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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 bought a front loading Frigidaire washing machine in 2011. It has had everything in it replaced from replacing glass in door to replacing pressure sensor. Had to call someone out because it leaked. The clothes never smell clean and even smell sour at times. The latest is the normal cycle does not work, the liquid washing and liquid softener does not empty. I have talked with Frigidaire Co. to see if they would replace and they refused. I would like to put my name in class action suit. Thank you. I will never buy another front loading washing machine and will probably buy another brand.
I’m in the same boat with you. I bought mine in 2011 and its been repaired several times. Last repair was done in mid 2014 and now its doing the same thing again. Clothes wont spin out. Giving error code E53. And of course my warranty is now expired. Not sure if I want to waste the money to repair it if I’m just going to have to call another tech back out in a few months or next year. Might be cheaper to just buy a different brand with another extended warranty and pray for a better model with no issues or at least less issues then this one. I will NEVER buy another Frigidaire. And soooo funny how the dryer has only had 1 service issue out of the 5 years but the washer has had like 5. I’m sure there are many of us out there with these issues. We all need to be on the lawsuit for defective parts/lemons.
I also have a infinity front loader, Mold and mildew in m y clothes, towels are really bad. I use twice as many fabric sheets. I use bleach gel to clean but it only lasts a few days. I have had lung cancer so I know this is not good to breath. Will NEVER buy another front loader!!!
We have a defective front loading Frigidaire washing machine also! I am very allergic to mold and have had to do laundry with mask, started allergy shots and now bleach the gasket regularly to try to keep mold growth down. There are signs on the machine to “Leave door open and wipe down Gasket or do your laundry at a laundry mat” in my house. Sure seems like a lot to go through to get your cloths cleaned! I don’t think Ozzie and Harriet had these problems.
I have been complaining for months about the mold and mildew smell in my clothes . I leave the door open on my Frigidaire front loader , I have used affresh tablets, ( Of which they gave me one package of when they delivered the Frigidaire front loader washer, ( I should have known something was wrong when they gave me the affresh tablets , I have never heard of ever having to use anything like those before. Those machines are junk ,they knew they were defective when they sold them to me. They were on sale at HHGREGG in Florence, Ky, I would like them to give me a refund and take this stinking washer out of my house .Until then I`ll be going to a laundramat that has top loaders . Does anyone know what I can do about this?
I have had this same issue with my Frigidaire Washer for a couple of years. What Can I do? I leave my washer door open and still the smell wins. I am fearful now that I know there is documented problems and need answers or resolution to the problem. Should I be washing towels every other use? HELP! I have a toddler and need answers.
Its not just washers sold in the USA also Canada bought our Frigidaire infinity front load and for years could not figure out why the close and towels had this oder. Well i know now there is mould in the back of the soap dispenser along with the boot around the in tire circle that is what i could see just imagine the places that you can’t see. The mould is so bad that i can’t use the machine anymore just thinking about it makes me sick.Contacted frigidaire and they said never heard of any problems thats just typical they already have my money and say its out of warranty is there anything else i can do for you. But this is not a warranty issue its a defect.We all need to some how spread the word i would like a new washer not one that they say well you have to clean every time you use it and leave the door open.Come on trying to sell this machine advising to the consumer that the will have to clean the rim and leave the door open after every wash they would not sell one washer .I just think the best is give me a top loader .I also would like to join law suite. Please contact me
I have tried numerous times to get the mildew/odor problem corrected in our Frigidaire front loading washer to no avail. Calls to the store that we purchased it from, calls to Frigidaire with the suggestions from them that we try vinegar, bleach and affresh tablets, all of which we have tried without any change (3 affresh tablets cost $10.95 + tax in our area and need to be used once a month, but do no good). The idea that any of these need to be used to keep the mildew and odors away is ridiculous. More suggestions of wiping out the boot and keeping the door open, which we always do anyway and neither make any difference. The odor permeates everything after a while. We have had many washing machines over many years with no issues, except that they finally wear out. We are in the process of looking for a new washer, and although the more recent models of front loading machines are reported to not have any of the problems, we are hesitant to even consider them and will go back to a top loader. Interestingly, all the top loading washing machine company internet sites post very small percentages of complaints; every person I personally know has had the exact mildew/odor problems that we have had.
I have a Frigidaire washer and dryer front loader, and my washer has mildew where you put the detergent and the part where you get the clothes out of the washer the rubber part, it stays with a smell, I try to leave the door open when I finish. My husband saw this on the news. So how do I get involved in the class
action law suit.
Finally! My husband had to call for me to watch the news last night that all my bitching is paying off. How do I fill out the papers for this class action? I unfortunately still own and use this crap and still air it out and my husband cleans it out weekly because I have very bad allergies. Have ruined so many clothes do to it eating little wholes in tees and the odor.
have a Frigidaire front loading washing machine,Mold and mildew problems.
How do I get involved in the lass action law suit.
same problem with my front load. I HATE it. They replaced my gasket and I had the same issue within a week or two. I was told to clean it it between each load, I have bought different cleaners and nothing works.
I just heard about it on the news. I’ve had those problems too. Who do I contact.