HOUSTON – What brand is your toilet? You may want to go check because a large toilet manufacturer has agreed to pay homeowners who have them up to $4,000.
We first told you about the faulty toilets back in 2016. Just this month, a federal judge signed off on a settlement in a class action lawsuit against the company.
Amy Etchberger noticed the leak when her Vortens toilet tank cracked in 2016. She was able to turn off the water to minimize flooding. Ann Aults of Copperfield was not home when her tank cracked, causing $20,000 in damage.
Vortens told us some tanks made in 2011 with model numbers 3464 and 3412 may have been affected by technical issues that caused the fractures, but the company refused to recall or replace the toilets or to reimburse customers for the damage the cracked tanks caused in their homes.
Channel 2 found the builder grade toilets installed in new homes from The Woodlands to Pearland, Copperfield to Garden Oaks.
In this new settlement, if you have one of the affected Vortens toilets, you can file a claim to either get a new one or get reimbursed. You can get up to $300 if you replace it yourself and submit receipts or $150 if you replaced it, but no longer have the receipts as proof. Homeowners whose homes flooded can get up to $4,000 to at least cover the deductible, they may have had to pay their insurance company.
Some say the settlement doesn't go far enough. Glenn Armbruster in Pearland says his Vortens tank cracked in March in his 2-story garage, leaving $100,000 in damage. Since his home was built before 2011, the tank that cracked is not covered in the latest settlement.
Scott Carpenter, the Plano attorney spearheading the class action lawsuit, has already filed papers with the federal court asking to add other Vortens tank models for years 2004 to 2012. They are waiting on a ruling from the judge. We will let you know when they get an answer.
You can file your claim online at Vortenssettlement.com.