Whirlpool Class Action Alleges Website has Illegal Terms of Use

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A proposed class action lawsuit has been filed against the Whirlpool Corporation in New Jersey federal court alleging that its website Terms of Use contract includes illegal provisions.

Plaintiff Lucia Candelario initiated the complaint against Whirlpool accusing the company of providing “unlawful terms and conditions that purport to govern products purchased from Defendant’s website, www.kitchenaid.com.” Candelario referred to these as “unfair, one-sided provisions.”

The plaintiff claims she purchased a casserole dish with a lid in December 2015 through the Kitchenaid website. In the Terms of Use listed on the website, Candelario says that the provisions excuse Whirlpool from the responsibility of creating a safe buying experience.

“Despite clear law to the contrary, Defendants’ Terms of Use purport to deprive Plaintiffs of their legal right to pursue a remedy for harms arising from Defendant’s tortious acts,” the complaint reads. “Similarly, the Terms of Use purport to absolve Defendant of its responsibility to refrain from creating an unreasonable risk of harm to consumers.”

If customers are injured as a result of the products, the Terms of Use improperly takes away Whirlpool’s responsibility for making the products, and consumers are also prohibited from seeking damages as a result of the alleged unsafe products, Candelario claims.

“The Terms of Use also purport to absolve Defendant from any liability for manufacturing or selling dangerous or substandard products,” the proposed class action lawsuit states. “Likewise, under the Terms of Use, it appears that Plaintiffs are barred from seeking redress for injuries occurring from Defendant’s unsafe products.”

The proposed class action goes on to say that if consumers believe they are barred from seeking relief as a result of injury from Whirlpool’s allegedly defective or unsafe products, “This would result in a reduction in costs for unscrupulous manufacturers and sellers while companies creating safe products would be a higher cost of doing business.”

As a result, Candelario claims “The ultimate effect would be a proliferation of unsafe products and injured consumers believing they have no grounds for redress. Clearly, this was not the Legislature’s intent when the NJPLA [New Jersey Product Liability Act] was enacted.”

These provisions on the Kitechaid website allegedly violate the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, otherwise known as the TCCWNA, according to Candelario. The class action lawsuit alleges Whirlpool has engaged in two such violations of the TCCWNA.

The Whirlpool lawsuit also raises concerns about safety when consumers access the website to shop. Candelario states that the Federal Trade Commission and Federal Communications Commission have instructed busineses to safeguard against the potential disclosure of customer information to third-party criminals.

“The fact that Defendants sell their products online should not absolve them of their well-defined duty to protect customers from the criminal acts of third-parties,” the claim reads.

The proposed Class of consumers in Candelario’s lawsuit includes “All persons in the State of New Jersey who where exposed to the Terms of Use on Defendant’s website, www.kitchenaid.com, during the applicable statute of limitations through the date of final judgment in this action.”

In addition to class certification, Candelario is also seeking an award of not less than $100 for each TCCWNA violation for each Class Member, an order terminating the allegedly inappropriate wording on the www.kitchenaid.com website, attorneys’ fees and costs as well as other relief deemed proper by the Court.

The plaintiff is represented by Gerald H. Clark, Mark W. Morris, and Lazaro Berenguer of the Clark Law Firm, PC; as well as Scott J. Ferrell and Victoria Knowles of the Newport Trial Group.

The Whirlpool Website Class Action Lawsuit is Lucia Candelario, et al. v. Whirlpool Corporation, Case No. 3:16-cv-02810, in the U.S. District Court for the District of New Jersey.