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.
Update:
- Two California consumers have agreed to settle a class action lawsuit filed against Whirlpool Corp. that alleged the company sold refrigerator models with defective control panels, leading to ice buildup and leaks in the surrounding area.
- Whirlpool and plaintiffs Kimberly Chebegia and Kristopher Spear filed the joint motion for dismissal July 28 in a California federal court.
- “The request for dismissal is based on the Parties’ settlement of this matter, which resolves all disputes between the Parties,” the motion states.
- The plaintiffs filed the original complaint Nov. 13, 2020. In it, they claimed they purchased a KitchenAid Refrigerator with ice buildup issues that caused excessive water accumulation and necessitated costly repairs to the refrigerators and the home.
(Nov. 20, 2020)
Two California consumers proposed a class action lawsuit against Whirlpool Corp., raising allegations the company sold refrigerators with defective control panels, leading to ice buildup and leaks in the surrounding area. Defects in home appliances products can lead to costly repair and even home damages.
Plaintiffs Kimberly Chebegia and Kristopher Spear filed the complaint Nov. 13, 2020, in the U.S. District Court for the Southern District of California. They each claim they purchased a KitchenAid refrigerator that had ice buildup issues that caused excessive water accumulation and necessitated costly repairs to the refrigerators and the home.
The proposed class action lawsuit follows closely behind a separate Whirlpool class action lawsuit that was recently settled for $21 million to resolve allegations concerning defective drain tubes in refrigerators manufactured by the company that caused freezing resulting in water leakage.
Raising twelve causes of action, the suit alleges Whirlpool’s refrigerators had manufacturing and design defects, and asserts that the company was negligent, breached its warranty of merchantability with consumers, and violated California law by distributing and selling combination refrigerator-freezers that had defective parts. The lawsuit also raises claims under the federal consumer protection laws of the Magnuson-Moss Warranty Act and state law claims under California’s Song-Beverly Consumer Warranty Act.
According to the class action lawsuit, the Whirlpool refrigerator models were sold with control panels that are defective and malfunction, causing the defrost function to fail and an accumulation of ice on the outside of the doors, which can result in an ice buildup that prevents the doors from closing and causes costly damage to the interior of the home, flooring, kitchen cabinetry, baseboards and walls.
In the complaint, both plaintiffs claim the control panel on each of their refrigerators failed, warranting repairs. Spear contends that the “cntrl-elec” on his refrigerator had to be replaced numerous times, in addition to the “panel-ui,” and the “thermistor.” Chebegia and Spear claim they incurred fees of $69 and $75, respectively, from Whirlpool as a result.
The defective control panels also affect other components of the refrigerator, as stated in the suit, including the evaporator coils and thermistors, which are critical to a refrigerator’s normal functioning.
“Hundreds, if not thousands” of consumers are affected by the faulty control panels, according to the lawsuit, exposing them to financial injuries by having to incur costs for refrigerator and home repairs as well as to replace spoiled food.
The complaint states that due to the ice buildup and water accumulation surrounding the refrigerator area, those who purchased the refrigerators are also at risk for potential physical injuries that could arise as a result of slip and falls or electric shock.
“Defendants knew or reasonably should have known that the Class Refrigerators and/or the Control Panels were dangerous or were likely to be dangerous when used or misused in a reasonably foreseeable manner,” the complaint asserts.
Chebegia and Spear also allege Whirlpool didn’t inform consumers about the risks associated with the alleged defect or issue a recall, “all in order to increase Defendants’ profits.” They argue they wouldn’t have purchased their refrigerator-freezers if they had known they had a defective part, stating, “The existence of the Control Panels defects are a material fact that a reasonable consumer would consider important when deciding whether to purchase one of Class Refrigerators.”
On behalf of themselves and the proposed class, the plaintiffs request compensatory damages, statutory damages and penalties, restitution, attorneys’ fees and a court order requiring that Whirlpool “correct its illegal conduct,” as stated in the suit.
What refrigerators are affected by the alleged defect causing ice buildup?
In the suit, the refrigerators specifically purported to have been defective include KitchenAid Refrigerator, Model No. KRFF707ESS01 (S/N K64306682), as alleged by Chebegia and KitchenAid Refrigerator, Model No. KRFF707ESS01 (S/N K84700802), as claimed by Spear.
The “cntrl-elec” that Chebegia stated to have failed is listed in the complaint as Org. Manu. No. W10665178/Current Manu. No. W10830278.
Additionally, the “cntrl-elec” panels alleged by Spear to have failed include Org. Manu. No. W10665178/Current Manu. No. W10830278, Org. Manu. No. W10635302, W10790783, W10814803, W11113852, W11185975)/Current Manu. No. W10830288. He also states “panel-ui,” Org. Manu. No. W10838861)/Current Manu. No. W11089930 has failed.
Spear further claims in the complaint that the following “thermistor” original manufacturing numbers were defective: Org. Manu. No. AP4538142, 12791417, 12791417SP, 12791419SP, W10280385, W10280386, W10308052, W10323459, W10438639, W10438761, W10452402 or WPW10323459/Current Manu. No. W10316760.
The complaint also included an extensive list of refrigerator-freezer models manufactured by Whirlpool as an exhibit, which are alleged to have defective control panels, including a number of models marketed under the brand names Whirlpool, Kenmore, Maytag, KitchenAid, and Jenn-Air.
The Whirlpool refrigerator ice buildup lawsuit is Chebegia, et al. v. Whirlpool Corp., Case No. 3:20-cv-02217, in the U.S. District Court for the Southern District of California.
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:
10 thoughts onWhirlpool refrigerator defect class action dismissed
My whirlpool side by side refrigerator is not making ice AGAIN. It’s less than 2 years old and was replaced once due to “insulation” issues. I should not have to pay $500 to fix an ice maker.
i had issues with mine, dyed after a $400.00 food shopping bill
I have a Whirlpool refrigerator with a bottom freezer. It was purchased in 2015. At some point a couple years ago the freezer became difficult to open, so it took a yank. Shortly thereafter it leaked. I cleaned up the water that was leaked. This would happen every couple of weeks. It was a while before I figured out there was an internal leak of some sort that was resulting in the door being frozen shut. Once the frozen material was cracked it would melt and this time the leak would be all over the floor. I have been unable to find anything in the user manuals or other available documentation that addresses ANY part of this difficulty. I have been extremely reluctant to call a repairperson in to look at the problem because (1) my experience with repairpersons has been iffy, at best, and (2) I have been ill (chronic condition, neither contageous nor of the life threatening variety) and not had the energy/time to get the appliance straigtened up so an examination and repair would be possible. So two dqys ago I see a headline about refrigerators posing a serious problem for consumers, so here I am, asking if there is anything I can do short of just wading into the fray, credit card in hand, to get repair work done. Thoughts? Suggestions?
My refrigerator leaks water at bottom. Should evaporate, but doesn’t. Please add me.
My husband and I purchased a 5 door Kitchenaid Refrigerator and it’s only been in use since early 2020. The freezer would not hold temperature and the items started defrosting. Water started coming out the bottom of the refrigerator pan that was supposed to evaporate from what the service technician advised the first time. At that time, the freezer decided to start freezing again. Less than a month later, the technician had to be called back out because the food started defrosting again and this time there is now a noise coming from the freezer AND there is ice build up on the back wall when you pull the drawers out. Of course the product is now out of warranty, and it’s about 300-500 per panel (there’s 5 by the way) to fix and the thermistor from what the technician advised. He also mentioned that even replacing those may not fix the issue. He stated this is a known issue with the 5 door model. I called Kitchenaid/Whirlpool for assistance and all that could be offered was 15% off a new appliance- because , yeah we want to spend thousands to replace and get another defective item right??? The address to their corporate office to file a formal complaint is: Whirlpool Executive Offices US Consumers- 553 Benson Rd, Benton Harbor, MI 49022. I will be sending in my formal complaint. Good luck everyone!
I believe I have one of the faulty whirlpool refrigerators. Within a few months of buying a new Whirlpool – my ice maker went out. It was repaired – now it’s not making ice again. This is definitely a lemon.
JoAnne
I’ve purchased a Kitchen Aide refrigerator in 2020 and had exactly the same issues- water leaking and ice build up, it’s been more than 6 months since I’ve been dealing with constant repairs. I’m located in IL, are there any other refrigerator owners who expedited same issues as described in the article above?
My elderly parents purchased a Whirlpool fridge and from the beginning noticed it had a scratch or two and I called Home Depot to let them know so that was the first thing. Then within months the ice maker stop working and it took awhile from them to replace it Now this ice maker all of sudden stop working again and whirlpool is saying well now we have to pay to get it fixed that’s Not right. Now does whirlpool make bad product and apparently this ice maker has issues and needs Correction!!!
All of our years of having any fridges with ice maker we Never had this problem but we never had a Whirlpool neither. We switched to Whirlpool believing the hype about it being top of the line well from what we have been shown not so. Fix this and make it right fridges are Not cheap and why buy ice when you have a fairly new fridge with a ice maker it doesn’t make sense!!!!!
Whirlpool(sidekicks) refridgerator model EL87TRRRS05 and freezer model EV187NYRS04 has faulty drain tubes in both models.My wooden kitchen floor is ruined,have not looked yet to see if there is any mold.water collects and freezes in the bottom of freezer,collects on the bottom fridge.I have to use a towel to suck up the water.Did not know there was a prior lawsuit on this.Is there any help for me?
I have the same issue with my Whirlpool refrigerator. I was not aware of a lawsuit either.