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Ohio consumers who allege Whirlpool front-loading washing machines are prone to mold growth and produce foul odors have won their right to proceed as a class in a class action lawsuit against Whirlpool Corporation.
The Sixth Circuit Court of Appeals last week upheld a 2010 order by U.S. District Court Judge James S. Gwin granting certification to the consumers, saying:
“[W]e have no difficulty affirming the district court’s decision that common questions predominate over individual ones and that the class action mechanism is the superior method to resolve these claims fairly and efficiently. This is especially true since Class Members are not likely to file individual actions because the cost of litigation would dwarf any potential recovery.”
The Plaintiffs allege in the class action lawsuit that Whirlpool’s Duet, Duet HT, DuetSport and DuetSportHT front-load washing machines contain a design defect that results in the growth of mold or mildew in the machines, foul odors and ruined laundry. Plaintiffs further allege that although they and other consumers have spent time and money trying to remedy these problems, none of those supposed remedies — many of which were recommended by Whirlpool — have done so.
In July 2010, Judge Gwin certified a class of current Ohio residents who purchased a Whirlpool Duet front-load washing machine in Ohio for personal, family or household use and not for resale. Consumers outside of Ohio have also brought claims against Whirlpool that are now pending before Judge Gwin, and for which class certification will be sought.
“The Court of Appeals today reaffirmed that when a company knowingly sells a defective product to thousands of consumers, those consumers are entitled to band together as a class to hold the company accountable,” said the court-appointed lead attorney for the Ohio class. “We are gratified that our clients and the thousands of consumers like them will have their day in court.”
Similar class action lawsuits are currently pending against other front-load washing machine manufacturers for the same defect, including Sears and LG.
The Whirlpool Duet Front-Loading Washing Machine Class Action Lawsuit case is In re: Whirlpool Corporation Front-Loading Washer Products Liability Litigation, Case No. 10-4188.
UPDATE: On Oct. 30, 2014, a jury decided in favor of Whirlpool, finding that the company did not negligently design the front-loading washing machines and did not breach its warranty to consumers. Attorneys for the plaintiffs say they plan to appeal the verdict.
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55 thoughts onWhirlpool Front-Loading Washing Machine Class Action Proceeds
We have the same Whirlpool Duet! Nasty odor and mold! How do we join?
Wondering on how I join this lawsuit as well….I have not been able to find anything online about how to join unless you already live in Ohio! Anyone that has any info please let us all know!
I would like to join the class action. I have a Sears Kenmore front leader and, despite doing all suggested things to prevent mo,d, have been dealing with it since about 6 months after purchase, which was at least 8 years ago. I am convinced now that my health is being affected by the mold as I have had multiple respiratory issues since the mold began. Please let me know how to sign up.
I have the whirlpool duet and have bad multiple repairs the cleaners do not work how can I get in on the lawsuit ? I live in South Carolina
Bought from Sears 2009. Have always had problem knowing that all the water does ot filter out, Creates mold and stains my clothes from mold inside washer as well. There is no door drain to clean on my unit but in 2010 they put in a small door as a cleanout. Many of the types of washing controls are faulty and don’t drain the water out, leaving clothing soaked. (?) I have complained to Sears to no avail, I use a vinegar rinse with each load to try to keep it clean. I have used Afresh and also other means to clean it out, including a total BLEACH wash. Nothing works except the bleach but the mold keeps returning often. I am living with this current mold issue and worry that my household will be affected from this rancid bacteria and get sick. We are sick now, The clothes are stained at times and towels smell foul as do the clothes. I am afraid to put anything really GOOD in my washer for fear of ruining it.
I have the same problem. How Do I get into this lawsuit?
How do I get on this lawsuit? I have this machine and having the same problem!!!
I see comments all similar to my situation and I too am interested in joining the lawsuit. I dont see on here where anyone has said how to join in…….has anyone figure it out, please share.
I also have whirlpool front loader and have had same problems for years. The place I bought it told me to leave the door cracked when not using so it could get air but it doesn’t fix the problem. Is it too late to join law suit and do you have to be from Ohio. I live in Tn.
I also have the same problem, my duet washer is full of mold, smelly clothing, how doi i join this lawsuit??