Whirlpool Mold Cases Could Get Nationwide Certification

The ongoing tale of moldy Whirlpool dishwashers and the class action lawsuit against the manufacturer took another turn this week, as the possibility of nationwide certification was raised.

Consumers have reported growth and mold within the machines’ drums.

As reported at the end of July (“Moldy” Whirlpool Washing Machine Case Gets Second Wind), a suit alleging that certain Whirlpool washing machines are prone to mold and mildew, leading to unpleasant smells, was re-approved after the Sixth Circuit Court of Appeals upheld its decision in the face of a Supreme Court ruling that the case be reconsidered. The lawsuit dates back to 2010 and follows multiple reports of clothes and machines smelling and growing mold. The company has long argued against class action status, claiming that cases do not share common damages and so do not qualify to be filed collectively.

The original complaint was filed in Ohio. Last week, following the Sixth Circuit’s decision and the lawsuit’s new lease of life, a complaint was filed to create classes for every other state. The complaint claims that a design defect, and a design defect alone, is responsible for consumers’ problems.

Although the additional classes are yet to be approved by a judge, the move could see the number of plaintiffs in the lawsuit, now back on track, increase dramatically. Consumers have reported growth and mold within the machines’ drums and a smell in the machines that can spread to clothing and throughout the home. The machines also fail to remove moisture that leads to mildew and odors, and so become unusable for their intended purpose, the suit claims. These specific issues have been noted in front-loading Whirlpool Duet, Whirlpool Duet Sport, and Whirlpool Duet HT models, according to the suit.

This isn’t the first complaint made against Whirlpool Corp. over its products. The possibility that Whirlpool dishwashers can catch fire due to a faulty heating element has prompted some consumers to investigate their legal options, while the same product has also been reported to leak due to faulty pumps, damaging consumers’ homes.

For those who claim their Whirlpool front-loading washing machines mold and smell, the wait is now on to see if nationwide status is approved.