Federal Court Orders SunSetter to Pay $9.25M in Connection with Alleged Failure to Timely Report Defective Awning Covers to the CPSC

Yesterday, a federal court in Massachusetts entered a consent decree requiring SunSetter Products LP (SunSetter) to pay $9.25 million in civil penalties and implement and maintain a robust compliance program to prevent future illegal conduct, the Justice Department announced.

In a complaint filed April 6, 2023, the government alleged that SunSetter failed to timely report to the Consumer Product Safety Commission (CPSC) a defect affecting approximately 270,000 protective covers used with SunSetter retractable awnings. According to the complaint, removal of the defective awning cover could cause the retractable awning to unexpectedly spring open with enough force to knock over anyone in the awning’s path, putting consumers using ladders to access the awning at risk of death or serious injury. The complaint alleged that multiple consumers were injured, and one killed, as a result of this defect. The complaint alleged that SunSetter violated the Consumer Product Safety Act (CPSA) by failing to report the defect until 2017, despite being aware of consumer complaints as early as 2012 and completing its own simulation testing in 2015 that confirmed the safety hazard. SunSetter recalled the covers in August 2019.

“The failure to immediately report dangerous products puts consumers at unnecessary risk,” said Acting Assistant Attorney General Yaakov Roth of the Justice Department’s Civil Division. “The Department will continue to work with the CPSC to hold accountable companies that fail to follow the law.”

“This settlement makes clear that companies must prioritize consumer safety and comply with their legal obligations to report hazardous defects in a timely manner,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “SunSetter’s failure to do so had tragic consequences. We will continue to hold companies accountable when they put the public at risk by disregarding federal safety laws.”

“This consent decree is an important reminder of the affirmative obligation to report product hazards in a timely manner,” said Acting Chairman Peter A. Feldman of the Consumer Product Safety Commission. “I appreciate the work of CPSC staff and our partners at DOJ in resolving this matter and keeping American consumers safe.”

Trial Attorneys Brett Ruff and Nicole Frazer of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Anuj Khetarpal for the District of Massachusetts, with the assistance of Renee McCune of CPSC’s Office of the General Counsel and Amelia Hairston-Porter of CPSC’s Office of Compliance and Field Operations, are handling the case.

For more information about the enforcement efforts of the Consumer Protection Branch visit the Branch’s website at www.justice.gov/civil/consumer-protection-branch.

The claims resolved by the consent decree announced today are allegations only, and there has been no determination of liability.

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Source: Justice.gov