Santa Clara, CA: Floor and Decor Outlets of America is facing a consumer fraud class action lawsuit alleging its laminate wood flooring contains excess levels of formaldehyde. Brought by Bridget Smith, Rene Tan, Victor Castaneda, Krisada Lueamrung, Damon Lovett and William Chalk, individually and for all others similarly situated, the complaint states that for at least the last four years, certain laminate wood flooring manufactured in China and sold by the defendant, has contained formaldehyde in levels that exceed those set by California Air Resources Board regulations.
The complaint asserts that the laminate flooring sold by Floor and Décor contains urea-formaldehyde resin as a bonding agent for the wood particles in the laminate flooring core. The consequent levels of formaldehyde levels present risk of personal injuries to those exposed to it. The suit asserts breach of express and implied warranties, fraudulent concealment, negligent misrepresentation, negligence, unjust enrichment, violations of the Magnuson-Moss Warranty Act and violations of California, Nevada, Georgia, Tennessee, and Texas state laws.
The plaintiffs and others in the class seek actual, compensatory, and punitive damages, plus interests, declaratory and equitable relief, attorney fees, and costs of the suit, together to exceed $5 million. The plaintiffs are represented by Kenneth S. Canfield of Doffermyre Shields Canfield & Knowles of Atlanta and by Daniel K. Bryson and Scott C. Harris of Whitfield Bryson & Mason of Raleigh, North Carolina. The lawsuit is Atlanta Division of the Northern District of Georgia Case number 1:15-CV-04316-ELR
