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On Friday, October 11, a Georgia federal judge granted class certification to California and Texas consumers who purchased Frigidaire washing machines that are allegedly defective and collect standing water.
Plaintiffs Robert Brown and Michael Vogler moved to certify the Frigidaire washer class action lawsuit in 2011. They claim that they purchased defective front-loading Frigidaire washing machines that collected water in the convoluted surface of a gasket after the wash cycle, causing mildew and mold to grow in the machine.
U.S. District Judge Lisa Godbey Wood granted the plaintiffs’ motion for class certification, finding that the Class Members shared common issues, including whether the machines in question had a common design defect, whether the defect would cause mold or mildew to grow and whether Frigidaire was aware of the defect but failed to warn consumers.
“Importantly, these issues are central to the validity of each class member’s legal claims,” Judge Wood said. “Thus, they will generate common answers that are likely to advance the litigation and drive the resolution of the lawsuit.”
The Frigidaire washing machine class action lawsuit was initially filed in 2008, and alleged that the mold and mildew that grew in the front-loading washing machines caused foul odors in clothing that had been put through the wash cycle. They claim that the company advertised that the appliance would make clothes “feel fresher and last longer,” a promise they say Frigidaire failed to deliver. However, the plaintiffs allege that the machines contained a “convoluted bellows” that caused the front-loading washing machines to “accumulate mold and mildew and emit an odor.”
Further, they argue that the problem was “so severe that clothing was stained and ruined and that an odor permeated their homes.”
Brown and Vogler argue that Frigidaire knew about the washers’ defects but failed to warn consumers, pay to repair or replace the defective machines under the manufacturer’s warranty, or to issue a recall of the defective machines. The plaintiffs assert that the company advised consumers to keep the washer door open when not in use and to wipe down the inside of the appliance after each use. According to the class action lawsuit, Frigidaire sold about 1.3 million of the defective washing machines.
The plaintiffs have asserted claims for breach of express warranty, breach of the implied warranty of merchantability, unjust enrichment and violation of the Magnuson-Moss Warranty Act. The class action lawsuit also asserts various state law claims for unfair competition and deceptive trade practices.
Class Members include all persons and entities in the states of California and Texas who purchased a Frigidaire front-loading washing machine with a convoluted bellows in the last four years.
The plaintiffs are represented by Kenneth A. Wexler, Edward A. Wallace and Amy E. Keller of Wexler Wallace LLP; Brent Irby and Charles McCallum of McCallum Hoaglund Cook & Irby LLP; and Lee W. Brigham and John C. Bell Jr. of Bell & Brigham.
The Frigidaire Washing Machine Class Action Lawsuit is Michael Terrill, et al. 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.
UPDATE: On Oct. 10, 2017, consumers will be offered coupons or reimbursements, according to a settlement agreement offered by Electrolux to end two class actions over moldy washing machines.
UPDATE 2: January 2018, the Electrolux, Frigidaire, Kenmore moldy washer class action settlement is now open. Click here to file a claim.
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169 thoughts onFrigidaire Front-Load Washer Class Action Lawsuit Gets Certified
How do I become part of the lawsuit?
i have all the problems i just read about the mold smell can’t stand the smell 2015 purchased bought a serve contract too 164.05 dollars
I own a frigidare washer and dryer set and I have a horrible problem with the mold and smell I have tried all the cleaning products and its still bad how can I become part of the law suit?????
I own a frigidare front loader- with plenty of mold. How do I get it fixed or become part of the lawsuit……
My Frigidaire front loading washing machine has mold in the gasket. I was told it could be replaced at the cost of $500. That will not prevent future mold issues. I also clean the drawer behind the detergent area monthly because of mold there. Please let me know how to join this class action lawsuit. I live in Florida.
I, too, live in Florida and have a Frigin Affinity washer that has a moldy rubber gasket and who knows what else is moldy in my washer! (Bleaching it did nothing!) So tired of my clothes smelling moldy if they are left in the machine for more than 2 hours! Its a pain and a waste to re-wash. Did anyone get in touch with you about a lawsuit in Florida? I just saw this on the news the other night and makes me sick I spent over $800 on my washer in 2006!! Also had the main control board replaced after the first year because it went bad. Will never buy a Frigidaire ever again!
I have reviewed many of the comments listed here and sadly, mine is no different. Mold/mildew surround the rubberized enclosure around the door despite my leaving the door open after washing, rinsing with a recommended washing machine cleanser as suggested, wiping the door of any left over residue from the wash when completed, and even adding bleach to the surface in an attempt to eradicate the black mold. While our health has not been affected negatively at this point, it is disturbing that the company has not taken any responsibility for this design flaw. A simple replacement would be welcome or some recall of the piece affected would appease many and be a reasonable solution. At this point, any response at all would be appreciated since the company has seemingly ignored it’s customers entirely.
Who do you contact about this matter?
I have a fridgidaire infinity frontloader loaded with mold. What can I do? I am at my wits end. Ready to buy a new washer. It is horrible.
OMG – I have had the same problem. I read the instruction booklet thoroughly and it said NOTHING about mold and mildew building up – I followed their instructions and after I e-mailed Customer service they responded saying I should purchase a bellow for the washer and offering to provide the location of their distributors!It a shame that now you have to search websites for lawsuits and complaints BEFORE you make a purchase. In the past I would review customer reviews and trust in companies like Frigidaire – never again!
I also have the same problem my whole laundry room smells like mold I purchased it from ABC warehouse about 4 years ago. I am from Michigan and am looking to be in this class action lawsuit. Do not buy Frigidaire Affinity front loader Never Again
What did you find out when you looked into Frigidaire front-loader washers? My washer is 16 years old. When it started causing problems with laundry and stink my son took apart the chamber that held laundry detergent and softener. It was full of black mold! Also there is at least 1 screw I see that is rusted. I’ve cleaned the chamber out since using Q-tips, toothpicks, and rags with bleach and Mr. Clean. I leave the door & liquid compartment open after each use. I cleaned often but now due to disability only when build-up of mold is bad.
We purchased our Frigidaire washer and dryer in Mi from ABC also…..our whole laundry room smells like mold…worst washer ever! Bleach helps for the day I use it…after that it’s back to mold smell. Would like to be in class action too!
We purchased our Frigidaire washer and dryer in Mi from ABC also…..our whole laundry room smells like mold…worst washer ever! Bleach helps for the day I use it…after that it’s back to mold smell. I constantly have to clean the tray in which the soap goes ..constantly has black mold in it. Would like to be in class action too! After this I would never recommend a front load!
I would also like to know about the class action suit as my clothes are now bearing the odor after they are washed.
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bought a frigidaire front load from my friend never used now i smell mold when i open the door it stinks to high heaven
This is excellent and appropriate news. Just this past week my wife and I were lamenting on the need to buy a new washer, far earlier than appropriate, because we are tired of clothing being ruined by mold stains caused by the washer. It’s an absurd design flaw that could so easily have been remedied by the manufacturer. The mold build-up in the “inner seal” is a constant and unending issued.
i live in pittsburgh pa – my boyfriends has same issue with his front loader – water just forms on seal inside – bleach doesn’t help how do we get involved with lawsuit he bought in 2008 2009 from sears
I live in Ohio and have the same problem. The bellows is down right gross and I just found a mass of mold growing in the area behind the drawer that receives detergent. Can I be a part of this lawsuit? If not yours, is there one in Ohio?
I previously owned two Frigidaire over a period of fifteen years with no problems. Both were still operational at the time of replacement. Two years ago, I again purchased another Frigidaire front load washer. The experience with this purchase had lead to mildew problems that I have been unable to resolve. Obviously the design on the later products is far inferior to the original design, as it was not necessary to dry the gasket, etc. to prevent mildew from forming.
At this point I would NOT buy another Frigidaire front load washer, nor would I recommend them to anyone.
We purchased a Refrigidare 8 years ago. We heard this was a problem online after we had the problem and googled to see if others were experiencing this. We continue to have black mold and slime. We keep our door open at all times when not in use. It does not solve the problem, just poorly tolerable.
This is great news. I hope the LG case can also become certified because I have been using a mold producing machine for years.