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.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
65 thoughts onWhirlpool class action claims refrigerators fail to properly cool
I bought a new refrigerator in October 2023, first off the door gasket was bad and they had to replace it. Now when the freezer is cold enough to freeze things, the refrigerator part also freezes. The refrigerator part is cool enough not to freeze, the freezer also, thawed. They have scheduled service this coming Tuesday. We will see what happens.
I purchased a whirlpool refrigerator 8/2022 and it would constantly run, make noise and would stop cooling top and bottom. I had tech out 4 times and have loss food because of it. I still make payments until 3/2024.
We have a whirlpool refrigerator double door. New with house built in 2021. Keeps freezing up. Tech came out and said it was the thermistor. Needed a new fan and thermistor unit as they come in the same harness. Parts are hard to come by online…probably because of demand. Our model number is WRF757SDHV02
I purchased a very similar, somewhat larger 28.4 cubic foot Whirlpool side-by-side frig from Lowes in mid-November. I immediately noticed that it NEVER seemed to turn off and was constantly running. The model number is WRS588FIHZ. A few days after I received it, I noticed there was considerable frost forming on the lower back wall of the freezer near the evaporator coils. Because of the continuous running, I plugged the machine into a meter that reads amps, wattage and kwh used and found it was using twice as much electricity as the Energy Guide spec said it would (4 kwh/day versus the spec 2 kwh/day.) I contacted Whirlpool about the problems and they sent the local tech out in early December. He was unable to fix the frig. He has been back twice since, three times total so far, and has been unable to fix the frig. About 10 days ago, the frig stopped cooling. It is about 50 degrees in the frig and about 20 to 25 degrees in the freezer. The Whirlpool tech confirmed these reading when he was here last week. He called into Whirlpool corporate tech service and they had no solutions, only offering that “these refrigerators do that” referencing the frost build up problem. Thus far, Lowes and Whirlpool have refused to take the frig back. I was seeking a straight exchange prior to learning about this a systemic problem with Whirlpool side-by-sides, now I just want my money back. I really wanted to like this frig and the reviews on Lowes were very good but it has been a circus of horrors so far and now is more like a $2000 stainless steel cooler than a refrigerator.
Evidently this model, WRS588FIHZ, should be added to the class action suit because it exhibits the exact same problems noted in the complaint.
Please add me
Add me
Bought a whirlpool refrigerator spring of 2022. The unit was manufactured 2/2022. When the food in the freezer was cold enough to freeze. Everything froze in the refrigerator section. When the refrigerator section was at a reasonable temperature, everything in the freezer thawed. I stopped using the freezer section and bought a separate small freezer. Now, the whole temperature component is messed up. Everything is freezing or it just stops and everything spoils. It’s way too expensive to repair, so I’m buying a new fridge this week.
Please add me I just purchased one last year now I’m worried ☹️
I have a Whirlpool refrigerator.
had one for years.