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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
I have a 2007 Frigidaire Front Loader with the Same Black Mold, and stinks really bad. I have left the door open all the time, and the mold keeps appearing. I have tried everything to get rid of this and so far no luck. I have signed up for your newsletter and hope a settlement is reached very soon.
Sign me up to mine does the same thing
I purchased a whirlpool washer model FAFW3511KW on 9/22/2010. I have dark black residue on my gasket and in the folds of the front loader door. Recently my clothes are coming out of the washer with blackish brown streaks which are very difficult to get out. I’m thinking the clothes are running over the discolored wet gasket as I pull the clothes out of washer to put in dryer. I’ve tried multiple cleaners to no avail. Am I eligible to be included in the class action suit?
I have a 2010 frigidaire front load washer and I have an extremely bad mold problem in the door and in the compartment where the water and soap dispenser into the machine and I need information on how to get my share of the settlement or a exchange solution for my faulty machine .
How do I file a claim on my Frigidaire washer and get included in the lawsuit cause this thing stinks.
How do I file a claim on my Frigidaire washer and get included in the lawsuit? This thing is soo very stinky and moldy~!
We purchased a Fridgidaire Affinity Washer and have experienced the problems described in your suit. We have detailed records of the maintenance performed and pictures. Has the deadline to participate in the suit passed? If so, do you have any suggestions on how we should proceed with Fridgidaire?
Thank you!
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!
We purchased this washer and I’m wondering if this case was settled or if the deadline to join the class action has passed. We have extensive records on the maintenance and pictures of the damage caused.
What is the status of the Frigidaire Washer class action lawsuit. I’m experiencing
the same mold issue as others. Where can I check to see if I’m included in the
class action lawsuit.?
I was wanting to know when I was going or if I was getting a rebate check for my front load Frigidaire washer.if so when will I get it.
What if the city gave me this machine new who is liable for it im having all the same problems as everyone else