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LG Electronics USA Inc. and Sears Holdings Corp. have been hit with a proposed class action lawsuit accusing the companies of making and selling defective washing machines.
In the class action lawsuit, filed September 19, plaintiff Laury Smith accuses the companies of misrepresenting the functionality of LG’s top-loading washers by labeling them as “high efficiency” machines when they tended to fall apart at high speeds. Despite this defect, the companies claimed the machines featured “extra high” spin speeds of 1,050 to 1,100 revolutions per minute.
The washing machines at issue in the class action lawsuit include LG brand models WT5001CW, WT5101HV and WT5101HW; Kenmore Elite brand models 29002, 29272 and 29278.
Smith purchased a Kenmore Elite Model No. 29272 in November 2011. She paid $579.99 plus sales tax for the machine at a Sears store in Hayward, California. Smith filed the class action lawsuit following LG’s recall of approximately 457,000 washing machines in December 2012. This recall took place after the company received hundreds of reports that the washing machines caused minor property damage and injured one person due to excessive vibrations. After the recall was announced, the U.S. Consumer Product Safety Commission (CPSC) indicated that the design defects posed a risk of personal injury and property damage.
“The defective washing machines have the same inherent design defects that cause them to shake and vibrate excessively during use due to unbalanced loads that cause internal parts to come loose,” Smith says in in the class action lawsuit.
According to the class action lawsuit, customers were instructed to immediately contact Sears or LG for a free repair, which consisted of a software upgrade on the machine. Smith claims that the upgrade simply capped the machines’ spin speed at 700 rpm and did not actually fix the problems.
“The machines were no longer capable of operating at the advertised ‘extra high’ spin speed setting of 1,050-1,100 RPMs,” the class action lawsuit says. “By reducing the machines’ functionality, defendants stopped the violent shaking and movement caused by the design defects. However, this created a different problem for purchasers because the machines were no longer capable of spinning fast enough to remove excess water from clothing at the end of a wash cycle.”
High-speed spin cycles are desirable because they are able to remove excess water from clothing faster, reducing the laundry’s drying time. In her class action lawsuit, Smith claims that customers “were left with soaking wet laundry that required additional spin cycles to be successfully wring out, thereby negating any ‘high efficiency’ or energy saving promises and representations made by defendants” after the alleged “repair.”
Smith says that customers were also told that their washing machines could no longer handle waterproof clothing, mattress covers, plastic mats or outdoor gear.
“The defects described in the recall and defendants’ ‘software upgrade’ render the defective washing machines unsuitable for the ordinary purpose for which they were advertised, marketed and sold — i.e., as high efficiency washing machines. And the machines’ defects are incapable of being repaired in a manner that would enable the defective washing machines to perform as advertised,” the complaint states.
Smith is bringing claims of unjust enrichment, breach of warranty, violation of the Magnuson-Moss Warranty Act, California’s Consumer Legal Remedies Act, Unfair Competition Law, the Song-Beverly Consumer Warranty Act and California’s False Advertising Law.
Smith is represented by L. Timothy Fisher, Sarah N. Westcot and Annick M. Persinger of Bursor & Fisher PA, and Barry L. Davis and Aaron P. Davis of Thornton Davis & Fein PA.
The Sears LG Washing Machine Class Action Lawsuit is Laury Smith v. LG Electronics USA Inc., et al., Case No. 4:13-cv-04361, in the U.S. District Court for the Northern District of California.
Update: The Sears, LG Washing Machine Class Action Lawsuit was dismissed on March 11, 2013.
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28 thoughts onLG, Sears Hit with Defective Washing Machine Class Action Lawsuit
The inadequate corrective action LG has taken was to upgrade the program in the washing machine, apply a new caution sticker and revise the corresponding literature. Furthermore, after this recall “update” service, my LG washing machine malfunctioned and no longer operates at all.
We had to replace smelly mouldy part on Kenmore HE2 front loader at cost of 400$
Not only did it cap the spin speed but I was told it would also LENGTHEN the amount of time it took to do a load of laundry!!! When I asked the man what he did to fix the issue he said he just changed some of the computer programming. HOW IN THE WORLD IS THAT A FIX TO THE ISSUE?!?!? That is not a solution nor a fix for a problem…but rather a way for a company to easily get out of dealing with issues of excessive vibrations and shaking in the future!
I had the same problem with my Kenmore Elite Model # 110.27006,2707,2 708, 2709. Mine would vibrate and sounds super loud from the drain pump it would shake and not operate functionally. It has been fixed several times by Sears with the same problem reoccuring. Who has the info on how to file a claim?
I had the same problem with my Kenmore Elite Model # 110.2707,2707,2708, 2709. It would vibrate so violently that we were unable to hear each other talking two rooms away! Had it fixed once and the same problem occurred. We ended up getting a new one. It also damaged clothing and especially towels. I hope I can be included in this law suit. Thanks
We did have a problem with model LG WT5101HV, which warranty expired, and had to pay to get it fix, finally we ended by buying a new one.
Same problem here my model of washer was 110.1703,2704,2705,2715 fix to many times that I just need one last fix to be replaced for a new one but warranty had expired so for me I was scruded up so i ended trowing it again away
You can ad the GE WHRE5550K2WW Washer High Efficiency to this also. I just had the motor with the computer replaced on mine for the second time on 10/3/2013, since I purchased it on 05/04/2010! The first replacement was after 10 months and the repair man said to make sure I got an extended warranty on it because these parts go bad and it’s going to happen again, so I did and sure enough it’s replaced for a second time. The clothes during the 6 months to a year that the grinding goes on before it breaks, don’t spin out dry enough therefore I spend more money on drying cloths. The Ge repair man said it was due to the high efficiency regulations put on the washers that make them breakdown so fast and they use plastic parts (inatiquite) part material, so I have to keep a extended warranty on my washer due to defective parts used by GE. That is wrong plus my washer is not the HIGH EFFECIENCY washer it was suppose to be and is making my dry over work so I have to dry cloths 1 1/2 cycles to dry so it is no longer ENERGY EFFICIENT either!! Since 6/11/2011 extended warranties have cost me $216.85 and the washer cost $426.55.
Thank you!
Can you please send me the information on how to do a claim for my LG washing machine
Send me the info to file a claim also. please
I hope to see a lawsuit against Sears Lg Washer, model #WM2016CW, Front load. Have pictures of mold on rubber rim inside the door and an odor from the tub, I have to leave the door open on the washer for it smells bad if I keep it closed. I called Sears and they told me if I would come in they would show me another washer, bought this wash in 2008 and it had mold on it 3 months later when I called them, we don’t have the money to buy a washer every few months and I wash a couple of loads of clothes a week, just for me and my husband. Thank you, Wanda Esker
There is a class action lawsuit on this model. We solved our mold problem by not using liquid fabric softener. We use dryer fabric softener sheets instead. Liquid fabric softener is purified animal fat with perfume. We bought the product Washer Fan which is placed on the back of the washer. It dries out the inside of the front load thus eliminating and preventing the mold and mildew. Leave the Front Load washer slightly open when not using it. We also flush the machine one a month with bleach on clean tub cycle.
Me too. This washer stinks and doesn’t spin our clothes like it should. I will never again own a front door washer