LG Electronics Reaches Moldy Washer Class Action Settlement

A group of consumers who purchased allegedly defective LG washers are requesting approval of a proposed settlement that would allow closure for a highly contentious eight-year legal battle.

The parties reached the preliminary agreement through a third-party mediator after numerous rounds of negotiations, discovery, and arguments, with LG Electronics agreeing to pay Class Members who experienced a mold or odor problem a cash payment of $35 or a washer rebate certificate worth $105.

Any U.S. resident who purchased an LG-brand front-loading washing machine for home and not commercial use between Jan. 1, 2002 and Dec. 31, 2006 is eligible, once the settlement receives final court approval.

LG has already identified Class Members through company databases and washing machine serial numbers and intends to mail out Claim Forms within 30 days of the court’s approval. Affected consumers need only to confirm the information and provide proof of purchase (through a photograph of the washer’s serial number or other proof-of-purchase).

While not admitting any liability, LG has agreed to pay all costs of notice and claims administration, as well as attorneys’ fees, in addition to the benefits paid to Class Members.

Back in 2008, a group of consumers who purchased LG Electronics front-loading washing machines filed a consolidated class action complaint in the District Court for the District of New Jersey alleging that the LG washers were defective.

Specifically, the LG Electronics class action lawsuit claimed that front-loading LG washers accumulate mold and bacteria with a smelly odor that permeates clothes in the washing machines.

According to the complaint, the front-loading LG washers suffer from a design and/or manufacturing defect that leads to the formation of mold, mildew, and fungus on the inside of the washing machines. In addition to being unsightly and smelly, the mold and mildew that forms on the interior of the washing machines can damage clothes and other items, substantially decrease the value of these high-end products, and produce foul and noxious odors, the complaint states.

The plaintiffs’ claims center on something known as biofilm – a collection of organic and inorganic materials on which bacteria, molds, and fungus feed. The complaint alleged that the LG washers were defective because they had an undisclosed propensity to accumulate biofilm as a result of the LG washers’ failure to clean themselves, leading to mold, mildew, fungus, and odors in the washing machines.

In supporting the argument that the court should approve the proposed settlement and method of notice, the plaintiffs say that the settlement represents an outstanding result for the Class and that it “resulted from hard-fought and adversarial negotiations informed by years of hotly-contested litigation.”

“The instant settlement was reached only after eight years of litigation involving robust, adversarial discovery and vigorous motion practice, and with the benefit of a developing body of law arising from the parallel front-loading washer proceedings,” the LG consumers state. “The parties’ litigation efforts demonstrate that both sides thoroughly understand the relative strengths and weaknesses of their respective positions.”

More information about the LG moldy washers class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Jonathan D. Selbin and Jason L. Lichtman of Lieff Cabraser Heimann & Bernstein LLP, James E. Cecchi and Lindsey H. Taylor of Carella Byrne Cecchi Olstein Brody & Agnello PC, Oren S. Giskan of Giskan Solotaroff Anderson & Stewart LLP, Steven A. Schwartz and Alison G. Gushue of Chimicles and Tikellis LLP, and by James C. Shah and Nathan C. Zipperian of Shepherd Finkelman Miller & Shah LLP.

The LG Moldy Washers Class Action Lawsuit Settlement is Harper, et al. v. LG Electronics USA Inc., et al., Case No. 2:08-cv-00051, in the U.S. District Court for the District of New Jersey.

UPDATE: The LG moldy washers class action settlement is now open! Click here to file a claim!