Sarah Mirando  |  June 13, 2013

Category: Legal News

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Judge Dismisses LG Refrigerator Defect Class Action Lawsuit

By Anne Bucher

 

LG refrigerator lawsuitA federal judge in California has dismissed a putative class action lawsuit alleging that LG Electronics USA Inc. knowingly sold defective refrigerators that caused food to spoil.

On Friday, June 7, U.S. District Judge Jeffrey T. Miller dismissed the class action lawsuit, filed by Jeanette Clark, ruling that she had not limited the Class to buyers of any specific type of LG refrigerators. Further, the judge found that Clark’s fraud claims were based on non-actionable advertising statements by LG, which claimed that its refrigerators would “keep your food fresh.” Clark has until July 8 to amend her complaint.


According to her class action lawsuit, Clark purchased an LG refrigerator in October 2011. The model she purchased featured a Smart Cooling Plus (SCP) system that was designed to keep food fresh. Despite this promise, Clark alleges that the product came with a design and materials defect that causes the SCP system to turn off. Because of this design defect, the food contained in both the refrigerator and freezer would defrost, causing the food to spoil. The condensation would then refreeze, causing the ice chute to clog and the drawers to freeze shut. According to Clark, the only way to reboot the control panel is to unplug the refrigerator for 15 minutes. She claims that the defect happens frequently and causes the control panel to burn out.

Clark alleges that LG was aware of their product’s defect but failed to disclose the problem to prospective consumers. To prove that LG should have been aware of the defect, Clark referred to several online complaints that mentioned the problem. She claims that these complaints should have put LG on notice that their product was defective. Because of LG’s failure to disclose the defect, Clark and the other proposed members of this class action lawsuit spent more than was reasonable for the refrigerator.

Judge Miller noted that only one of the online complaints predated Clark’s purchase. He also found that Clark failed to show why LG would have been aware of complaints that were posted on websites that did not belong to the company.

In her class action lawsuit, Clark accused LG of making fraudulent statements about the refrigerator’s ability to keep food fresh. She also claimed that LG failed to disclose the unusual steps necessary to maintain the refrigerator’s SCP system. Judge Miller found that, because these claims were premised on fraud, they were subject to heightened pleading standards.

Judge Miller agreed with LG’s assertion that the company’s statement that its refrigerators keep foods fresh should be considered “non-actionable puffery” because it refers to the purpose of refrigerators in general. The judge also found that Clark failed to specify which particular LG refrigerators her complaint involved. While Judge Miller found that Clark failed to adequately define the class, Clark may have a viable claim if she is able to appropriately define the class in an amended class action lawsuit.

Clark’s class action lawsuit is not the first to allege LG refrigerator defects. Last year, a judge approved a class action lawsuit settlement with LG regarding defects in certain LG and Kenmore French Door Refrigerators. In the class action settlement agreement, class members would be reimbursed for their out-of-pocket expenses for repairs.

The recently dismissed LG Refrigerator Defect Class Action Lawsuit case is Clark v. LG Electronics USA Inc. et al., Case No. 13-cv-00485, in the U.S. District Court for the Southern District of California.

The plaintiff is represented by Robert W. Thompson, Kathleen M. Hartman and Jessica Lulli of Callahan Thompson Sherman & Caudill LLP.


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Updated June 13th, 2013

 

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One thought on Judge Dismisses LG Refrigerator Defect Class Action Lawsuit

  1. Jennifer Warburton says:

    Purchased LG French door refrigerator in 2004. After the warranty expired I began to have problems. I had it repaired out of pocket 3x before I got rid of it. Pretty but not worth the money. Lasted five years!!! Same with all in one washer/dryer. Thousands for design with no function or efficiency.

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