Anne Bucher  |  October 16, 2013

Category: Legal News

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Frigidaire washer class action lawsuitOn 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

  1. Shirl Mott says:

    I’very done everything on my frigidaire front load washing machine. Leave door open, dry the seal and mold gets thicker. Tried to clean it to no avail, but I’made done. I am allergic to 11 molds and have asthma. Please help.

  2. Johnnie says:

    I have a Frigidaire front loader washing machine. I have Mode in there for years but didn’t have the money to buy a new one didn’t know about a lawsuit is there anything I can do now

    1. Polly o'Wally says:

      Find a good local guy who refurbishes used washers. You can really find a great deal and great washer that way. I did really well and couldn’t be more pleased.

  3. Diana Kammer says:

    I to have the Affinity front load washer and the black mold and smell is continuous.
    I live in Missouri and am not aware of any class action suit here to sign up for.
    I have tried everything to get rid of this problem. Bleach, washer cleaners, and wiping it out after every use. We always leave the door open, but that is not a fix. Smell is just overwhelming! What can I do?

  4. Phil Wilson says:

    We have had a Frigidaire Affinity for 4+ years. We clean the seal and drawer every month and still cannot get it completely clean or to stop growing mold. Due to previous mold allergies we have realized that this machine is not safe for our family and will be getting a top loader shortly. Is there anything available in Missouri with the class action suit?

    1. Top Class Actions says:

      This particular case includes CA and TX only. We offer a submission form on our website for you to fill out if you are seeking class action legal help. Attorneys will then review your submission to determine if you have a case. If they feel you qualify, they will contact you directly. You can submit your information here: https://topclassactions.com/start-a-class-action/.

      You can also contact class counsel with your questions about states other than CA and TX. Counsel is listed at the bottom of the article and can be Googled for contact information. Good Luck!

  5. LUIS G. MUNOZ says:

    Unfortunately, I too own the Affinity front loader and the mold is just outrageous!! How do I join the class action? I live in Texas.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Linda says:

    We’ve had the Frigidaire front loader for over 5 years. It constantly needs to have the bellows cleaned out to prevent the mold from forming. How do we join the class action lawsuit so that we can replace the defective washer?

  7. Kelley Anderson says:

    I also purchased a Frigidaire front load washing machine that has the same moldy musty smell problems. I have small children and grandchildren that I’ve had to throw out so many clothes and so many items because of the smell just does not go away. I am very interested in becoming a part of this lawsuit how do I join? Please contact me to help tell me what I need to do

  8. Cheryl Kobs says:

    Very frustrating trying to get rid of the mold in my Frigidaire washer. We dry it out after every wash and. leave the door open even though it is in our hallway into our home. It makes our home smell. I’ve spent endless hours trying to clean every crevice and used multiple different cleaners but it keeps coming back. I believe this mold is making us sick and mold intolerant.Please advise me as to any repairs or settlements on the Frigidaire front load washers. Thank you C Kobs

    1. Top Class Actions says:

      This particular case has not yet reached a settlement and applies to California and Texas buyers only. Please keep checking Top Class Actions for updates. We will let our viewers know if a settlement is reached in this case!

  9. Brandi Tucker says:

    I’m having the same issue as everybody be above. I had read the manual and did was it said to do. I have called and went up to the place where I purchased my front load washer/dryer and was given the number to frigidiare and was still unssucessful in getting help. Not only does my washer have a smell. The door on the washer completely fell off. I have wires hanging out of my dryer from when I last got it serviced through my warranty and called to let them know and no one came out to fix that. In result I haven’t been able to use them. Please contact me with how I can be apart of this lawsuit at branditckr@gmail.com

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  10. Jackie says:

    I sure would love to get in on any class action suit. These machines are full of black mold that is impossible to remove and the smell is unbearable.

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