Whirlpool Fights Energy Star Washing Machine Class Action

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Defendants in a Whirlpool class action lawsuit urged a federal judge to deny certification of the Class affected by allegedly deceptive advertising of Maytag Centennial Energy Star washing machines.

In their original class action complaint filed in 2012, lead plaintiffs claimed that Whirlpool deceptively marketed its Maytag Centennial washing machines as “Energy Star-certified.”

According to the complaint, ENERGY STAR-qualified washing machines are required by the U.S. Department of Energy to use approximately 37 percent less energy and 50 percent less water than standard models.

The plaintiffs point out that these washing machines are more expensive than standard models, but they come with the promise of reduced energy and water bills that, over time, will generate enough savings to recoup the higher price.

However, the Maytag Centennial fails to meet those standards, the lawsuit states.

The plaintiffs asked a New Jersey federal court to certify a proposed Class of U.S. consumers who purchased one of the mislabeled Maytag Centennial model washing machines. Whirlpool, Home Depot and other defendants in the class action lawsuit argue that the proposed Class should not be certified in their recent filing with the court.

Whirlpool states in its motion opposing certification that the claims in the class action lawsuit are complicated and it would not be appropriate to try and address them using this type of litigation. The plaintiffs argued in their motion filed in February that their proposed Class should be certified because of facts common to all purchasers of Maytag Centennial washing machines – all of the washing machines had an Energy Star label; the labels were allegedly false; all consumers paid extra for that type of washing machine; and all of those consumers will pay higher utility bills because of the Maytag Centennial.

Whirlpool points out in its motion that not all consumers necessarily paid extra for their Maytag Centennial. Additionally, argues Whirlpool, the plaintiffs won’t be able to establish that all Maytag Centennial owners will pay higher utility bills.

Home Depot filed a separate motion opposing the plaintiff’s bid to certify the Class. According to Home Depot, they should not even be a named defendant in this class action lawsuit because the hardware retailer had no part in putting Energy Star labels on the Maytag Centennial washing machines.

“Plaintiffs’ motion for class certification makes clear that their claims for certification are based solely on the Energy Star label — a label Home Depot did not put on the machine or have any involvement with whatsoever,” argued Home Depot.

The plaintiffs and proposed Class are represented by James Cecchi and Lindsey H. Taylor of Carella Byrne Cecchi Olstein Brody & Agnello PC; Antonio Vozzolo of Vozzolo LLC; James R. Banko of Faruqi and Faruqi LLP; and by Scott A. Bursor, Joseph I. Marchese and Yitzchak Kopel of Bursor & Fisher PA.

The Maytag Centennial ENERGY STAR Washing Machine Class Action Lawsuit is Charlene Dzielak, et al. v. Whirlpool Corp., et al., Case No. 2:12-cv-00089, in the U.S. District Court for the District of New Jersey.