Fleisher v. Fiber Composites, LLC

Fiber Composites, LLC (Fiber) (defendant) manufactured and sold Portico, a composite decking product that was designed to be moistureproof. Fiber promoted Portico through advertisements and Fiber’s website. Fiber warranted that Portico would not rot or suffer structural damage from fungal decay for 20 years. A disclaimer provided that the express warranty was the exclusive warranty and a purchaser’s sole remedy was replacement of defective material. Fiber’s promotional materials represented that the choice of decking material would influence the appearance of the buyer’s home, Portico decking would stay beautiful and give the buyer years of outdoor enjoyment, Portico products had consistent color and looked like a hardwood floor, Portico products had a quality finish that reduced mold buildup, and Portico could resist moisture penetration from fungal rot. David Fleisher and others (the purchasers) (plaintiffs) purchased Portico decking that became discolored as a result of fungal growth caused by a latent manufacturing defect. Fiber refused to replace the decking under the limited warranty. The purchasers sued Fiber for breach of express warranty and the implied warranty of merchantability, and for violation of the Magnuson-Moss Consumer Products Warranty Act. The purchasers did not allege that they knew about Fiber’s express warranties before purchasing Portico. Fiber moved to dismiss the complaint.