Warner Plumbing Court Settlement Refund (2007)

Frequently Asked Questions

• How can I be sure this postcard notification is not a scam?  In today's marketplace this is, unfortunately, something for which we need to be aware. Consumers can be subject to phony "award" notification scams.In this case, you have contacted Montgomery County's official website and you can initiate contact directly with Montgomery County's Office of Consumer Protection to ensure that this is a bona fide notification.

• How long will it take to receive my refund?  We have retained the services of a settlement administration firm (Rosenthal & Company) to expedite issuing refunds. We hope to have refunds mailed out by June 2007. Please note that this is only a preliminary estimate for distribution.Accurate claims processing takes time, so we appreciate your patience.

• Do I have other options?  You are under no obligation to accept this refund. This restitution represents the best possible settlement Montgomery County was able to negotiate on your behalf. If you are considering rejecting the refund in order to pursue your own private legal remedies against Warner and to seek a larger refund, we strongly encourage you to consult a private attorney before you make a final decision.

• What do I have to do to claim a refund?  All you have to do is sign, complete, and return the postcard you received.Please carefully tear off the Claim Form portion of the postcard and mail it to the return address listed on the postcard on or before March 27, 2007. Postcards require $0.24 postage.

• How much money will I receive? How are the refunds calculated?  All consumers will receive the same amount per "bonus hour" or partial "bonus hour." Depending upon the number of claims received, it is anticipated that each consumer will receive approximately $60.00 per "bonus hour" Partial "bonus hour" will be reimbursed by 15 minute increments.

• What is a "bonus hour?"  A "bonus hour" represents an overcharge in which consumers were charged an amount of money in excess of the fair market charge/time for the service they received. Each "bonus hour" or partial "bonus hour" represents a shorthand way to calculate the amount of overcharge.

• Why did I receive notification? How do you know who is eligible for a refund?  You received this postcard from our office because your name was listed in Warner's records as a customer of Warner's during the time period from 1993 to 1995 and those records show that the invoice you received from Warner included a reference to a "bonus hour." This list of consumers was provided by Warner to MontgomeryCounty during the course of the lawsuit.

• Why is Warner Plumbing refunding money?  In response to complaints filed with, and an investigation conducted by, the Montgomery County Consumer Affairs Office (now called the Office of Consumer Protection) Montgomery County filed a lawsuit in June 1996 alleging that Thomas Warner, the Warner Companies, and some of their top level managers engaged in deceptive and unfair trade practices in violation of the Montgomery County Consumer Protection Act. In September 1999 the parties entered into a settlement of this lawsuit.Under the terms of the settlement agreement, the defendants agreed to make payments to Montgomery County over a ten year period ending in 2009. The parties entered into a subsequent agreement to accelerate and finalize the payment terms. Accordingly, the Defendants have completed making their payments to MontgomeryCounty. These refunds represent restitution to consumers who were subjected to the Defendant's "bonus hour" billing practices from 1993 to 1995.

• What should I do if I know about other problems in the marketplace?  Please contact the Office of Consumer Protection if you seek pre-purchase information, experience a complaint, or want to notify our office of any activity which you believe is deceptive.

• Who is the Rosenthal Company, LLC and why are they involved?  MontgomeryCounty's Office of Consumer Protection retained the services of a settlement administration firm (Rosenthal Company, LLC (www.RosenthalCo.com) to help locate, contact, and distribute refund checks to over 10,000 consumers.They have extensive experience in administering these types of settlements. A toll free number has been created to handle any further questions you may have: 1-800-207-0343.

• Why did it take so long to issue refunds?  This lawsuit was filed in 1996.It involved several Defendants and thousands of consumers. A settlement was reached in 1999 which provided a 10 year period over which the Defendants were to make payments to Montgomery County every year. We were able to accelerate the payment schedule so that refunds could be issued in less than the originally anticipated 10 years.

• Can I file a claim for a Warner repair invoice that took place after 1995?  No. The lawsuit and the settlement agreement apply only to consumer transactions by Montgomery County residents with Warner Plumbing during the time period from 1993 to 1995.

• What can I do if I think the refund is too low?  The refunds are based upon the number of "bonus hours" you were charged by Warner according to Warner's records. If you believe the "bonus hours"listed on your postcard are incorrect please note your concern on the postcard when you return it to the settlement administration firm (Rosenthal Company LLC). You may be required to provide documentation showing that the information we have is incorrect or incomplete.

• What Warner companies are covered by the settlement?  The Warner Management Company, Warner Plumbing of Maryland, Inc., Warner Electrical Services, Inc., Warner Air Conditioning and Heating Services, Inc., Warner Holding Company, Warner Vehicle Company, Warner Plumbing Services, Inc.

• How accurate are the Warner records on "bonus hours"?  The evidence submitted by Warner to the County as part of the lawsuit showed that Warner advertised that it billed for each job according to a "flat rate" or "book rate" per job. If, however, the employee managed to charge MORE than the "flat" or "book" rate, he received a bonus or reward based on each hour of overcharge.For accounting and other purposes Warner had to keep track of these added charges, and the County has obtained a list showing all these added charges for each job performed.