Atlas Litigation Potentially Proceeding as Individual Lawsuits
July 6, 2017
You may have heard last month that a judge denied plaintiffs’ request to certify this case as a class action lawsuit – essentially putting an end to the current litigation. However, there may still be recourse available to you if you have these shingles on your house. You will need to take further action.
Attorneys are now attempting to file these cases individually. They believe they have enough evidence, including an internal company document referring to a defect in the shingles, to continue the fight against Atlas. Furthermore, these shingles were sold to approximately 125,000 people, and attorneys suspect the manufacturer will not want to defend potentially thousands of individual lawsuits.
Even if you have previously contacted ClassAction.org or another organization about this issue, fill out this form to learn more about the legal options available to you.
At A Glance
This Alert Affects:
Consumers whose homes have been outfitted with Atlas Chalet roofing shingles.
What's the Problem?
Atlas Chalet shingles allegedly crack, blister, and fail prematurely. Because the product has been discontinued, even a single broken shingle may require homeowners to replace their entire roof.
How a Class Action Can Help:
A successful class action can help homeowners recover compensation for money they spent repairing and replacing their shingles.
What You Can Do:
If you had problems with Atlas Chalet shingles, fill out the form on this page and tell us about it. One of the attorneys looking into the shingle problems may then reach out to you directly to ask you a few questions and explain how you may be able to join in on the litigation.
Atlas Roofing Corporation is currently facing multiple class action lawsuits over its Chalet shingles.
These lawsuits allege the Chalet shingles are prone to premature failure, cracking and blistering, which may stem from a manufacturing defect that allows moisture to enter the shingles, damaging the property on which they were installed. These lawsuits have been filed in multiple states and are seeking compensation from Atlas for repair and replacement costs, among other damages.
If you have these shingles on your home and you've experienced any problems, fill out the form on this page. One of the attorneys handling this investigation may then reach out to you directly to explain why you may be able to get your money back for repairing and replacing the shingles.
Why Are Lawsuits Being Filed?
Customers who purchased Atlas Chalet shingles have filed class action lawsuits claiming that the product is defective and that Atlas is failing to honor its warranties. Many of the lawsuits filed over Atlas Chalet shingles share similar claims.
Atlas publicly claimed that its shingles would last for thirty years without problems, and that the shingles met “industry-accepted building codes”
Atlas’ design and manufacturing allowed moisture to intrude into the shingles, creating gas bubbles that can expand and lead to blistering and cracking
Because of the design defect, the shingles do not conform to the express warranties of the company, including the company’s 30-year warranty claiming that the shingles will be “free from manufacturing defects”
Atlas has rejected or failed to honor legitimate warranty claims from hundreds of customers throughout the United States who reported problems with their shingles.
The company’s response to customer complaints and questions was “woefully inadequate”
The company failed to inform customers of the alleged design defect, even after receiving multiple complaints, and refused to repair damage caused by premature shingle failure
These class actions are currently pending before the Honorable Thomas W. Thrash, Jr. in the U.S. District Court for the Northern District of Georgia. The cases were consolidated to a single court as part of a legal procedure known as a multidistrict litigation.
Property, Roofing Problems Caused by Faulty Shingles
During manufacturing, shingles’ weather surface must be uniform and free from any defects such as holes, cracks or blisters. It is also important that no water or moisture gets into the shingles. If moisture does get trapped in a shingle, it can create gas bubbles. When heated by the sun, these gas bubbles can expand, causing the shingles to crack and blister once they have been fitted to a roof.
While the manufacturer of the Atlas shingles claims that “rash blisters” are merely a cosmetic issue, it has been alleged that Atlas shingles are defectively designed in such a way that shingles can crack and prematurely fail. Building professionals have claimed that the blistering indicates a reduced life-expectancy and has been observed on shingles that were less than a year old. Some roof inspectors have also observed early granule loss at the blister sites. It has been reported that exposed granule-loss pits on the shingles can increase moisture absorption into the shingle, and in cold temperatures, promote wearing of the shingles from frost. Homeowners may mistake these blisters for storm or hail damage.
Problems reported by consumers whose properties were outfitted with the shingles include, but are not limited to:
Early granule loss
Reduced life expectancy
Other inherent defects
These shingles can also cause more widespread problems for homeowners, as some have reported damage to their homes, in addition to damage to the shingles themselves. This can occur when the shingles allow water or moisture to leak into the structure. It has been alleged that consumers may have been forced to pay for repair and replacement costs themselves, with little help from Atlas.
Have Atlas Chalet Shingles Been Recalled?
Atlas Chalet shingles were discontinued in mid-2010; however, homeowners are claiming that their attempts to contact the company for assistance have been unsuccessful, leaving thousands without remedy for their allegedly defective shingles. It has also been alleged that Atlas continued to sell its roofing shingles – before they were discontinued – despite knowing about possible defects (the company reportedly received a large number of complaints from customers). Allegedly, the company also made false representations and issued false warranties to customers while selling shingles that it knew might blister and crack.