AERT Hit With Class Action Suit Over ...

AERT Hit With Class Action Suit Over ChoiceDeck

There are 158 comments on the ArkansasBusiness.com story from Mar 2, 2008, titled AERT Hit With Class Action Suit Over ChoiceDeck. In it, ArkansasBusiness.com reports that:

A group of law firms has filed a class action lawsuit against Advanced Environmental Recycling Technologies Inc. via ArkansasBusiness.com

Join the discussion below, or Read more at ArkansasBusiness.com.

Christie

Bradley, IL

#61 Jun 2, 2009
We are also in the process of making a claim with this company. Not happy at all. Wasn't sure what the spots were until we received notice about the lawsuit. Yes, it is embarassing to have 2 decks that look awful. If given the oppotunity, we will not replace our decks with this material.
Julie

New Almaden, CA

#62 Jun 2, 2009
Still waiting for Indusco to call me about cleaning the leopard spots from our Choice Deck. It has been way over the promised 3 weeks to contact us.
Mark

Glenside, PA

#63 Jun 3, 2009
I have been reading many posts on several forums the past two days as I have just learned about the class action lawsuit. I am not surprised that the company has made getting any reimbursement such a difficult task with so many hoops to jump through. I am wondering if anyone has had any luck sueing Lowes directly and avoiding the Class Action suit?
joe

Bridgeton, NJ

#64 Jun 8, 2009
i am having same problem with deck im in new jersey would like to contact an attorney for suit email is jkzagaro @hotmail.com
Gregg Sparks

Tavares, FL

#65 Jun 9, 2009
Just found this thread. I've had my paper work filed since mid-Feb, then resent the photos in April since "the lawyers" didn't like my time/date stamp. Just called for status and found out they may be 6 more weeks before I hear. Local Lowe's says people are getting their decks cleaned and like the results. I happen to have 8 boards that are of the new variety and they are starting to show spots. My son has a landscape company and new mold inhibitors are working well, so hopefully there will be a solution.
Sue Votroubek

Coventry, UK

#66 Jun 12, 2009
We built a new home in 2006 and decided to go with choicedeck because it would look so much better and a be a great addition to our new home. It is very depressing to see the black spots on the deck that come back even after using the outdoor bleach product that is suggested by Lowe's. But we want the deck looking as nice as the rest of the house so we continue to clean it as instructed. Needless to say it isn't what we expected it to be and spent alot of money on it.
blsmith

Burnsville, MN

#67 Jun 15, 2009
Has anyone seen mold/mildew coming out in the railing system or facia boards? My townhome association requires the parts of the deck (that are visible from the street) match the trim color of the house. After fading to grey, I stained the railings and facia boards only (after 2 years, it's holding up nicely). They have no signs of mold. Wondering if this is an option for the deck planks.
Cathy Murphy

Culpeper, VA

#68 Jun 16, 2009
The technician just finished the cleaning and staining provided by the AERT lawsuit. The only ingredients in the cleaning solution were 1:1 outdoor bleach and water. He sprayed this solution and then rinsed it multiple times. When I noticed that red clay stains remained, he said that "maybe the stain will cover them."

My husband then scrubbed the stains with TSP and also scrubbed the shaded back stairs that were nearly completely covered with the black mold. After the preliminary treatment with TSP, the bleach solution completely removed the discoloration. Because proof of prior cleaning is required to get further reimbursement, I would advise hiring someone to do a preliminary cleaning with detergent before the official cleaning.

After cleaning he applied a biocide and the next day an oil-based Indusco stain that also contains a mold inhibitor. The finished deck looks very good. We'll be watching it to see if mold reappears.

The terms of the settlement are that if mold reappears within 6 months after the cleaning, we are entitled to 100% reimbursement of the purchase price. Other cash rewards apply if mold appears within 18 months. The highest levels of reimbursement require proof of cleaning before and after AERT's initial cleaning.
blsmith

Burnsville, MN

#69 Jun 17, 2009
Cathy Murphy wrote:
The technician just finished the cleaning and staining provided by the AERT lawsuit. The only ingredients in the cleaning solution were 1:1 outdoor bleach and water. He sprayed this solution and then rinsed it multiple times. When I noticed that red clay stains remained, he said that "maybe the stain will cover them."
My husband then scrubbed the stains with TSP and also scrubbed the shaded back stairs that were nearly completely covered with the black mold. After the preliminary treatment with TSP, the bleach solution completely removed the discoloration. Because proof of prior cleaning is required to get further reimbursement, I would advise hiring someone to do a preliminary cleaning with detergent before the official cleaning.
After cleaning he applied a biocide and the next day an oil-based Indusco stain that also contains a mold inhibitor. The finished deck looks very good. We'll be watching it to see if mold reappears.
The terms of the settlement are that if mold reappears within 6 months after the cleaning, we are entitled to 100% reimbursement of the purchase price. Other cash rewards apply if mold appears within 18 months. The highest levels of reimbursement require proof of cleaning before and after AERT's initial cleaning.
What is TSP? I used a Wohlman's product. The black is going away, but there is still a mark where the stain was. Is this what the bleach solution eliminates? Will the bleach solution kill nearby grass?
Cathy Murphy

Culpeper, VA

#70 Jun 22, 2009
TSP is trisodium phosphate. It removes dirt and grease. Detergent could substitute. After removing dirt, the technician's bleach solution removes the remaining mold stains. Bleach could be combined with the detergent or TSP solutions, but Indusco's process would be applying the bleach anyway. I don't know what effect their solution has on grass. One of my plants seems to be recovering after being hit.
Gregg Sparks

Howard, OH

#71 Jul 8, 2009
As of today, AERT claims office has determined that they will not let me know of any status to my claim. Originally was suppose to have resolution by June 1st, but still waiting. Local Lowe's manager was surprised that my deck has not be cleaned as they were told that everyone that filed before the March 09 start of processing has been handled. Calling and leaving a number does not work, they do not respond. Usually have to wait 15 minutes to get one person who takes all the verbal abuse from unhappy customers, but can not help. Local Lowe's manager even gave me the direct AERT customer service number and they did not want to hear from me. Next step is a nice letter to the CEO and President of AERT on how they are quickly losing customers and getting bad press by not acting quickly to resolve the problem. Please note, my two local Lowe's have moved TREX decking to a more favorable display spot and put Choice Deck to the back of the store.
Gregg Sparks

AOL

#72 Jul 9, 2009
New update: No one is answer the claim line this week, just answering machine which they do not respond. Took a look at AERT financial report and I doubt this company is around very much longer. Almost $50M in losses for two years and based on annual sales there would be no hope of recovery. Only spending $2.9M in 2009, $2.8M in 2010 and $2M every year after to resolve the class action suit, plus the big lawyer fees. Assuming bankruptcy AERT won't have to cover the class action suit.
peggy bowers

Chattanooga, TN

#73 Aug 14, 2009
We paid well over 7,ooo for our materials,am so unhappy with the way it looks.We sent in our paper work and guess what?yep you guessed right,we have yet to hear from them ,been 6 weeks now.We really do not expect to hear from them,they have in their hands all of the info that they ask from us so what next do we just sit and wait or do we scream?
Trevor Williams

Smithtown, NY

#74 Aug 15, 2009
I am in NY and AERT had Indusco come and clean my deck. They scrubbed it with bleach, applied the mold inhibitor and then a sealer. They came on 7/25 and the deck still looks good. There is no sign of any mold...it's only been 3 weeks and I am keeping my fingers crossed.

I didn't think I was going to hear from them either but I did. Not sure if you have the contact info for AERT Peggy but here it is just in case:

Contact Information
ChoiceDek Class Action Settlement Customer Service

Toll Free - 877-220-6624

ChoiceDek Customer Service
P.O. Box 1237
Springdale, AR 72765
Cheryl Brandt

Elverson, PA

#75 Sep 3, 2009
We bought our Choice Decking during the 2 years that there was wood (a mistake) in the decking product. That is what is molding and discoloring the planks we were told by a Lowe's employee. We were alerted of a class action suit......Sept to be decided. We were told to take pictures and send them to the people that are administrating the suit. We did all we were told. We did try to hydro spray with an outdoor Clorox solution from Lowe's at their suggestion. It looked good for a few days and then it all came back. Here it is Sept. Haven't heard anything yet. Someone got $2.00 back ?????? I'm telling!
amerritt

Ulmer, SC

#76 Sep 5, 2009
M Sligh wrote:
We have just installed Choice Deck and are just now learning about the lawsuit and all of the problems. We had intended for this to be our last deck. What recourse do we have to recover almost $6,000 investment?
WE installed choice deck almost eight years ago. It is near a pond and so we do have mildew on the boards. Weyerhauser stated that they would replace the defective mildew resistant boards after we followed a protocol to remove the mildew. That protocol would cause runoff that would kill our fish in the pond, so we have not used it. Without following the protocol, we are not eligible for replacement. So we are stuck. In your case, they claim to have corrected the problem with a better mildew resistant product. So you may have better luck. Wait to see if you have a problem. If you installed with the new center to center (to prevent warping) and have it away from a water source, you may be OK.
amh
Robert Kosmoski

Wisconsin Rapids, WI

#77 Sep 5, 2009
We purchased the choice decking marterial and had our deck installed in 2007. Shortly after we installed the deck we noticed the black spots. The first year we spent several hours scrubbing the deck with deck cleaner that did a fairly good job of removing the spots but within a week or two they were starting to come back. This year we have tried several deck cleaners but have been unable to remove the black spots. Needless to say, we are very unhappy with this deck and if we would have known all the matenance that went into this deck, we would have purchased a much less expensive treated wood deck. This deck looks terrible.
Mike

Ashland, OH

#78 Oct 26, 2009
AERT is suppose to setup the cleaning of my deck also. Keep us posted on yours.
Trevor Williams wrote:
I am in NY and AERT had Indusco come and clean my deck. They scrubbed it with bleach, applied the mold inhibitor and then a sealer. They came on 7/25 and the deck still looks good. There is no sign of any mold...it's only been 3 weeks and I am keeping my fingers crossed.
I didn't think I was going to hear from them either but I did. Not sure if you have the contact info for AERT Peggy but here it is just in case:
Contact Information
ChoiceDek Class Action Settlement Customer Service
Toll Free - 877-220-6624
ChoiceDek Customer Service
P.O. Box 1237
Springdale, AR 72765
Julie-LosGatosCA

Gilroy, CA

#79 Oct 26, 2009
Our ChoiceDek was full of black spotting and mold and looked awful. AERT sent an independent contractor (through Indusco) to clean the deck with outdoor bleach, apply a mold inhibitor and sealer. This was in late August, and the deck still looks good at the end of October. I was especially impressed with Indusco and the communication with them. The contractors that came out to clean the deck were very conscientious and worked hard to make sure the deck was cleaned to our satisfaction. My main concern is that the deck continues to remain spot-free.
Trevor Williams

Smithtown, NY

#80 Oct 26, 2009
Mike,

It has been 3 months and no sign of black spots. The deck looks good and I am hoping it will stay that way. The only problem is I am noticing scrape marks now from moving the chairs around (I'll take the scrape marks over the black spots any day). Apparantly the coating created from the sealant is not scratch resistant.

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