LG, Sears Washer Defect Class Action Lawsuit Dismissed

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On Tuesday, a California federal judge dismissed a class action lawsuit alleging LG Electronics USA Inc. and Sears Holdings Corp. manufactured and sold defective washing machines, finding that the plaintiffs failed to show that the companies had breached their warranties. She dismissed the warranty claims with prejudice but granted leave for the plaintiff to amend the remaining claims.

The LG, Sears washer defect class action lawsuit was initially filed in September 2013 by plaintiff Laury Smith, who accused the companies of labeling and advertising some of its washing machines as “high efficiency” machines that featured “extra high” spin speeds. Contrary to these representations, Smith argued that these washing machines have inherent defects that cause them to shake violently due to unbalanced loads, causing internal parts to become loose.

On Dec. 28, 2012, the U.S. Consumer Products Safety Commission recalled six models of LG/Kenmore washing machines that were manufactured between February 2010 and November 2011, finding that these models posed a risk of personal injury and property damage due to the alleged defects. Consumers who purchased the affected washers were urged to immediately contact LG or Sears for a free in-home repair so that a software upgrade could be installed on the washing machines.

Smith asserts in the class action lawsuit that this “upgrade” simply capped the spin speed of the washing machine so that they would no longer perform at the advertised “extra high” spin rates. She also says that consumers were provided with stickers that listed a number of items that the washing machines were no longer capable of washing. She claims that her washer no longer functions as advertised after the repair. She filed the class action lawsuit alleging several breach of warranty claims, unjust enrichment, false advertising and violations of the Unfair Competition Law.

LG and Sears filed a motion to dismiss the washing machine class action lawsuit in February, asserting Smith’s class action lawsuit failed to state a claim for breach of express warranty because the warranty does not cover alleged design defects. Further, they argued that her claims were based on generalized statements made in product advertisements.

U.S. District Judge Phyllis J. Hamilton agreed with the defendants’ assertion. “Such generalized advertisements say nothing about the specific characteristics or components of the machine, and include no guarantee … that the machine will not require a repair within a specific period of time,” the judge wrote.

Judge Hamilton dismissed all of the breach of warranty claims from the class action lawsuit with prejudice. However, she will allow the plaintiff to file an amended complaint with the remaining claims before April 11, 2014.

Smith is represented by L. Timothy Fisher, Sarah N. Westcot and Annick M. Persinger of Bursor & Fisher PA, and Barry L. Davis and Aaron P. Davis of Thornton Davis & Fein PA.

The LG, Sears Washer Defect Class Action Lawsuit is Laury Smith v. LG Electronics USA Inc., et al., Case No. 4:13-cv-04361, in the U.S. District Court for the Northern District of California.