Sarah Mirando  |  July 30, 2013

Category: Legal News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Judge Denies Whirlpool’s Bid to Dismiss Energy Star Class ActionA beleaguered class action lawsuit accusing Whirlpool of defectively manufacturing front-loading washing machines that are prone to mold growth and foul odors has been allowed to continue, once again.

In April, the U.S. Supreme Court reversed a ruling by the Sixth Circuit Court of Appeals that allowed the Whirlpool washing machine class action lawsuit to proceed, and remanded the case back to the Sixth Circuit.

Whirlpool argued that the members of the class action lawsuit did not have enough in common to be certified as one class. According to Whirlpool, the putative class members had purchased different models of the front-loading washing machine and they were not all injured in the same way. Whirlpool also claims that a class action lawsuit is inappropriate under federal standards because the alleged defect affects only 3 percent of their washers.

An Ohio federal judge certified the class and the Sixth Circuit Court of Appeals upheld that decision in 2010. Whirlpool appealed, and the case went to the Supreme Court, which reversed the Sixth Circuit Court of Appeals decision and remanded the case so the court could reconsider its decision.

In their July 18 decision, the Sixth Circuit found that the putative members of the Whirlpool washing machine class action lawsuit shared similar allegations about a design flaw in Whirlpool’s front-loading washing machine. “Because all Duet owners were injured at the point of sale upon paying a premium price for the Duets as designed, even those owners who have not experienced a mold problem are properly included within the certified class,” the appeals court said.

This decision will affect the nearly 163,000 washing machines that were sold in Ohio between 2002 and 2009. The class action lawsuit will be handled in Ohio federal court.

The Whirlpool front-loading washer defect class action lawsuit was initially filed by Gina Glazer and Trina Allison. They complained that, despite following Whirlpool’s recommendations, their front-loading washers became affected by a foul-smelling mold that they could not get rid of. They allege that Whirlpool’s Duet, DuetHT, DuetSport, and DuetSportHT models were poorly designed and susceptible to mold and mildew growth. While Whirlpool offered numerous tips on how to get rid of the mold and mildew, the plaintiffs were unable to do so. They spent significant time and money in their attempts to get rid of the foul-smelling mold.

Plaintiffs claim that their washers began to stink just months after they were purchased. While some plaintiffs noticed the smell of mold or mildew, others actually observed mold growing on the rubber door seal. They allege that they routinely left the washer door open to allow the device to dry completely, as was recommended by Whirlpool. Glazer and Allison claim that they were unaware of the potential mold issues when they purchased their washing machines. They insist that they would not have purchased the Duet models had they known about this tendency.

A similar class action lawsuit is currently pending before the Seventh Circuit Court of Appeals. In that case, consumers accused Sears Roebuck & Co. of selling defective Whirlpool front loading washing machines.

The Whirlpool Duet Washing Machine Class Action Lawsuit is In re: Whirlpool Corporation Front-Loading Washer Products Liability Litigation, Case No. 10-4188, in the U.S. Court of Appeals for the Sixth Circuit.

UPDATE: On Oct. 30, 2014, a jury decided in favor of Whirlpool, finding that the company did not negligently design the front-loading washing machines and did not breach its warranty to consumers. Attorneys for the plaintiffs say they plan to appeal the verdict.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


30 thoughts onSixth Circuit Reinstates Whirlpool Washing Machine Class Action Lawsuit

  1. Nathan says:

    Our Whirlpool Cabrio is an energy saver. Ya! Right!!! It is a top loader that doees nothing but tangle and get off-balanced, making a racket with each wash. Our Whirlpool dryer is another so-called energy saver that does not dry. Wiill never again buy Whirlpool.!!!!!

    1. Penny Bultez says:

      My new cabrio was less than 6 months old had a new drum, bwlancer, two lids which were defective, water pump installed, and I have issues with the touch panel. They never replaced the panel and now my warranty has expired. It is so sad to spend our hard earned money on a piece of junk.

  2. Irene Covington says:

    We bought a Whirlpool duet in 2005, needles to say they were about $2,000. because of being just out persay. All of you are correct. I have scrubbed the rubber ring, still a black color. I leave the door open. But it still smells up the room. Answers?
    Irene

  3. Marilyn Larson says:

    What about top loading Whirlpool Cabrio? Nothing but dirty laundry, lint covered, partly dry laundry? And taking forever to do a load, because that takes extra energy too, like electricity. And leaving the lid open when not in use? That invites trouble. I spent a lot of money for it. At my age, I can’t afford to replace it. I’ve gone through so much grief because of it. It really hurt knowing that I can’t buy another one to replace it. And I don’t want to sell a defective washer to anyone without them knowing, and who would buy it if they knew? It’s been almost 2 years since I bought it. I am disabled and have trouble following through on timely issues like statue of limitations. I called Loews to see if I could get my money back, but I think that I waited to long. Can’t remember it except I got the run-around. The EPA has something to do with it obviously. This is a sham.

  4. Latrice Collins says:

    I have issue with the leakage and the frontloader is destroying my clothes. I have spent thousands of dollars replacing clothing. Can someone please help with this issue

    1. Sharon says:

      The whirlpool duet washer is putting holes in my clothes. Please help!

  5. Top Class Actions says:

    UPDATE: On Oct. 30, 2014, a jury decided in favor of Whirlpool, finding that the company did not negligently design the front-loading washing machines and did not breach its warranty to consumers. Attorneys for the plaintiffs say they plan to appeal the verdict.

  6. Paul Flynn says:

    In my opinion, leaving the door ajar does lessen odor by circulating air but the cause of odor is still there upon the next wash. The best way to remove odor-causing residue is to use a washing machine cleaner that can be used with laundry. The added bulk of clothing will raise the water level to include the “splash area” just above the normal waterline where suds and soiled water can’t reach. Other tips include:
    1. Use much less detergent. No more than a tbsp for normal loads.
    2. Fabric softener is dispensed in the rinse cycle and is a food source for molds and bacteria. Dryer sheets or even the chemical-free dryer balls are a better option.
    3. Using cold water is fine but makes preventive maintenance very important. A hot wash as your last cycle on wash day will help dissolve and flush out grime.
    4. Draining problems can cause odor. Cleaning any filter or trap is important maintenance.

  7. Linda says:

    I have a Whirlpool DUET Washing machine and I just read on the class action Law Suit sight that they are trying to get Whirlpool to do something with these expensive Machines. I have tried everything and the mold is there to stay on the rubber gasket. I leave the door open all the time. I am very disappointed with Whirlpool and Sears.

  8. Wanda says:

    We also bought a front load Whirlpool Washer at Sears and I have the same problem as all of you do. My washer has mold, and it won’t come out, it also stinks. I have to leave the door open all the time for if I close it after washing a load of clothes it has a horrible smell when I open it. I emailed Whirlpool about it and also Sears, sent them pictures of the mold. Never heard from Whirlpool and Sears told me they had several new washers for sale, guess he thought we were rich people. We only draw our social security, so buying another washer is something we can’t do. Hope they do have a lawsuit on this.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.