Settlement Aims to Resolve Whirlpool Fridge Lawsuit Over Alleged Cooling Defect
Paperno et al v. Whirlpool Corporation
Filed: October 5, 2023 ◆§ 3:23-cv-05114
A class action alleges certain Whirlpool, KitchenAid, JennAir and Maytag French door fridges suffer from a defect that can cause the refrigerator compartment’s evaporator to freeze over.
California
A settlement has been reached to resolve a proposed class action lawsuit that claimed certain Whirlpool-manufactured refrigerators suffer from a defrost heating system defect that can cause a buildup of frost and ice on the evaporator in the refrigeration compartment, impeding the unit’s ability to cool food properly.
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The proposed class action settlement, filed with the court on October 30, aims to cover anyone in the United States or its territories who purchased, received as a gift, or acquired as part of the purchase or remodel of a home a qualifying refrigerator from Whirlpool or its authorized resellers. According to the plaintiffs’ motion for preliminary approval, the number of class members is estimated to be approximately 354,000 people.
Per the settlement agreement, 14 Whirlpool-manufactured Maytag, JennAir, KitchenAid and Whirlpool-branded three-door French door refrigerators are covered by the deal, including those with model numbers KFIS29BB**, KFIS29PBM**, KFIV29PCM**, KRFF507E**, KRFF707E**, MFT2776DEE**, MFT2776FEZ**, MFT2778EE**, MFT2976AE**, MFT2977AE**, WRF757SDE**, WRF767SDEM**, WRF989SDA** and WRF990SLA**. The “**” symbol denotes a wildcard for a model’s color and engineering version, the motion says.
The proposed settlement also covers Whirlpool-manufactured refrigerators within the serial number range K212xxx to K911xxx, the agreement adds.
Related Reading: Whirlpool, KitchenAid, JennAir, Maytag French Door Fridges Suffer From Evaporator-Freezing Defect, Lawsuit Says
The Whirlpool settlement, if approved by the court, will provide cash reimbursement for documented out-of-pocket costs to repair or replace a refrigerator’s evaporator, or to replace the entire unit with a new model, due to manifestation of the alleged defect within eight years of manufacture, the document relays.
Class members who paid out of pocket for repairs within three years of their refrigerator’s manufacture may claim reimbursement of up to $300 per qualifying repair, the settlement agreement shares. Consumers may claim reimbursement of up to $225 for qualifying repairs within four to six years of manufacture, or up to $150 for repairs within seven to eight years of manufacture, the document says.
Moreover, class members who had to replace their refrigerator within six years of manufacture after experiencing two or more “frost clog” issues may be entitled to reimbursement of a percentage of the original price of the appliance, the agreement states. For a fridge replacement that occurred within the first three years after manufacture, class members may receive 75 percent of the purchase price if Whirlpool’s records indicate the consumer requested replacement before paying out of pocket. Otherwise, the consumer can claim 50 percent of the appliance’s purchase price, the settlement agreement notes.
For replacements that occurred four to six years after manufacture, class members may be entitled to receive 45 percent of the purchase price if the consumer first contacted the company to request replacement, or 25 percent if not, the agreement says.
Related Reading: ‘Defective’ Whirlpool Refrigerators Fail to Properly Cool Food, Class Action Alleges
Class members who previously received compensation or a benefit from Whirlpool in connection with the alleged defect will be entitled to reimbursement that is reduced by the amount they have already received, and those who got a full refund of their fridge’s purchase price or a free replacement model from Whirlpool are not entitled to any payment or other compensation.
Class members whose fridges need to be repaired in the future as a result of the alleged defect and within eight years of their manufacture will be eligible for credit toward the repair, court documents state.
The motion relays that the settlement terms “essentially constitute an eight-year extended service plan” to repair the refrigerator issues, with an estimated value of $54.1 million.
As the settlement agreement tells it, notice of the deal would be issued to eligible class members by mail or email within 42 days of the settlement’s preliminary approval. Class members would then have 180 days, beginning on the date of mailing, to submit a claim form by mail or online through the official settlement website once it is established.
The plaintiffs first notified the court of the deal with Whirlpool Corporation in August 2024, and the parties now await preliminary approval of the settlement terms from United States District Judge Rita F. Lin.
ClassAction.org will update this page if and when the official settlement website is launched.
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