Frigidaire Front-Load Washer Class Action Lawsuit Gets Certified

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On Friday, October 11, a Georgia federal judge granted class certification to California and Texas consumers who purchased Frigidaire washing machines that are allegedly defective and collect standing water.

Plaintiffs Robert Brown and Michael Vogler moved to certify the Frigidaire washer class action lawsuit in 2011. They claim that they purchased defective front-loading Frigidaire washing machines that collected water in the convoluted surface of a gasket after the wash cycle, causing mildew and mold to grow in the machine.

U.S. District Judge Lisa Godbey Wood granted the plaintiffs’ motion for class certification, finding that the Class Members shared common issues, including whether the machines in question had a common design defect, whether the defect would cause mold or mildew to grow and whether Frigidaire was aware of the defect but failed to warn consumers.

“Importantly, these issues are central to the validity of each class member’s legal claims,” Judge Wood said. “Thus, they will generate common answers that are likely to advance the litigation and drive the resolution of the lawsuit.”

The Frigidaire washing machine class action lawsuit was initially filed in 2008, and alleged that the mold and mildew that grew in the front-loading washing machines caused foul odors in clothing that had been put through the wash cycle. They claim that the company advertised that the appliance would make clothes “feel fresher and last longer,” a promise they say Frigidaire failed to deliver. However, the plaintiffs allege that the machines contained a “convoluted bellows” that caused the front-loading washing machines to “accumulate mold and mildew and emit an odor.”

Further, they argue that the problem was “so severe that clothing was stained and ruined and that an odor permeated their homes.”

Brown and Vogler argue that Frigidaire knew about the washers’ defects but failed to warn consumers, pay to repair or replace the defective machines under the manufacturer’s warranty, or to issue a recall of the defective machines. The plaintiffs assert that the company advised consumers to keep the washer door open when not in use and to wipe down the inside of the appliance after each use. According to the class action lawsuit, Frigidaire sold about 1.3 million of the defective washing machines.

The plaintiffs have asserted claims for breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment and violation of the Magnuson-Moss Warranty Act. The class action lawsuit also asserts various state law claims for unfair competition and deceptive trade practices.

Class Members include all persons and entities in the states of California and Texas who purchased a Frigidaire front-loading washing machine with a convoluted bellows in the last four years.

The plaintiffs are represented by Kenneth A. Wexler, Edward A. Wallace and Amy E. Keller of Wexler Wallace LLP; Brent Irby and Charles McCallum of McCallum Hoaglund Cook & Irby LLP; and Lee W. Brigham and John C. Bell Jr. of Bell & Brigham.

The Frigidaire Washing Machine Class Action Lawsuit is Michael Terrill, et al. v. Electrolux Home Products Inc. d/b/a Frigidaire, Case No. 1:08-cv-00030, in the U.S. District Court for the Southern District of Georgia, Augusta Division.

UPDATE: On Oct. 10, 2017, consumers will be offered coupons or reimbursements, according to a settlement agreement offered by Electrolux to end two class actions over moldy washing machines.

UPDATE 2: January 2018, the Electrolux, Frigidaire, Kenmore moldy washer class action settlement is now open. Click here to file a claim.