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LeafFilter Gutter System Faces Class Action Lawsuit Over Defects

July 2nd, 2024

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Summary

  • LeafFilter gutter system allegedly defective
  • Lead plaintiffs James and Geraldine Zilinsky
  • Claims of water overflow and home damage
  • Consumer complaints filed with BBB and AG offices
  • Lawsuit alleges company concealed defects
  • Nationwide class action and state subclasses

Sources

The LeafFilter gutter system has recently become the center of a significant controversy, primarily due to a class action lawsuit alleging that the product is defective and has caused substantial damage to consumers' properties. The LeafFilter system is marketed as a gutter guard designed to save homeowners from the tedious task of gutter cleaning by preventing leaves and debris from clogging the gutters. Advertisements claim that the system can handle all types of debris, including leaves, pine needles, and even shingle grit. James and Geraldine Zilinsky, the lead plaintiffs in the lawsuit, paid more than three thousand dollars in early two thousand twenty to have the LeafFilter system installed in their home. They were enticed by the promise of a maintenance-free gutter solution. However, not long after installation, they encountered significant issues. Within a month, they observed that rainwater was flowing over the top of the system during heavy rainfall, leading to water damage. The Zilinskys assert that they were never informed that the LeafFilter would not function properly during heavy rains. The lawsuit alleges several defects in the LeafFilter system. It claims that the system has a latent defect that prevents substantial amounts of rainwater from passing through, causing water to overflow and damage homes, foundations, landscaping, sidewalks, and fascia. Additionally, the fine filter of the LeafFilter system reportedly causes debris to accumulate on top, requiring homeowners to clean it off, contrary to the product's advertised benefits. The Zilinskys sought help from LeafFilter, who recommended lowering their gutters to mitigate the problem. However, upon consulting with another contractor, they were advised against this solution. Consequently, the couple spent nearly four hundred dollars to have the LeafFilter system removed, and it now sits unused in their garage. The plaintiffs allege that LeafFilter North has been aware of these issues for years but continues to market the product without disclosing its defects. They accuse the company of actively concealing the defective nature of the LeafFilter system from consumers and entering into confidential settlement agreements to prevent negative reviews from surfacing online. The class action lawsuit seeks to represent a nationwide class of consumers who have purchased the LeafFilter system, as well as specific subclasses from Ohio and Illinois. The plaintiffs accuse LeafFilter North of violating state consumer protection laws, committing fraud, and unjust enrichment. The alleged defects in the LeafFilter gutter system are central to the class action lawsuit. The primary issue reported by users, including lead plaintiffs James and Geraldine Zilinsky, is the system's inability to handle substantial amounts of rainwater. This critical flaw has led to significant property damage for many consumers. According to the lawsuit, the LeafFilter system’s design includes a fine filter that is intended to keep out debris. However, this filter is so fine that it often clogs, preventing rainwater from passing through it effectively. The lawsuit states, "LeafFilter possesses a latent defect that prevents substantial amounts of rainwater from passing through the LeafFilter system." As a result, during heavy rainfall, water flows over the top of the system instead of through it. This overflow has caused extensive damage to homes, including harm to foundations, landscaping, sidewalks, and fascia. Plaintiffs have reported various specific damages. The Zilinskys, for instance, observed water washing over the LeafFilter system during heavy rains, leading to water damage on their property. They noted that the system failed to perform as advertised, forcing them to clean off accumulated debris from the filter, a task they had hoped to avoid by investing in the LeafFilter system. The accumulation of debris on top of the filter is another significant defect highlighted in the lawsuit. Instead of keeping the gutters maintenance-free, as advertised, the LeafFilter system requires homeowners to manually clean off the debris that collects on its surface. This defeats the purpose of the product, which is marketed as eliminating the need for regular gutter cleaning. The plaintiffs argue that this defect was not disclosed at the time of purchase. They believe that had they been aware of the system's limitations, they would have either negotiated a lower price or opted not to buy the LeafFilter system at all. These defects have led to a range of negative consequences for the plaintiffs and other class members. Beyond the physical damage to their properties, consumers have faced additional financial burdens. The Zilinskys, for example, spent nearly four hundred dollars to have the defective system removed after it failed to perform as promised. This financial strain adds to the frustration of dealing with a product that was supposed to reduce home maintenance efforts. The class action lawsuit brings to light the broader implications of these defects, emphasizing the need for transparency in product marketing and the importance of consumer protection. As the lawsuit progresses, it seeks to hold LeafFilter North accountable for the alleged defects and the resulting damages that have affected numerous homeowners. The broader consumer response to the LeafFilter gutter system has been overwhelmingly negative, with numerous complaints filed with the Better Business Bureau and various attorney general’s offices. Many consumers have reported similar issues to those experienced by the Zilinskys, including the system's inability to handle heavy rainfall and the accumulation of debris on top of the filter. The complaints highlight a pattern of dissatisfaction with the product and the company's response to these issues. Consumers have expressed frustration not only with the performance of the LeafFilter system but also with the company's handling of their concerns. According to the class action lawsuit, there are allegations that LeafFilter North has been aware of these defects for years but has continued to market the product without disclosing its limitations. The lawsuit contends that LeafFilter North has actively concealed the defective nature of the system from consumers, engaging in practices designed to suppress negative feedback. It is alleged that once consumers complain about the LeafFilter defect, the company enters into confidential settlement agreements. These agreements reportedly require consumers to promise not to disparage the LeafFilter system through online message boards or social media platforms such as Yelp, Facebook, Instagram, Twitter, YouTube, and the Better Business Bureau. This suppression of negative reviews has allegedly helped the company maintain a misleadingly positive public image. The class action lawsuit, Zilinsky v. LeafFilter North LLC, seeks to represent a nationwide class of consumers who purchased the LeafFilter gutter system, as well as specific subclasses from Ohio and Illinois. The plaintiffs accuse LeafFilter North of violating state consumer protection laws, committing fraud, and engaging in unjust enrichment. The lawsuit aims to hold the company accountable for the alleged defects and the financial and property damage suffered by consumers. In addition to the class action lawsuit, the plaintiffs claim that LeafFilter North's marketing practices are misleading. The company advertises the LeafFilter system as a maintenance-free solution that eliminates the need for gutter cleaning. However, the reality experienced by many consumers has been quite different. The fine filter design, which is supposed to keep out debris, often clogs and requires regular cleaning by the homeowner. Furthermore, the plaintiffs allege that LeafFilter North falsely advertises its warranty. The so-called limited lifetime warranty is reportedly crafted to only cover internal clogs within the gutter system. However, the primary issue faced by consumers is the accumulation of debris on top of the LeafFilter, which prevents water from entering the gutter in the first place. This discrepancy between the advertised warranty and the actual issues encountered by consumers has added to the sense of deception and frustration. As the legal proceedings continue, the class action lawsuit seeks to address these concerns and provide relief to the affected consumers. The plaintiffs hope to achieve a fair resolution that acknowledges the defects in the LeafFilter system and compensates homeowners for the damages and additional expenses incurred due to the product's shortcomings.