TopClassActions  |  November 1, 2013

Category: Legal News

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LG Refrigerator Class Action Lawsuit Mostly Upheld, Partially Dismissed

By Courtney Coren


LG Refrigerator LawsuitA California federal judge has upheld parts of a class action lawsuit against LG Electronics USA Inc. alleging that refrigerators made by the company came with a programming defect that caused food to spoil.

In October 2011, Jeanette Clark bought an LG refrigerator (Model No. LFX31925ST) for around $3,000. It came with LG’s “Smart Cooling Plus” system, which was advertised as a unique system “to keep your food fresh.” It also came with the LG Slim SpacePlus Ice System, which is located in the door of the refrigerator. It is supposed to provide more space for ice than other refrigerators.

 

According to the class action lawsuit, Clark began having problems with her LG refrigerator after one month. She claims that the ice system was easily clogged and essentially didn’t work. Sometimes when the ice system was clogged, it would burn out the motor, and the entire refrigerator would stop working. When she contacted LG’s customer service, she was told “she would have to empty the ice tray every day in order to prevent the ice system from clogging.”

Clark also claims that the refrigerator would simply stop working at random times and “display various error messages.” LG’s customer service representative told her that she would need “to unplug the refrigerator at least 15 minutes and then plug it back in to reboot the refrigerator’s control board,” she class action lawsuit claims. She claims that this was something would sometimes have to be done multiple times, which she says was quite a hassle.

In her class action lawsuit, Clark claims that LG was aware of these problems when it marketed and sold the refrigerator, but it was never disclosed to her the great lengths she would have to go through to keep the refrigerator working. As a result of the problems she had with the LG refrigerator, water would leak on the floor, creating a safety hazard and causing damage. Further, Clark says she had to throw out a lot of food that would spoil in the process of rebooting the refrigerator.

Clark’s class action lawsuit charged LG with six claims — violation of the Consumer Legal Remedies act, violation of two California Business & Professions Codes, breach of express warranty, breach of implied warranty and violating the Magnuson-Moss Warranty Act.

U.S. District Judge Jeffrey T. Miller dismissed the entire class action lawsuit in June saying that Clark had not defined the class properly. Clark followed up with an amended complaint in July.

On Oct. 30, Judge Miller issued a partial dismissal of the class action lawsuit. He got rid of the claims that were brought on behalf of “the general public.” He also dismissed the breach of express warranty charges. He upheld most of the fraud and breach of warranty allegations. He said that the class issue was now resolved in the new complaint, showing a clear link between LG’s technological issues to the class.

The plaintiff is represented by Robert W. Thompson, Kathleen M. Hartman and Jessica Lulli of Callahan Thompson Sherman & Caudill LLP.

The LG Refrigerator Defect Class Action Lawsuit is Clark v. LG Electronics USA Inc., et al., Case No. 3:13-cv-00485, in the U.S. District Court for the Southern District of California.

 

 

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55 thoughts onLG Refrigerator Class Action Lawsuit Mostly Upheld, Partially Dismissed

  1. Paul says:

    We are having problems with our LG refrigerator model no. LFX25976ST. We had the compressor replaced and now it will not stay cool. The freezer part thaws and freezes and the refrigerator is staying right at 48*. I don’t see this model no. on the list. purchase date was 01/09/2011 and payed $2,000.00 for it. Are we to late for the class action suit, this is a nightmare.

  2. Jane Strickland says:

    I submitted all the claims forms and was recently informed that my claim was rejected for the following reasons…. Following was a list of reasons with a box in front of each. No boxes were checked so I do not know the reason…If my many repair bills were not covered, I at least expected to be reimbursed for the food loss. I spent more than $8oo in repairs and loss.

  3. David Welty says:

    I am in the same boat as Eric Wang. My LFX31925ST model has been having these ER 1F issues and now the ice maker has completely stopped. I realize we missed the cutoff, but is there any other options open to us through LG? Thanks. David

  4. eric wang says:

    My LG refrigerator is one of the refrigerator models listed on the website (http://www.lgrefrigeratorsettlement.com) and it is showing the same issues on this lawsuit. However, I missed the April 11, 2015 deadline. Is there anything that I can do?

  5. charlene fallis says:

    Unfortunately I missed the deadline, and have the same issues. My Model Number is not on the list, but have the same issues. My bottom freezer stays frozen solid, and cannot be opened. Can I still file a claim. I have the same error codes. I just threw my Lg microwave in the trash.

  6. james mccormack says:

    I have a LG refrigerator that I know they have a lawsuit and I would like to get involved

  7. Dean White says:

    Mine too. I was contacted by the attorneys though. Here is the website. You only have a couple more days to file a claim. April 11th is the cutoff. http://www.lgrefrigeratorsettlement.com/how-to-file-a-claim/

  8. Brent Avila says:

    I have had the exact same situation happen to me. I tried for months to get it serviced but nothing ever happened. Let it go because the problem would come and go. Now the fridge makes the clanking/humming sound all day. In desperate need of repair now and not sure what I can do. I am part of this suit but Im wondering how I can get it serviced in the meantime? Will it be reimbursed or am I waiting for instructions on getting it repaired?

  9. f polk says:

    Had numerous problems with entire refrigerator. End up having to have entire refrigerator replaced. Still have random problems.

    1. Paul says:

      Did LG replace your refrigerator?

  10. Joan Wagner says:

    I also just had an LG with similar problems. It is considered non-repairable. 3 yrs old and does not work. Sounds like I should e part of this. LG just giving me the run around

    1. JSC says:

      Dear Joan, this is the status of the case.

      Law360, Chicago (October 29, 2014, 1:55 PM ET) — LG Electronics USA Inc. has agreed to settle a class action accusing it of knowingly selling defective refrigerators in a deal that could cost it tens of millions of dollars in repairs and damages, according to documents filed in California federal court Tuesday.

      Plaintiff Jeannette Clark, who alleges LG’s Signature Model refrigerators have a programming defect, filed a motion seeking preliminary approval of the settlement, which comes one year after a federal judge refused to throw out the case.

      Under the deal, LG agreed to repair…

      1. Debbie says:

        How does one go about being included in the class action lawsuit? I bought my LG fridge in May 2013 & it has many problems. When I contacted LG the first year because the ice maker kept clogging they wanted me to pay out of pocket for service because the warranty only covered parts. I would think a $3,000 fridge should work properly without service needed if it wasn’t a defective product & I don’t have the money to pay for service. I frequently have to get the ice maker emptied by chiseling at the huge chunk of ice buildup so I can remove the ice tray & run it under hot water to remove the ice frozen to the blades. Then replace it & start all over. I can’t get ice from the front of the fridge after the first day of cleaning the ice tray because it’s already begun to clog again. I didn’t buy the extended warranty and soon after the first year I started having loud jackhammer sounds coming from the fridge. When I called them about it they were willing to send service again to check it out in my dime. I didn’t have it fixed & the noise comes and goes. After a year & a half since purchase I now get an error message which I found from research means the ice maker fan is the problem. I pull the fridge out & unplug it to reset it but if just continues to come back. Now a week later I have a new noise. This fridge is clearly a bad use of my money. I shouldn’t have this many problems with a brand new fridge. I want my money back or the problems with the fridge fixed on their dime not mine. What do I need to to to get in on this lawsuit?

        1. f polk says:

          I would like to know as well. $3,000.00 should buy perfection!

        2. Denise says:

          Did you ever get a response from anyone?

      2. JSC says:

        Here is the link to the LG settlement website.

        http://www.lgrefrigeratorsettlement.com/

        We are live!

        Description: Logotif

        Kathleen M. Hartman | Partner
        2601 Main Street, Suite 800, Irvine, California 92614
        Tel: 949/261-CTSC(2872) | Fax: 949/261-6060
        E-Mail: khartman@ctsclaw.com | Website: http://www.ctsclaw.com

      3. JSC says:

        Here is the link to the LG settlement website.

        http://www.lgrefrigeratorsettlement.com/

        Description: Logotif

        Kathleen M. Hartman | Partner
        2601 Main Street, Suite 800, Irvine, California 92614
        Tel: 949/261-CTSC(2872) | Fax: 949/261-6060
        E-Mail: khartman@ctsclaw.com | Website: http://www.ctsclaw.com

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