Whirlpool class action claims refrigerators fail to properly cool

Whirlpool refrigerators class action lawsuit overview: 

• Who: Kim Reed filed a class action lawsuit against Whirlpool Corporation. 
• Why: Reed claims Whirlpool sells certain refrigerators that are unable to maintain a cool temperature because of a defect the company allegedly is aware of. 
• Where: The class action lawsuit was filed in Delaware federal court. 

Whirlpool Corp. sells certain refrigerators that aren’t able to maintain a cool temperature, a new class action lawsuit alleges. 

Plaintiff Kim Reed claims her Whirlpool 36-inch Wide Side-by-Side Refrigerator stopped getting cold in both its refrigerator and freezer areas shortly after she purchased the appliance. 

Reed argues she ultimately had to pay $245 out-of-pocket to purchase a new refrigerator after both Whirlpool and the store where she purchased the appliance were allegedly unable to fix the problem. 

“Plaintiff was without a refrigerator for 32 days and lost approximately $730.00 in food as a result of her refrigerator breaking,” the Whirlpool class action states. 

Reed wants to represent a nationwide class and New York subclass of consumers who have purchased a Whirlpool refrigerator with a defect that prevents it from being able to maintain a cool temperature. 

Defect causes certain Whirlpool refrigerators to not maintain cool temperature, says class action

Reed argues certain Whirlpool refrigerators are unable to maintain a cool temperature due to a defect that causes the evaporator in the device to accumulate frost and fail to properly defrost, resulting in refrigerant leaks. 

“Specifically, the thermistor in the Refrigerators is attached by a defective clip, which causes it to become loose and/or fall off due to its design defect,” the Whirlpool class action states. 

Reed claims the alleged defect was confirmed by Whirlpool in a Technical Service Pointer the company released in September 2021. 

“Despite its demonstrated knowledge of the Defect, the Defendant continued to sell the appliances with the Defect to consumers,” the Whirlpool class action states. 

Reed claims Whirlpool is guilty of unjust enrichment, fraud, common law fraud by omission, and breach of express warranty, and of violating New York General Business Law. 

The plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, statutory, and punitive damages for herself and all class members. 

A class action lawsuit filed against Whirlpool in 2020 was dismissed last year after the company agreed to settle claims with a pair of consumers who argued it sold refrigerators with defective control panels. 

Have you purchased a Whirlpool refrigerator that stopped getting cool shortly after? Let us know in the comments! 

The plaintiff is represented by P. Bradford deLeeuw of deLeeuw Law LLC, Daniel C. Levin and Nicholas J. Elia of Levin Sedran & Berman, D. Aaron Rihn and Sara Watkins of Robert Peirce & Associates, and Nicholas Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP. 

The Whirlpool refrigerators class action lawsuit is Reed v. Whirlpool Corp., Case No. 1:23-cv-01037, in the U.S. District Court for the District of Delaware.

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