to owners of certain Generac air-cooled home standby generators in specific regions of the United States for units that were manufactured between 2008–2016. The Inspection Notice Letter offered inspections of the generators’ fuel plenums for a discounted $80 fee that would be refunded if a plenum had significant corrosion (the “Inspection Program”). The Plaintiffs claimed that Generac should not have had a fee associated with the inspection, and that doing so amounted to a breach of its express and implied warranties. The parties subsequently settled the lawsuit.
We encourage you to submit a claim as soon as possible. Please visit www.fuelplenumsettlement.com for more information regarding the settlement, and to submit your claim. A copy of the court-approved notice is also available on the settlement website and can be accessed by clicking here.
The proposed settlement includes: (1) all current or former owners of a Class Generator who paid an Inspection Program fee up to $80 that was not reimbursed prior to the Preliminary Approval Date, and (2) all current owners of Class Generators that were not inspected pursuant to the Inspection Program prior to the Preliminary Approval Date.
Settlement Class Members are eligible for the following relief:
- Reimbursement Claims. Settlement Class Members who paid for an inspection pursuant to the Inspection Program and the Inspection Notice Letter prior to April 18, 2023 can file a claim (a “Reimbursement Claim”) for their unreimbursed, out-of-pocket inspection fee of $80.
- Inspection Claims. Settlement Class Members who have not had their generator plenum inspected through the Inspection Program can submit a claim for a cost-free plenum inspection of their Class Generator by an Authorized Service Dealer (an “Inspection Claim”). To do so, Claimants must: (i) attest that the Class Generator has not received general maintenance or service from an Authorized Service Dealer since the start of the Inspection Program; (ii) attest that, although the Class Generator has received general maintenance or service from an Authorized Service Dealer since the start of the Inspection Program, it nevertheless was not examined for corrosion on the plenum surface (and must submit a supporting narrative statement to that effect with their claim); or (iii) attest that the Class Generator has corrosion on the plenum surface (and must submit photographic support with their Inspection Claim). Generac will identify local Authorized Service Dealers who will perform the free inspections for approved claimants.
- Replacements. If inspection of the Settlement Class Member’s Class Generator inspection finds corrosion on the plenum surface, that Settlement Class Member would be eligible for a free replacement of the fuel plenum (inclusive of parts and labor) to be performed by a Generac Authorized Service Dealer.
The Court also set deadlines related to the settlement. You can access the deadlines here. The deadline to submit a claim is September 25, 2023. You must submit your claim by the deadline to be eligible for the relief provided by the settlement.
Sauder Schelkopf has a nationally recognized litigation practice. The firm currently serves as court-appointed lead counsel in courts across the country. The attorneys at Sauder Schelkopf have recovered over $500 million on behalf of their clients and class members. Our firm was recognized by the Legal Intelligencer’s 2022 Professional Excellence Awards. The Legal Intelligencer’s Professional Excellence Awards honor Pennsylvania law firms and attorneys who have made a significant, positive impact on the legal profession. Our firm was named in the Litigation Departments of the Year (Specialty Area category; runner-up), an award that honors the best litigation practice in a small or mid-sized firm in Pennsylvania. This recognition was based on the firm’s 2021 litigation work and its important ongoing cases. LawDragon has recognized our attorneys in its list of the “500 Leading Plaintiff Consumer Lawyers” for 2022. This list notes: “From the opioid epidemic to toxic substances and defective products, truck accidents to wildfires and sexual abuse, these are the lawyers who stand on the front line in individual lawsuits and class actions seeking justice.” Mr. Schelkopf was named to Pennsylvania’s Best Lawyers® 2022 for Class Actions/Mass Tort Litigation. The American Lawyer named Mr. Sauder to its 2021 Northeast Trailblazers. The honor recognizes 60 lawyers who are “truly agents of change.” It “recognizes professionals in the Northeast who have moved the needle in the legal industry.” The Legal Intelligencer named Mr. Sauder and Mr. Schelkopf in its 2020 Pennsylvania Trailblazers list recognizing 31 lawyers who “have taken extra measures to contribute to positive outcomes . . . and who are truly agents of change.” The Legal highlighted the firm’s innovative work on advocacy as class counsel in large institutional sex abuse cover-ups, women’s, and children’s rights. Our attorneys have also consistently been recognized by their peers being named to Pennsylvania SuperLawyer, a distinction held by the top 5% of attorneys in Pennsylvania. Our attorneys have also been selected by the National Trial Lawyers Association as the Top 100 Trial Lawyers in Pennsylvania.