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A federal judge refused to dismiss a class action lawsuit alleging LG sold washers with a defect that causes them to become unbalanced.
Lead plaintiffs, Steve Marcom and Davis McGeown, claim in their class action lawsuit that LG knew of the defect, but sold the washers anyway.
The plaintiffs allege LG violated their warranty to consumers and also committed fraud by continuing to sell defective washers. LG also violated a number of state laws, according to the LG class action lawsuit.
Both plaintiffs say they purchased LG washers in 2013; however, the washers were affected by a defect that caused them to become imbalanced. Due to the defect, the plaintiffs claim one load of laundry could take upwards of five hours or more to complete.
LG was aware of the defect, say the plaintiffs, as shown by a service bulletin distributed by the company to dealers that same year as well as numerous customer complaints.
LG attempted to have the class action dismissed, arguing the plaintiffs had not adequately established that the company knew of the alleged defects. LG said the service bulletin should be disregarded because it would be bad policy for companies to face liability for an attempt to respond to problems. U.S. District Judge Claire C. Cecchi disagreed with LG, however, and refused to completely toss the lawsuit.
“[The plaintiffs] have adequately pleaded that defendant knew of the imbalance defects before plaintiffs purchased their washing machines, and that said defects were material, yet defendant failed to disclose them,” noted the judge in her order.
The judge also pointed out that the plaintiffs alleged that LG knew or should have known about the defect given the online consumer complaints the plaintiffs included in their LG class action complaint.
“The bulletin also appears to describe both imbalance defects and gives guidance on what to tell consumers who complain of these defects,” said the judge in her order.
Judge Cecchi did trim class action claims made under New Jersey law and claims for injunctive and equitable relief.
According to the class action lawsuit, not only did LG know of the defect, it did not provide consumers a way to fix the problem. The plaintiffs allege that they both received communications from LG describing the defect, but it did not provide a fix.
“Here, as alleged, LG’s duty to disclose arose because it had ‘knowledge of a material fact not easily discoverable’ by Morcom before Morcom purchased his machine on February 9, 2013,” noted the judge in her order upholding the LG class action lawsuit claims.
The judge further noted that “a reasonable consumer would likely care to know that a washing machine would repeatedly stop in the middle of a cycle and take up to six hours to complete a single load.”
The plaintiffs are represented by Joseph LoPiccolo of Poulos LoPiccolo PC and Randee M. Matloff of Nagel Rice LLP.
The LG Defective Washer Class Action Lawsuit is Steve Morcom, et al. v. LG Electronics USA Inc., Case No. 2:16-cv-04833, in the U.S. District Court for the District of New Jersey.
UPDATE: The LG Defective Washer Class Action Lawsuit was dismissed on April 25, 2019.
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55 thoughts onJudge Won’t Toss LG Defective Washer Class Action
I am beyond aggravated at LG. I filed a claim at http://www.lgwashersettlement.com for the mold and odor issue. I filed my claim before the deadline in late 2016 and included the proper documentation. After the settlement occurred in 2017, I followed up on the status of my measly $35 check. They finally responded after my 2nd request that the checks were being sent end of November 2017. I still have not gotten my money and it is now February 2018. They don’t respond to my emails anymore and I have sent FOUR. What a joke!!!
Our 2014 LG model WT1101CW is failing to complete the spin cycle, displays error code “UE” after wasting several tubs of water in it’s apparent attempts to rebalance itself. We are lucky if it gets through a cycle empty or with a small load. We are very interested in this case, we have contacted LG & were told to get local service to evaluate and repair. This machine has had very light usage by just the two of us in the household. Very disappointed, especially in light of all the complaints I have seen regarding this “energy-saving” appliance!
I have an LG top load washer model #WT1101CW and it has been on UE for about 2months. I would love to go after LG
i had maytag washer file a claim .had to buy another washer ,could not stand the smell of the cloths .sent you proof where i bought it .allso send proof where had to buy a different one .i have lung trouble need to know something .i am on fixed income please reply something .thank for you time .
MY LG FRONT LOAD WASHING MACHINE DANCES ACROSS THE LAUNDRY RM.
I purchase an Samsung LG washer and when it is in spin cycle it starts banging around, unbalance. Paid alot of money for washer and dryer pair.
Worst product I could have bought.
Samsung had the same state with their class action lawsuit against the drain filters in which the particles I still have that sat in it from the drum is still in my freezer. Hard like mud particles that came off the drum. Big pieces also. The People lost their class action lawsuit in New Jersey against Samsung. They did Pay Me The Full Amount Of My front loader. They were sent pictures etc. The City Water Should Be Sued. People have no idea what the mineral deposits is doing to their appliances . It is like lime that builds up and destroys your machines and pipes and appliances.
A Banging sound when it first starts up. I thought it was the unbalanced of the clothes. So I open the door and move them around. Even with a real small amount I noticed it. It is under warranty until the end of 2018. The last one I had which was only 4 years old. My drum was completely destroyed by my city water that pay for every month.
I have a LG red front loader that makes a hanging sound every so often which I bought in 2014. LG has not notified me about any class action etc.
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!