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Whirlpool Corp. has agreed to settle a class action lawsuit alleging certain KitchenAid brand refrigerators were labeled with the Energy Star logo even though they did not meet the Energy Star program’s energy efficiency standards.
If you are a California resident who owns a KitchenAid refrigerator that is either model number KSRG25FV or KSRS25RV, you may be entitled to a cash payment or rebate from the Whirlpool Energy Star class action settlement.
Plaintiffs Kyle Dei Rossi and Mark Linthicum filed the Whirlpool Energy Star class action lawsuit in 2012, alleging that their KitchenAid refrigerators were mislabeled with the Energy Star logo.
They assert that the KitchenAid refrigerators do not meet the Energy Star standards for energy efficiency, and that they actually consume significantly more energy than stated on the labels.
According to the KitchenAid refrigerator class action lawsuit, the U.S. Department of Justice requires Energy Star-qualified refrigerators to use 20 percent less energy than standard refrigerator models.
Refrigerators that meet the Energy Star standards are sold at higher prices than standard refrigerators, but the Energy Star promise ensures that consumers will save more money over time due to lowered energy costs.
“This is the fundamental bargain the Energy Star program offers: consumers pay a higher up-front price initially, but save more on energy bills over time using the product,” the Whirlpool class action lawsuit states.
The plaintiffs allege that consumers who purchased the mislabeled refrigerators were “hit with a costly double-whammy” because they paid a higher up-front price for the purportedly energy-efficient refrigerator but did not receive the promised benefit of lower energy costs.
Whirlpool denies the allegations and maintains that its refrigerators were compliant with the Energy Star standards. However, the company agreed to settle the KitchenAid refrigerator class action lawsuit to avoid the cost and risk of ongoing litigation.
The Whirlpool class action settlement was preliminarily approved on June 28, 2016.
Class Members who would like to opt out of or object to the KitchenAid refrigerator settlement must do so no later than Mar. 10, 2017.
Who’s Eligible
Class Members of the KitchenAid Energy Star refrigerator settlement include all California residents who own a model number KSRG25FV or KSRS25RV KitchenAid refrigerator (“Class Refrigerator”).
To be eligible for benefits from the class action settlement, you must have acquired the refrigerator in one of the following ways:
• You purchased a new Class Refrigerator;
• You acquired a new Class Refrigerator as part of the purchase or remodel of a home; or
• You received a new Class Refrigerator as a gift and it was not used by anyone before the donor gave you the refrigerator.
Potential Award
$55 cash payment or 10 percent rebate off the purchase price of a new KitchenAid appliance.
All Class Members are entitled to the $55 cash payment, minus any compensation they already received through Whirlpool’s Voluntary Customer Satisfaction Program.
Class Members may choose to receive a 10 percent rebate off the purchase price of a KitchenAid appliance instead of the cash payment. This rebate may be applied to any one of the following major appliances sold under the KitchenAid brand: cooktops, wall ovens, refrigerators, under-counter refrigerators, ranges, microwaves, dishwashers, disposers and compactors, warming drawers, hoods and vents, grills, and water filters.
Proof of Purchase
To receive a cash payment, Class Members must provide the refrigerator’s model number and serial number. If you do not have this information, you must provide another form of proof that you purchased the refrigerator.
Claim Form
Claim Form Deadline
2/23/2017
NOTE: If you were mailed notice of the Whirlpool Energy Star class action settlement, you must submit your Claim Form within 180 days of the date the notice was sent.
Case Name
Kyle Dei Rossi and Mark Linthicum v. Whirlpool Corporation, et al., Case No. 2:12-cv-00125, in the U.S. District Court for the Eastern District of California
Final Hearing
5/18/2017
Settlement Website
Claims Administrator
Dei Rossi v. Whirlpool Settlement Administrator
c/o Kurtzman Carson Consultants
P.O. Box 40007
College Station, TX 77842-4007
1-855-730-8639
info@RefrigeratorSettlement.com
Class Counsel
Scott A. Bursor
L. Timothy Fisher
Annick M. Persinger
BURSOR & FISHER PA
Antonio Vozzolo
FARUQI & FARUQI LLP
Defense Counsel
Galen Bellamy
Sean Saxon
WHEELER TRIGG O’DONNELL LLP
Bradley Benbrook
BENRBROOK LAW GROUP PC
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