Top Class Actions  |  August 31, 2020

Category: Closed Class Actions

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This settlement is closed!

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KitchenAid dishwasher rack adjuster parts can reportedly break, resulting in an unusable appliance.

KitchenAid dishwasher owners may be able to recover class action rebates if their rack adjuster and top rack broke unexpectedly.

The settlement benefits consumers who purchased certain KitchenAid dishwasher models equipped with an upper rack adjuster between October 2010 and June 14, 2019. A full list of affected dishwasher models can be found here.

Plaintiffs Warren Burch, James Bodley, Kyle Matson and Ronald McCallum filed two class action lawsuits against Whirlpool, alleging the company distributed several KitchenAid brand dishwashers with defective upper dish rack adjusters.

Allegedly, these upper racks were equipped with defective wheel axels. When exposed to the high temperatures caused by normal dishwasher use, these axels could allegedly break after becoming brittle due to the heat.

If the KitchenAid dishwasher rack adjuster pieces broke, the top rack reportedly collapsed from its place within the appliance or became stuck in place and unable to move. Either of these results allegedly rendered the top rack of the KitchenAid dishwasher useless.

“In either case, the failure makes a dishwasher inoperable because a consumer cannot load dishes in his or her dishwasher and therefore is unable to use the dishwasher for the ordinary purpose of cleaning dirty dishes,” the KitchenAid dishwasher rack adjuster class action lawsuit contended.

“Once a failure occurs, Plaintiff and class members cannot wash dishes until the failed rack adjuster is replaced.”

Whirlpool was allegedly aware of this issue due to countless consumer complaints they received. However, despite being aware of the problem, Whirlpool reportedly failed to recall the appliances or inform consumers of the issue.

Instead, the company allegedly refused to cover the broken KitchenAid dishwasher racks under warranties — telling customers “rack adjusters are not defective and are affordable and easy to fix.” As a result, consumers like the plaintiffs were forced to purchase replacement rack adjusters out of pocket and install the parts without support from Whirlpool — only contributing to the company’s profits by purchasing replacement parts.

Whirlpool has not admitted any wrongdoing but has agreed to a KitchenAid dishwasher rack adjuster class action settlement. Under the terms of the settlement, multiple benefits are available, including replacement parts, class action rebates and cash payments.

Class Members who have never had to repair their upper rack adjuster or who repaired their upper rack with a plastic upper rack adjuster can collect any of the following benefits: free stainless steel replacement for their upper rack adjuster; a 30% class action rebate for the future purchase of a KitchenAid brand stand mixer; a 10% rebate on the future purchase of a KitchenAid brand blender; or $15 by submitting a claim for Future Relief.

Class Members who replaced their upper rack adjuster with a stainless steel replacement part are not eligible for future relief offered under the settlement.

In order to secure future relief from the settlement, Class Members must file a valid claim form by June 15, 2021. Claim forms can be filed online or by printing a claim form from the settlement website and mailing it to the settlement administrator.

The deadline for exclusion or objection was July 29, 2019. Exclusion allowed Class Members to keep their claims against Whirlpool but disqualified them from benefiting from the settlement. Objection allowed Class Members to voice their issues with the settlement terms. Objections were later considered by the court at the final approval hearing.

The final approval hearing for the KitchenAid dishwasher class action settlement was held on Oct. 15, 2019. At this meeting, the court granted final approval for the settlement after finding the deal’s terms to be fair and reasonable.

Who’s Eligible

Consumers who purchased certain KitchenAid dishwasher models equipped with an upper rack adjuster between October 2010 and June 14, 2019. A full list of affected dishwasher models can be found here.

Potential Award

Several benefits including replacement parts, rebates, and cash payments.

Class Members who have never had to repair their upper rack adjuster or who repaired their upper rack with a plastic upper rack adjuster can collect a free stainless steel replacement for their upper rack adjuster; a 30% rebate for the future purchase of a KitchenAid brand stand mixer; a 10% rebate on the future purchase of a KitchenAid brand blender; or $15 by submitting a claim for Future Relief.

Class Members who replaced their upper rack adjuster with a stainless steel replacement part are not eligible for future relief.

Proof of Purchase

Model and serial number of KitchenAid dishwasher.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

6/15/2021

Case Name

Burch v. Whirlpool Corp., Case No. 1:17-cv-00018, and Bodley, et al. v. Whirlpool Corp., Case No. 1:18-cv-00594, both in the U.S. District Court for the Western District of Michigan

Final Hearing

10/15/2019

Settlement Website
Claims Administrator

Burch v. Whirlpool Corp.
c/o Epiq
Settlement Administrator
P.O. Box 4655
Portland, OR 97208-4655
info@dishwasherclassaction.com
1-888-724-0245

Class Counsel

R. Brent Irby
MCCALLUM, HOAGLAND & IRBY LLP

Edward Wallace
WEXLER WALLACE LLP

Nathan Carpenter
Rebecca Bell-Stanton
CARPENTER & SCHUMACHER PC

Defense Counsel

N/A

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37 thoughts onKitchenAid Dishwasher Rack Adjuster Class Action Settlement

  1. Ann December says:

    I received my replacement parts for the top rack of my kitchenAid dishwasher. Can you send instructions please. I am unable to find the instructions for the metal replacements.

    Thank you

  2. RAYMONDA Ashou says:

    PLEASE ADD ME THE PLASTIC UPPER OF MY WHIRLPOOL DISHRACK BROKE

  3. RAYMONDA Ashou says:

    please add me

  4. Kendra says:

    Add me please.

  5. Lori Leonard says:

    Add me

    1. Clay garner says:

      Add me,

  6. Starla R Spry says:

    Add me please!!

  7. Tammy Nash says:

    Add me please

  8. Debra Collins says:

    I have already have my upper back repaired so I’m not eligible for the class action, however I was just wondering why they would offer us a discount on a stand mixer or a blender for a problem with a dishwasher? “ Class Members who have never had to repair their upper rack adjuster or who repaired their upper rack with a plastic upper rack adjuster can collect any of the following benefits: free stainless steel replacement for their upper rack adjuster; a 30% class action rebate for the future purchase of a KitchenAid brand stand mixer; a 10% rebate on the future purchase of a KitchenAid brand blender; or $15 by submitting a claim for Future Relief.”

  9. DEBORAH DUPRE-GERBER says:

    please add me

  10. Joni Birdsall says:

    UGH! I have a Kitchenaid diswasher with a DIFFERENT model number that I have replaced the upper rack 3 times in 3 years already. Piece of junk. Don’t ever buy Kitchenaid/Whirlpool dishwashers. Learn from my mistake.

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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.