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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
Frigadare is a big name they are not standing up to thier product my washer has mold and it smells model#FAFW3801Lw3 Serial #4C24804446 it stinks also makes your clothes smell Frigadare should step up anfd either repair or replace i will never buyy there products again! If any of us get sick from the mold we will see you in the court!
Mold in washer
Hello I have GLTF2940FS2 that has mold/mildew issues that leaves the clothes smelling moldy after washing. Please let me know if this washer is covered by class action lawsuit.
I have a Kenmore front loading washer. My clothing, bedding, etc. constantly smell moldy. Even after the wash, with the door open, the unit stinks of mold. I attempted to clean it out but to no avail. The unit is model number 402-4903213 and serial number JKBM588C2022480. Do I qualify for this class action?
My washer has mold on rubber that I can’t get cleaned off.i have to leave the door open when not in use.
I have Frigidaire frint load washer and around the drum rubber has alot of mold
We had gone to visit relatives for 3 months and had a person staying at our home. When we got home, the door handle to the washer was broken off and the black mold was horrible. It also had a horrible smell. When I opened the door it smelled like someone had gone to the bathroom in the washer, or had gone to the bathroom in their clothing and had put it all in the washer. It smelled like it was still in the washer.
We have a Frigidaire GLTF2940ES3, front loading washer. I was so happy with the washer when I first got it. It was the first “new” clothes washing machine I ever had. It was so nice, the clothes seemed cleaner, it was good on utility usage, actually cleaned the clothes instead of just soaking them in a tub of water and soap and sloshing around for awhile then drain and spin. I took excellent care of the washing machine, bought it 2008, then in 2013 it still looked new, after 3 months this horrible smell and mold is what I came home to. I didn’t know if this person had put something in it, or if it was because he kept the door closed, whereas I always left it open after a washing. When we got home I was heart broken to see my machine in such bad shape. At first I thought it was just the people that had been in the house. But then when I was looking for and buying very expensive parts; the door handle, the soap dispensing drawer, I saw articles and it was on the local news about the mold in the door. Since then I have gotten the machine in better shape, there is still mold in the door that just will not come out. I first ran about 2 or 3 white towels in a soak, and long wash with hot water and bleach. This was after I scrubbed and cleaned out with bleach and “C___t” powdered cleanser, the door rubber seal. After that I noticed that the water would sit in a pool in this gray seal, and I continued to soak with bleach and the powdered cleaner. The smell finally left, but the mold never has. I always leave the door open so it can air dry and take up the water from in the gray seal. Today I noticed that around the window in the door it is starting to rust. And under the door the little shelf area where the door fits in has a few rust spots. Outside the door window around the edge there is some rust and inside the window between the windows at the bottom it looks like a white mold or mildew growing.
This has been such a disappointment, since this was the first washer “New washer”, that I ever bought, and was hoping the last. It is the last washer I will ever be able to afford to buy at the price I paid.
Does anyone know if their is such a website as it said on the News about directing me to what can be done? Is there a class action lawsuit?, is it too late?, and where would you get this information? What about the manufacturer, will they do anything to replace it?
Thank You for any help.
Same mold and stench. Now the machine is going to pause instead of starting every time.
My frigidaire front load washer is ruining all my clothes – towels, pajamas, sheets, shirts, pants!! The stench is intolerable and permeates multiple rooms. Was this lawsuit ever resolved?
Same problem
Fridgitair stackable washer
Tn
Same problem
Frigidraire stackable washer mold and odor.
Mi.