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#48464 - 02/12/05 01:19 PM FPE class action suit in NJ?
NJwirenut Offline
Member

Registered: 09/15/01
Posts: 816
Loc: Bergen County, NJ
Did any other NJ licensees get a letter from a NJ law firm concerning a class action suit against Federal Pacific Electric over falsified UL testing on Stab-Lok breakers? Apparently, homeowners who had these things installed are seeking damages including 3X the cost of panel replacements. A request form for more info available at:
http://www.yacoutclassaction.com/

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#48465 - 02/12/05 05:14 PM Re: FPE class action suit in NJ?
LK Offline

Member

Registered: 01/21/03
Posts: 1721
Loc: New Jersey
Quote:

"including 3X the cost of panel replacements."
-------------------------------------------
My letter said 3 times the cost of breaker replacement, and the class action is for original homeowner, so i am sure that everyone in the grave yard will be pleased.

What are they thinking? do you know any contractors that would take on the liabilty of replacing breakers in FPE Panel.

[This message has been edited by LK (edited 02-12-2005).]

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#48466 - 02/13/05 06:34 PM Re: FPE class action suit in NJ?
cavo148 Offline
Member

Registered: 01/19/04
Posts: 79
Loc: New Jersey
Yep, I got that letter too. Just goes to show you that my first electrical instructor was right when he said, "Remember, you can make more money with a pen or pencil than with a pair of pliers." The electrician upgrading the panel will get the smallest piece of that pie and a lot more paperwork. It may prompt some elderly homeowners on fixed incomes to upgrade and make a few bucks to boot.

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#48467 - 02/14/05 11:34 AM Re: FPE class action suit in NJ?
HotLine1 Offline

Member

Registered: 04/03/02
Posts: 6804
Loc: Brick, NJ USA
Yup, got it in the mail Thurs/Friday.
Basically, looks like a lawyer looking to sweeten his percentages by having the EC send the letter to EC's customers.

John
_________________________
John

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#48468 - 02/14/05 03:58 PM Re: FPE class action suit in NJ?
LK Offline

Member

Registered: 01/21/03
Posts: 1721
Loc: New Jersey
John,

Before this letter came out, i was geting calls to remove FPE Panels, it appears there was an incident in East Brunswick, which caused a fire, and had a lot of township residents concerned.

Here is the Notice that was in the news,

------------------------------------------
AND IS NOT AN ADVERTISEMENT
THIS IS A LEGAL NOTICE

ATTENTION NEW JERSEY HOMEOWNERS WITH FEDERAL PACIFIC ELECTRIC CIRCUIT BREAKERS

Superior Court of New Jersey, Law Division: Middlesex County
DOCKET NO. L-290497
SERAG YACOUT, SATISH CHAUDHARY and 432 OWNERS, INC., on behalf of themselves and all others similarly situated,
v.
FEDERAL PACIFIC ELECTRIC COMPANY, RELIANCE ELECTRIC COMPANY,
Defendants .

CLASS ACTION NOTICE

To: ALL PERSONS OR ENTITIES IN THE STATE OF NEW JERSEY WHO CURRENTLY OWN, UTILIZE OR POSSESS ANY CIRCUIT BREAKER SOLD OR MANUFACTURED BY FEDERAL PACIFIC ELECTRIC CO. DURING THE PERIOD 1965 TO 1980, WHICH BEARS LABELING INDICATING THE BREAKER IS “UL LISTED” OR CONTAINS A SIMILAR CERTIFICATION THAT THE BREAKER COMPORTS WITH APPLICABLE UL STANDARDS, AND ANY PERSONS OR ENTITIES WHO HAVE REPLACED SAID BREAKERS SINCE 1991.

1. WHY SHOULD I READ THIS NOTICE?
If you own Federal Pacific circuit breakers or have replaced Federal Pacific circuit breakers, please read this notice. It contains important information. You may be entitled to monetary damage and/or other relief. This Notice arises out of a class action lawsuit pending in New Jersey. The Court has directed that all claimants and prospective claimants must identify themselves in response to this notice on or before April 20, 2005. If you do not respond, you will lose your rights.
2. WHAT IS THIS LAWSUIT ABOUT?
This Notice affects many persons who have Federal Pacific circuit breakers. The Court has already determined that Federal Pacific violated the New Jersey Consumer Fraud Act. The violation occurred because FPE cheated during its testing of circuit breakers in order to obtain Underwriters Laboratories (UL) approval. The Court has already certified this action as a class action, but in order for your claim to be considered you must act now. If you qualify as outlined below, you may be entitled to monetary damage and/or other relief. The relief may include three times the cost of replacing your circuit breakers.
3. AM I ELIGIBLE TO PURSUE A CLAIM?
Based on the Court’s rulings, you may be eligible to pursue a claim if you meet the following criteria:
· You own a home or building in the State of New Jersey;
· You must be the owner at the time that FPE Stab-lok circuit breakers manufactured and sold between June 29, 1971 and July 1, 1980 were installed as original equipment in your home or building; or you had renovations or additions done which included circuit breakers made and sold in that period while you were the owner;
· The home or building contains original FPE Stab-Lok circuit breakers (If you do, the circuit breaker panel box will have the name and logo of Federal Pacific Electric Company and the words Stab-Lok on the breaker panel box) or you replaced the breakers since 1991. DO NOT ATTEMPT TO REMOVE ANY OF THE CIRCUIT BREAKERS – you will be able to determine whether you have Federal Pacific Electric Company circuit breakers by looking at the outside of the panel box and/or the inside of the door to the box. Please note that if your panel box or the circuit breakers within the panel box refer to "Federal Pacific Equipment Inc." it is referring to a different company from Federal Pacific Electric Company. If you have Federal Pacific Equipment Inc. circuit breakers they are not included in this claim;
· You are not one of the defendants, any entity in which any of the defendants have a controlling interest, any of the defendants’ past or present parents, subsidiaries, affiliates, officers and directors; or a retail or wholesale dealer who sold Federal Pacific circuit breakers and panel boxes.
4. WHAT DO I NEED TO DO TO CONTINUE TO PURSUE A POTENTIAL CLAIM?
If you believe you are eligible to recover and you wish to remain eligible, you must respond to this Notice by completing the coupon form below and mailing it to the FPE Administrator. THE COMPLETED COUPON MUST BE POSTMARKED NO LATER THAN APRIL 20, 2005 or you may go directly to www.yacoutclassaction.com to respond to this Notice; if you do so, you must do that by April 20, 2005. IF YOU FAIL TO DO SO, YOUR CLAIM WILL BE BARRED.

The FPE Administrator will then mail you an FPE Stab-lok Circuit Breaker Information Form or you can obtain the Information Form on the website. THE COMPLETED INFORMATION FORM AND ANY DOCUMENTATION REQUESTED THEREIN MUST BE MAILED TO THE THIRD PARTY ADMINISTRATOR AND MUST BE POSTMARKED BY A DATE SPECIFIED THEREIN. IF YOU FAIL TO SUBMIT A COMPLETE INFORMATION FORM BY THE DATE SPECIFIED IN THE MATERIALS TO BE FURNISHED, YOU WILL BE BARRED FROM FURTHER PARTICIPATING IN THIS LITIGATION.

Your claim may be subject to verification and investigation, including an inspection of the circuit breaker panel board and giving testimony with respect to your claim.

5. WHERE DO I GET ADDITIONAL INFORMATION?
This Notice provides only a summary of matters regarding the litigation and is not deemed an admission by any party. You may seek the advice and guidance of your own private attorney, at your own expense, if you wish. For more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Clerk's Office, Superior Court of New Jersey, Law Division, located at One JFK Square, New Brunswick, New Jersey.
If you have any questions regarding this Notice, you can contact class counsel:

Chase Kurshan Herzfeld & Rubin, LLC
5N Regent Street, Suite 508
Livingston, New Jersey 07039-1617
Attn: Lisa Santana
Tel: (973) 535-8840
Email: lsantana@chaselaw.nj.com

PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE.

The Honorable Bryan D. Garruto.
(CUT ALONG DOTTED LINE – PLEASE PRINT)
REQUEST FOR INFORMATION FORM
I would like to have an FPE Stab-lok Circuit Breaker Information Form mailed to:
Name:______________________________________________________
Address:____________________________________________________
City: ____________________________State ______ Zip Code________
Property Address(es) where FPE Stab-lok circuit breakers are installed (if different from above address)
Address:____________________________________________________
City: ____________________________State ______ Zip Code________
CERTIFICATION: I HEREBY CERTIFY UNDER PENALTY OF PERJURY THAT (1) I AM THE ORIGINAL OWNER OF A HOME OR PROPERTY WHERE FPE CIRCUIT BREAKERS ARE INSTALLED, (2) I CONTINUE TO OWN THE PROPERTY AND (3) THE ABOVE INFORMATION IS TRUE AND CORRECT.
Signature:_____________________________________ Date:___________

MAIL THIS REQUEST TO:
Yacout Information Administrator P.O. Box 600727 Jacksonville, FL 32260
Or respond via email at www. yacoutclassaction.com
This REQUEST FOR INFORMATION FORM must be completed and sent to the FPE Administrator in order to continue to remain a member of the class. THIS FORM OR YOUR EMAIL RESPONSE MUST BE POSTMARKED OR RECEIVED NO LATER THAN APRIL 20, 2005 in order to maintain any rights you may have.

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#48469 - 02/18/05 01:44 PM Re: FPE class action suit in NJ?
HotLine1 Offline

Member

Registered: 04/03/02
Posts: 6804
Loc: Brick, NJ USA
Les, I didn't read the whole thing, but it looks very similar to what came in the mail.
I have to say......that's one he-- of a typing job you did, or did you scan the document??? Either way, nice job.

I haven't been around much...work, AHJ, teach, and try to have a family life...so I squeeze in a few moments here by chance.

Hope all is well with you and yours.

BTW, I did not here about the thing in East Brunswick, and if you (or anyone local) is interested a LARGE apt complex has FPE panels.......

John
_________________________
John

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#48470 - 02/18/05 02:25 PM Re: FPE class action suit in NJ?
LK Offline

Member

Registered: 01/21/03
Posts: 1721
Loc: New Jersey
John,

We have been getting a lot of calls asking about FPE, I posted this, to make it easy for anyone that wanted to print it out for their customers.
I am not one, in favor of class action, the way they work it usually yelds very little for the person harmed, with that said i guess a little help is better then none.

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#48471 - 02/18/05 05:47 PM Re: FPE class action suit in NJ?
renosteinke Offline
Cat Servant
Member

Registered: 01/22/05
Posts: 5305
Loc: Blue Collar Country
I was under the impression that FPE was out of business; they're not listed in my UL books. How do you sue an extinct company- or one not subject to US law?

UL is not aware of any "falsification." UL insists that FPE never "lost" its' UL listing- they just went out of business.
More to the point, UL does its' own testing, in its' lab, with its' people' generally without anyone from the mfr present. After a product is listed, a UL employee periodically visits the factory and takes samples directly from the line- and sends them to UL for re-testing.

The "faked tests" allegation came up when FPE was purchased at one point- and even then, the accusation was seen as little more than a bargaining ploy.

Just because someone went to law school doesn't mean they have any sense. This suit is going nowhere.

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#48472 - 02/18/05 06:05 PM Re: FPE class action suit in NJ?
LK Offline

Member

Registered: 01/21/03
Posts: 1721
Loc: New Jersey
John,

It has been accepted by the courts, and under New Jersey Laws, the false test results are the reason the court is hearing the case, under consumer fraud laws.

There was no cheating by UL, and the company did not go out of business.

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#48473 - 02/18/05 09:38 PM Re: FPE class action suit in NJ?
Attic Rat Offline
Member

Registered: 12/14/03
Posts: 530
Loc: Bergen Co.,N.J. USA
... I got one too,... bogus??? probably.. I called their office to see if it was a scam, and asked them how the heck they got my name.They told me that the Board of Electrical Examiners furnished them with the names and addresses of ALL of the Licenced Contractors in NJ.Oh, and she said that it wasn't a scam!! yeah,OK....
Russ
_________________________
.."if it ain't fixed,don't break it...call a Licensed Electrician"

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