Certain models from the Vortens brand may be prone to cracking, which can cause leakage, flooding and property damage. It has already cost many consumers thousands of dollars in property damages.
If you have a Vortens toilet that was installed during or after 2011, you may be entitled to financial compensation.In the meantime, replacing the toilet may be a good idea.
Read on to find out about the affected Vortens toilet specifications, and whether you can receive reimbursement. As well as what kind of support is offered by Vortens.
In February 2014 and again in 2016 we posted an alert on our website regarding the faulty toilets. At that time, we believed the issue only affected toilets manufactured between 2011-2012, and only in the Southeast Texas area. Since then, reports have popped up all over the country about faulty Vortens toilets, manufactured as far back as 2009.
In a press statement, Vortens admitted that some porcelain tanks manufactured in 2011, mainly models #3464 and #3412, have a manufacturing defect that may cause them to break. They have since ceased the production of model #3464, and improved the manufacturing process of model #3412.
Annually, the claims made on the two models were below ⅓ of 1%, which constitutes 1/13 of a 1% of all the products sold.These are the official numbers issued by Vortens,but there are no external sources to back them up.
Unfortunately, no statement has been issued regarding other models or different years of manufacture, despite the anecdotal evidence that some of these may be faulty as well.
According to forensic engineering consultant R.J. Hill, about 2,000 tanks were not subjected to a high enough temperature in their kilns,resulting in a weaker material that is prone to cracking from the water pressure.
In 2019, a class-action lawsuit was filed against Porcelana Corona De Mexico, the parent company of the Vortens brand.You can find the details of the settlement on https://vortenssettlement.com/
This covers the aforementioned models #3464 and #3412, manufactured between January 1. 2011, and December 31. 2011. If you have a faulty model that doesn’t fit these restrictions, you may file an independent lawsuit.
According to the lawsuit, Vortens used faulty processes to produce the tanks, and has failed to conduct proper quality control. In addition, they failed to warn the consumers of the manufacturing defects, and refused to recall the affected products.
Consumers only started finding out after damages were incurred, in particular those who have been away from home when the flooding happened.
Of course, the manufacturers of Vortens toilets denied any malicious intent, but have agreed to pay the settlements as determined by the court.
This settlement covers the purchase and possession of these models, in the past or present (even if they didn’t break),as well as any property damage incurred as a result of leaks.
Past and present owners who haven’t suffered from property damage as a result of the faulty tank, are entitled to $300 per tank, if they have a receipt. If no receipt is available, you’re still entitled to make a claim, but only if you agree to a declaration sworn under oath upon penalty of perjury. In the latter case, the compensation is capped at $150.
If you’ve suffered property damage as a result of leaks, you’re entitled to up to $4000 in compensation, provided that you have evidence of the incurred out-of-pocket expenses. Unfortunately, more expensive damages won’t be covered.
If you have previously received compensation for the faulty tanks, you’ll not be entitled to compensation from this lawsuit
To find out if you’re entitled to compensation,remove the lid from the top of your toilet tank to see the brand. If it’s a Vortens toilet, the make and model of the toilet will also be stamped inside the tank (Scroll to question 5 for photos).
You can consult a plumber to determine the cost of replacing the Vortens toilets in your home. Even if the toilets don’t break, we recommend replacing them immediately to avoid leakage, property damage, and cleaning costs. Keep evidence of any expenses paid out-of-pocket,as you will need them while filing the claim.
You can no longer object to the terms of the settlement or exclude yourself from it, as the deadlines have passed in July,2019. However, you can still file a claim form to receive the compensation,whether online or by mail. New claims will be accepted until November 16. 2020.
If you don’t qualify for the settlement as per the conditions stated, please don’t file a claim here. If you suffered from property damages due to a faulty toilet of a different make and model, this class action lawsuit doesn’t forfeit your right to file for compensation independently. You have the option of filing a separate lawsuit, or contacting Vortens directly as per the next section.
It’s true that the Vortens toilets’manufacturer is based in Mexico, but this doesn’t change the judicial process on your part, as you’ll be addressing their representative in Texas.
If you are part of the settlement, but you don’t file a claim before the deadline, you’ll effectively forfeit your right to any compensation for the models stated.
You may contact the settlement administrator at 1-855-424-0783 or write a letter to Vortens Settlement P.O. Box 4540,Portland, OR 97208-4540.
You may also contact the class counsel N.Scott Carpenter or Rebecca Bell-Stanton through Carpenter& Schumacher, P.C.
If you’re not sure whether your toilet may be faulty, you can contact Vortens directly. Vortens is currently aware of which products may be at risk and have fixed the problem in the newer toilets.
Vortens offers a 5-year warranty on their toilets for manufacturing defects. Most of the faulty products are much older, so you’re not likely to make use of it.However, some US states and Canada provinces have their own laws regarding the warranty, so it’s worth asking about.
For the warranty to be admissible, you’ll need a proof of purchase from whichever retailer you bought the unit from.
Even if the warranty period is over, you can still contact Vortens customer service in the U.S. at 1-866-821-2811, and in Canada at 1-866-363-1365. You can also send an email to email@example.com, firstname.lastname@example.org,or email@example.com
According to Vortens, the following information is required for a customer service inquiry:
● Description of the defect
● Photographs of the defect (while the toilet is still installed)
● Proof of purchase (a receipt), and the day of installation
In case of a leak or a broken tank, they will also need the following information:
● A photo of the barcode (which you can find on the back of the tank)
● Photographs of the inside of the tank (showing the whole tank)
● Photographs of the following parts without uninstalling them
○ Tank bolts (2)
○ Metal washers (2)
○ Expansive rubber washers (2)
○ Bolts (2)
Vortens isn’t liable for defects caused by poor handling of the product, negligence, unofficial modifications, or improper installation. This includes damages to the product itself and to other property as a result. With that said, Vortens recognizes that the faulty tanks are a manufacturing problem that isn’t the result of misuse, and would be willing to help accordingly.
Vortens claims that every customer inquiry regarding the faulty tanks has been resolved, or is currently being resolved.It’s worth it to check if they can hold up that claim.
If you have a Vortens toilet with a tank model of #3464 or #3412, replace it immediately and keep evidence of any incurred costs. If it was made in 2011, and you haven’t received any compensation for it, make sure to file a claim before November 16th, 2020. You can receive up to$300 per tank, and up to $4000 for incurred damages due to leaks.
If you have an old Vortens toilet of a different make and model, you may still wish to have it replaced as a precaution. If you already suffered a leak that isn’t covered by the lawsuit,you may contact Vortens customer service. If the issue is not resolved, you may file a separate lawsuit.
Vortens was established in 1996 as a wholesale supplier of sanitary ware in the US and Canada. They’re a common, affordable provider of lavatory equipment. Currently, they offer an entire line of residential plumbing fixtures and commercial products. The parent company, Porcelana Corona De Mexico, is the Mexican owner of various other brands, including Venezia and Vienna, both of which specialize in lavatory equipment.
If so, you are not alone. Tub to shower conversions is a popular bathroom remodeling project with many homeowners.