Sears and Whirlpool Settle Dishwasher Class Action Lawsuit

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After a year-long negotiation, a proposed settlement has been reached between Sears Holdings Corp., Whirlpool Corp. and group of plaintiffs who alleged that the companies concealed a faulty circuit board in KitchenAid, Kenmore and Whirlpool dishwashers that was prone to overheating and catching on fire.

According to the 18 plaintiffs named in the Sears and Whirlpool class action lawsuit, “Given that the youngest Class dishwasher is now nearly 10 years old, the rebates offered to all Class Members, and the compensation provided for future overheating events for the next two years, are generous.”

Under the dishwasher settlement, potential Class Members will receive full reimbursement for those who experienced an overheating event within 12 years of the purchase date. However, for those Class Members who chose to replace the dishwasher instead of repair it, they are entitled to a cash pay-out of $200 to $300, depending on the brand of their replacement.

In addition, the Whirlpool and Sears dishwasher class action settlement entitled those future Class Members who own a name-brand dishwasher and have an overheating event within the next two years to receive either $100 in cash or 30 percent off for a new KitchenAid or Whirlpool dishwasher.

Sears and Whirlpool have also agreed to modify their service kit and training bulletins to explain to consumers and technicians about the critical safety function of the safety shut-off device within the circuit board and not to remove or bypass TCOs (thermal cut offs).

The Whirlpool and Sears dishwasher class action estimates that the total cost of the dishwasher settlement will be between $1.5 and $2 million.

The plaintiffs filed the Sears and Whirlpool dishwasher class action lawsuit in November 2011 over allegations that the dishwasher manufacturers knew that their product contained a faulty control board that had the potential to spontaneously burst into flames.

According to the original class action lawsuit, named plaintiffs David and Bach-Tuyet Brown were asleep when their KitchenAid dishwasher overheated and caused $70,000 worth of damage to their kitchen. The California couple also claim they spent an additional $3,000 to rent a place to stay as they had to leave their home for three weeks while repairs were made.

If approved, the Whirlpool and Sears dishwasher defect class action settlement would be open to all Class Members in the United States who purchased a new Class dishwasher or acquired a Class dishwasher as part of the purchase or remodel of a home that was manufactured between October 2000 and January 2006. The plaintiffs have also proposed two settlement subclasses that will be open to “past overheating” and “future overheating” Class Members.

Further information about the dishwasher defect class action lawsuit was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Charles S. Fax and Liesel J. Schopler of Rifkin, Weiner, Livingston, Levitan & Silver LLC, Jeffrey M. Cohon and Howard Pollak of Cohon & Pollak, LLP, David H. Weinstein and Robert Kitchenoff of Weinstein Kitchenoff & Asher LLC, Steven A. Schwartz and Timothy N. Mathews of Chimicles & Tikellis LLP, and Nicole Sugnet of Leiff Cabraser Heimann & Berstein, LLP.

The Sears and Whirlpool Dishwasher Defect Class Action Lawsuit Settlement is Steve Chambers, et al. v. Whirlpool Corp., et al., Case No. 8:11-cv-01733, in the U.S. District Court for the Central District of California.

UPDATE: Instructions on how to file a claim for the Whirlpool dishwasher class action settlement are now available! Click here or visit www.DishwasherSettlement.com for details.