Electrolux Agrees to Settle Moldy Washer Class Action Lawsuits

Consumers will be offered coupons or reimbursements, according to a settlement agreement offered by Electrolux to end two class actions over moldy washing machines.

Lead plaintiffs alleged in their 2008 class action lawsuit that design defects in Electrolux washing machines caused mold and mildew to build up leading to mildew odors permeating consumers’ homes and clothes. Affected washing machines are also sold as Frigidaire and Kenmore brands, said the plaintiffs.

A similar class action was filed in Florida in 2015. If the proposed settlement is approved by the court, the claims in this class action will end as well.

According to the class action settlement, Class Members “who experienced a mold, mildew or Odor Issue within five (5) years of purchasing a class washer” will receive up to 20 percent off or reimbursement for repairs and/or affected clothing items.

In addition, “Class members who did not experience a mold, mildew or Odor Issue within five (5) years of purchase of a class washer are entitled to a 5% cash rebate off the retail purchase price of any Electrolux-manufactured appliance,” states the motion.

“The proposed Settlement Agreement encompasses and resolves the ongoing class actions in this Court and in Georgia,” notes the motion to approve the proposed settlement. “The two (2) cases have been hotly contested for over nine (9) years: more than 100,000 pages of documents have been produced and reviewed, dozens of fact and expert depositions have been conducted, numerous expert reports have been prepared, dozens of major motions have been filed, and a trip to the Eleventh Circuit Court of Appeals on the issue of class certification.”

The settlement agreement proposes to identify Class Members though complaints of mold and mildew reported in Electrolux’s data bases. According to the Electrolux class action lawsuits, the company was aware of a defect that caused the mold build-up, but instead of providing a fix, they instructed consumers to wipe the basin down.

“The settlement resulted from hard ­fought and arms­ length negotiations informed by several years of aggressive and comprehensive litigation,” states the motion to approve the class action settlement. “The proposed settlement provides substantial benefits to consumers nationwide who purchased certain Electrolux [front­load washing machines] upon completion of an easy and straight­forward claim form.”

Further, under the terms of the settlement, the Class Members’ attorneys will receive up to $3.7 million in fees and costs.

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The washing machine owners are represented by R. Brent Irby of McCallum Hoaglund Cook & Irby LLP, Edward A. Wallace and Tyler J. Story of Wexler Wallace LLP, Gregory F. Coleman and Adam Edwards of Greg Coleman Law PC, and John A. Yanchunis, Patrick A. Barthle and Marisa K. Glassman of Morgan & Morgan Complex Litigation Group.

The Frigidaire Washing Machine Class Action Lawsuits are Robert Brown v. Electrolux Home Products Inc. d/b/a Frigidaire, Case No. 1:08-cv-00030, in the U.S. District Court for the Southern District of Georgia, Augusta Division; and Grasso et al. v. Electrolux Home Products Inc., Case No. 2015-58-CA-01, in the Circuit Court for the Eleventh Judicial Circuit of Florida.

UPDATE: January 2018, the Electrolux, Frigidaire, Kenmore moldy washer class action settlement is now open. Click here to file a claim.