According to the official settlement website, individuals who own a Vortens ceramic toilet tank made between January 1 and December 31, 2011 with model number 3464 or 3412 (on the inside of the tank) may be entitled to up to $300 per tank as long as a valid replacement/installation claim is submitted with receipts and proof of ownership here before November 16, 2020. Those who submit a claim without receipts but with a sworn declaration may receive up to $150 per tank.
Under the Settlement, Class Members who make a Valid Claim in the Settlement and provide proof of tank ownership and expenses incurred in replacement and/or installation, will receive reimbursement up to $300 per toilet tank. Class Members may also make a claim without receipts, but only with a declaration sworn under oath upon penalty of perjury, and recovery is capped at $150 per affected tank.
Settlement Class Members that have experienced property damage as a result of a cracked toilet tank, can make a Valid Claim in the Settlement for documented (with receipts), unreimbursed out-of-pocket expenses of up to $4,000 incurred as a result of the cracked tank. Class Members may also make a claim for reimbursement of proper damage expenses without receipts, but only with a declaration sworn under oath upon penalty of perjury, and recovery is capped at $150 per affected tank. An unreimbursed insurance deductible is an eligible out-of-pocket expense.
The Fifth Circuit vacated the district court's award of fees to class counsel in a class action settlement involving consumers who purchased defective toilet tanks against defendants. The court agreed with Porcelana that the district court erred in calculating the lodestar and refusing to decrease it. In this case, the district court abused its discretion by failing to make any factual findings regarding the nature of the class's unsuccessful claims and an unsupported assertion is insufficient to permit the district court to bypass the proper lodestar calculation and onlyconsider the unsuccessful claims under the eighth Johnson factor. Nor is this a case where the record supports such a conclusion in the absence of an explicit finding by the district court. Even assuming the district court had adequately supported its conclusion that unsuccessful claims were intertwined with those that proved successful, the court stated that the district court still failed to properly analyze the award in relation to the results obtained. Accordingly, the court remanded for further proceedings.
Filed under Defective Products, InvestigationsTagged with adjuster or investigator, attorney, carrrier, consumers, contingency fee basis, defective tanks, failed tank pieces, file a claim, go to court and testify, manufacturer, property, take possession of all evidence, Vortens, Vortens toilet tank
One of our Vorens tanks just failed 7/9/14 and flooded 1/3 of our house. This was a seldom used spare bathroom in a house less than 3 years old. The cracks eminate from the bottom from the bolt holes.
I had a Vortens tanks fail in an upstairs guest bathroom causing extensive water damage to my upstairs and downstairs area. Before that was repaired, a second tank cracked damaging another bathroom downstairs. Vortens replaced the toilets, but refuse to pay for the damages. My insurance carrier paid for the damages and attempted to collect. Vortens further refuse to take any responsibility. House was just 18 months old.
I just experienced this last week when I came home to water coming through my kitchen ceiling from the upstairs bathroom. Vortens tank cracked also. Had no idea this was an issue. After seeing this I checked other bathrooms and I have 4 more toilets just like this in the rest of my house.
11/21/2014 12:55 am, i was awoken from my sleep by the sound of the toilet tank cracking and hearing the water turning off and on to refill the tank. Fortunately, i was home and investigated the sounds. i experience little water damage. i will replace the tanks on all of my toilets (3).
Our Vortens toilet just cracked and flooded several rooms while we were at work. This toilet was replaced by the builder in 2011 when the first one cracked. Apparently they replaced it with another faulty one. The toilet in our Master Bath also cracked but we saw it before it caused any damage and replaced it ourselves. The builder is currently replacing this one that just cracked and caused so much damage as well as 2 others that have very little use, just to be safe. Our adjusted applauded us for taking lots of pictures of the areas where the water went as well as the toilet, inside and out, before we got the wet/dry vac out to get the water out. Vortens was contacted as well and we were told to have our insurance adjuster contact their legal dept. We have ServPro coming out to put in the dehydrate fans that will need to run 24 hrs. for 3 days then they will come back and spray to prevent mold. I guess insurance will pay to have the other damages taken care of then go after Vortens.
Sept 11 2015 Upstairs vortens toilet tank manufactured July 2009 cracked without warning. Luckily I was home and reacted quickly or the entire house could have been destroyed. As is will cost me about $3400 including replacing 4 Vortens toilets with American Standard. Hose completed in Dec 2010.
We encountered the toilet tank crack incident, which caused water damage at my house more than a month ago. After checking all the toilets, there is another tank found with a crack, however, it looks like the crack was sealed before being installed. My house is more than 5 year old. Do you think the builder would reimburse us or we should claim against Vortons?
My home is 4 yrs old the fist toliet tankcracked was upstairs luckily we saw it before it went thru ceiling and it just flooded floor that was about 4 mos ago then yesterday the downstairs bath tank cracked sometime during the night and i work up to a flood the onlything that saved my rooms downstairs from all being flooding was the door to the garage was right off the hall and the water after flooding bath, laundry room and hall ran into the garage and out garage door into driveway. The company should of made the public aware of this and done a mass recall, it would of saved alot of problems for alot of people. I would never buy this brand or recommend it to anyone shame on this company and the builders as most of them knew that is how I found out about the problem is thru a builder that i now work for as they did go and replace customers toliets
Just replace three of these Vortens toilets. Installed in 2011 in a new home. Two had cracked. We were fortunate there was little damage. I will never have another toilet by Vortens in a home I purchase or build.
We recently had a Vortens toilet crack and flood our hall bathroom. The crack started at the top of the tank near the handle. Did about $1,600 in damage. Our other toilet was also a Vortens. Had them both replaced. I talked with my neighbors. One had the same experience and the other checked their toilet and it was starting to crack.
On Aug. 12, I had a Vortens 3464 toilet tank spontaneously crack while I was away from home for four hours. I came home to all rooms but the guest bedroom and kitchen totally flooded. USAA is handling my claim and I have provided them the info I had so they could go after Vortens. I also filed a claim with Vortens including pictures, documentation, etc. My house is in San Antonio/Helotes and was built by CastleRock Builders in 2010. USAA replaced the shattered toilet with a totally different (and better) non-Vortens model. I paid to have the second toilet (hall bath) replaced. As we were having it lifted out today, the plumber called our attention to a hairline crack just starting. Ever since the Great Toilet Flood of August, we have been turning off the water to the hall bath toilet if we leave the house for more than five minutes. Interesting that CastleRock knows about this. I got a call from CastleRock back in August when I informed them about the leak so they could warn other homeowners. They professed total ignorance
It is not so important when your house was built and when the Vorten toilets where installed.It is the date on the toilet as to when it was made. Right now you should not have a problem getting money back if your toilet was made in 2011. It is only the 2011 toilets that are being recalled. I wander if anyone has Vorten toilets made in 2012, 2013 and 2014 and they have cracked??? You will find a date stamped in side the toilet tanks on the upper right hand side.Make sure to take a picture of the date and the bar code on the top left hand side of the bowl before throwing it out. They want too see a picture.
Our house was finished in Dec 2010 and the toilets were dated 2009. The neighbor had his crack before ours and the claim was the problem was 2010. We checked ours and thought we were OK. Had a failure in the upstairs toilet shortly thereafter and have since replaced all 4 toilets with American Standard. I personally would not trust ANY Vortens toilet. BTW the American Standard flush better and stay clean way longer than the Vortens.
I just contacted Vortens and it seems like that they are willing to reimburse for 5 toilet tank and replacement cost for all of them, the issue is they want me to pay for all and later reimbursed, I had faulty model 3464 installed in 2011.
Good luck I live in the Houston, Texas area my tank cracked and i was told by vortens to buy another tank and they would pay me back but I cannot find a tank anywhere. The plumbing companies do not carry a tank to fit the vortens bowl. I replaced the complete toilet at my expence
Found your page after having model #3464 fracture this week in a rarely used guest bath. We came home (greensboro, NC) to water leaking through the kitchen ceiling and pantry. We had the entire toilet replaced. Our plumber showed us the huge crack in the side of the tank~ and stated he had never seen this happen in newer construction. I am contacting Vortens today- honestly not expecting much. 2b1af7f3a8