Whirlpool Class Action Says Dishwasher Rack Adjusters Break Easily

UPDATE: August 2020, the KitchenAid dishwasher rack adjuster class action settlement is now open. Click here to file a claim. 

A Virginia man says Whirlpool needs to offer thousands of consumers a proper remedy for a defect in its Whirlpool dishwashers that causes their top racks to collapse or get stuck.

Plaintiff Warren Burch says the Whirlpool Corporation has failed to properly address a problem with certain dishwashers that have faulty rack adjusters connecting their upper racks to the rest of the washer.

Burch says these adjusters are so brittle that they tend to break during normal use of the washer. The plastic used in these rack adjusters can’t stand up to the repeated exposure to high temperatures that happens during normal dishwasher use, he claims.

When these adjusters break, the top rack disconnects from its rails and either collapses or becomes stuck in place, according to Burch.

Whirlpool dishwashers are also sold under other brand names like KitchenAid and Kenmore. These dishwashers may be built with the same allegedly defective rack adjuster and may therefore be afflicted with the same problem, Burch claims.

Burch claims Whirlpool is aware of the problem with these dishwashers. Whirlpool has allegedly received thousands of complaints from customers, some of whom report multiple failures.

He also quotes many online product reviews from customers complaining about broken rack adjusters on their Whirlpool dishwashers.

Yet despite knowing about the problem, the company has failed to issue a recall, notify consumers about the problem, or offer any other sort of remedy, Burch claims.

Burch says he bought his own KitchenAid-branded Whirlpool dishwasher from Sears in 2013. He says the machine’s upper rack adjuster failed multiple times within the applicable warranty period.

When he contacted Whirlpool about the problem, Burch says, he was told the product was not under warranty and that he would have to purchase his own replacement rack adjuster.

So Burch paid for a replacement rack adjuster, which he says also ended up failing. The plaintiff says he went through several more rack adjusters that failed, each time paying for the parts out of his own pocket.

Finally, in 2015, he got a redesigned rack adjuster made of steel that managed to hold up under normal machine use. By that time, he says, he had spent $100 on rack adjusters in an attempt to solve the problem.

Burch seeks to represent a plaintiff Class consisting of all persons who purchased a Whirlpool dishwasher primarily for their personal use within the U.S. He is also proposing a subclass for all Class Members who live in Virginia. Burch expects Class Members will number in the thousands.

He is asking the court for an injunction that would require Whirlpool to notify consumers and Class Members about the defect, immediately cease manufacturing and marketing the Whirlpool dishwashers at issue, and issue replacement rack adjusters to affected customers free of charge.

He also seeks an award of damages, court costs and attorneys’ fees, plus any other remedy the court deems appropriate.

Burch is represented by attorneys Edward A. Wallace and Amy E. Keller of Wexler Wallace LLP and R. Brent Irby and S. Brett Holsombeck of McCallum Hoaglund Cook & Irby LLP.

The Whirlpool Dishwasher Defective Rack Adjuster Class Action Lawsuit is Warren Burch v. Whirlpool Corp., Case No. 1:17-cv-00018, in the U.S. District Court for the Western District of Michigan.