Whirlpool Agrees to Pay Up to $21.33 Million to Settle Leaky Dishwasher Class Actions [UPDATE]

Whirlpool and a proposed class of consumers have reached a settlement valued at between $15.71 million to $21.33 million to end four lawsuits that alleged dishwashers made by the company came with a defective pump motor diverter shaft seal that could cause leaks.

The proposed settlement, which now awaits preliminary approval from U.S. District Judge Wilhelmina M. Wright before proceeding, covers Whirlpool-manufactured Jenn-Air, Kenmore, KitchenAid, Ikea, Amana and Whirlpool-brand dishwashers made with a hydraulic rotation diverter system between January 1, 2010 and December 31, 2017. Covered by the proposed deal are dishwashers that bear the model and serial number combinations found on this page. A list of model and serial numbers for covered diverter motors, seals, sump/seal assemblies, sump/motor assemblies and pump/motor assemblies can be found here.

Eligible consumers who submit documentation of out-of-pocket expenses to repair or replace their dishwasher or its diverter motor or sump assembly can receive up to $225 through the settlement, depending on the age of the product. According to court documents, the proposed settlement does not cover personal injury or property damages consumers may have sustained as the result of a covered dishwasher leak.

Court documents state that although Whirlpool disputes the consumers’ claims and denies any wrongdoing, the company has agreed to settle the lawsuits to “avoid the substantial costs and disruptions of continued litigation.” A memo submitted in support of the proposed settlement says the deal was reached after “substantial expert investigation, active litigation, confirmatory discovery, and lengthy and hard-fought negotiations.”

“Given the significant risks inherent in this litigation, the Settlement is an outstanding result for the Settlement Class,” the memo states, calling the deal “fair, reasonable, adequate, and in the best interests of the Settlement Class Members.”

Importantly, the proposed settlement detailed on this page must receive preliminary approval before proceeding. Preliminary approval is a key hurdle in the class action settlement process that must be cleared before eligible consumers can receive compensation.

Who’s covered by the deal?

Consumers covered by the proposed settlement with Whirlpool include all persons in the United States and its territories who bought a new Whirlpool-manufactured dishwasher, i.e., one of the brands listed above, or acquired a new dishwasher as part of the purchase or remodel of a home, or received one as a gift.

More than 6.7 million covered dishwashers have been distributed by Whirlpool in the U.S., according to settlement documents. Dishwasher owners who are covered by the settlement will receive notice to their physical and/or email address found within Whirlpool’s databases.

What can I get through the Whirlpool leaky dishwasher settlement?

The proposed settlement stipulates that Whirlpool will partially reimburse out-of-pocket expenses paid by consumers who can provide sufficient documentation that their covered dishwasher experienced a diverter seal leak within eight years of manufacture. According to court documents, Whirlpool will recoup out-of-pocket expenses incurred by consumers who either paid for a qualifying repair to their covered dishwasher or paid for a replacement, rather than a repair, of the dishwasher within six weeks of experiencing a diverter seal leak.

Consumers who submit a valid claim for a qualifying repair or replacement of their dishwasher that occurred one to two years after manufacture can receive 100 percent of the average cost of repair—i.e., $225—or a $200 cash rebate for the purchase of a new KitchenAid-brand dishwasher, or a $150 cash rebate for the purchase of a new Whirlpool- or Maytag-brand dishwasher.

Consumers who submit a valid claim for a qualifying repair or replacement that occurred in year three after manufacture can receive 90 percent of the average cost of repair, or a $200 cash rebate for the purchase of a new KitchenAid-brand dishwasher, or a $150 cash rebate for the purchase of a new Whirlpool- or Maytag-brand dishwasher.

Those who submit a valid claim for a qualifying dishwasher repair or replacement four to five years after manufacture can receive 80 percent of the average cost of repair, or a $200 rebate for the purchase of a new KitchenAid-brand dishwasher, or $150 rebate for the purchase of a new Whirlpool- or Maytag-brand dishwasher.

Consumers who submit a valid claim for qualifying repairs or replacements that occurred six years after manufacture can receive reimbursement for 60 percent of the average cost of repair. For six-year repair claims, consumers can alternatively receive a cash rebate of $175 for the purchase of a new KitchenAid-brand dishwasher or a $125 cash rebate for the purchase of a new Whirlpool- or Maytag-brand dishwasher.

Consumers who submit a valid claim for qualifying dishwasher repairs or replacements that occurred seven years after manufacture can receive 30 percent of the average cost of repair or a $100 cash rebate for the purchase of a new KitchenAid-, Whirlpool- or Maytag-brand dishwasher.

For claims submitted for reimbursement for qualifying repairs and replacements that occurred in year eight after manufacture, consumers can receive a $100 cash rebate for the purchase of a new KitchenAid-, Whirlpool- or Maytag-brand dishwasher.

My dishwasher hasn’t leaked yet, but what if it does in the future?

The proposed settlement also provides for compensation to be issued to consumers whose dishwashers experience a diverter seal leak after the date notice is sent to class members but within eight years of manufacture. To be eligible for compensation for a future diverter seal leak, a consumer must submit to the settlement administrator within 90 days of the leak a claim form stating a valid dishwasher model and serial number combo along with documentary proof showing that they either bought a new dishwasher, acquired a new dishwasher as part of the purchase or remodel of a home or received a new one as a gift. Sufficient forms of proof include, but are not limited to, purchase receipts, credit card statements and warranty registrations.

The same year-after-manufacture compensation criteria, detailed in the previous section, applies for those who submit future leak claims for qualifying dishwasher repairs or replacements.

Do I need proof when I file a claim?

In order to receive compensation for a previous diverter seal leak, an eligible consumer must submit a claim form with a valid dishwasher model and serial number combination along with documentary proof showing that they either bought a new dishwasher, acquired one as part of the purchase or remodel of a home or received a new dishwasher as a gift. Valid documentary proof includes, but is not limited to, receipts, credit card statements and warranty registrations.

Without documentary proof, a consumer will have to declare on their claim form, under oath, that they cannot locate proof of purchase or a gift receipt.

Also required is sufficient documentary proof of a consumer’s repair or replacement costs, which may include a valid model and serial number; service tickets, estimates and receipts; and/or credit card statements and warranty registrations.

Consumers who fail to submit a valid dishwasher model and serial number combination will not be eligible for compensation through the settlement.

I own one of the Whirlpool-made dishwashers covered by the settlement. What should I do now?

For now, owners of Whirlpool-manufactured dishwashers can only sit tight and wait for the settlement to receive preliminary approval or be sent back to the parties to be reworked. If and when the settlement is preliminarily approved, consumers who are covered by the deal will receive notice by regular mail and/or email containing information on how to file a claim for compensation. Around this time, an official settlement website will also be created, where consumers will be able to find claim forms, answers to frequently asked questions, important deadlines and contact information for the settlement administrator.

Once the deal receives preliminary approval, it must then receive final approval before compensation may be distributed to eligible consumers.

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