Whirlpool Corporation, Sears Holdings Corporation, and Sears Roebuck and Company have agreed to settle a class action lawsuit alleging some of their dishwashers were defective and posed a fire hazard. If you purchased or owned a KitchenAid, Kenmore and/or Whirlpool dishwasher, you may be entitled to compensation from the class action settlement.
If approved, the dishwasher settlement will resolve a class action lawsuit that alleges certain dishwashers manufactured by Whirlpool between October 2000 and January 2006 were equipped with a defective electronic control board that was prone to overheat, ignite, or emit smoke, sparks or fumes.
The defendants deny that the Whirlpool dishwashers are defective and deny that they pose any unreasonable safety risk. However, they have agreed to settle the Whirlpool dishwasher class action lawsuit to avoid the cost and risk associated with further litigation.
NOTE: This Whirlpool class action settlement does not include personal injury or property damage claims. It only includes damage that affected the Whirlpool dishwasher.
Who’s Eligible
Class Members of the Whirlpool dishwasher settlement include all U.S. residents who either:
- Purchased a new Class Dishwasher;
- Acquired a Class Dishwasher as part of the purchase or remodel of a home; or
- Received as a gift a new Class Dishwasher manufactured between October 2000 and January 2006.
Under the terms of the class action settlement, a “Class Dishwasher” is defined as a Whirlpool, KitchenAid or Kenmore brand dishwasher that was manufactured by Whirlpool between October 2000 and January 2006, and which was equipped with an electronic control board (ECB) designated as a “Rush” ECB or “Rushmore” ECB.
The Whirlpool dishwasher class action settlement also establishes two subclasses: the “Past Overheating Subclass” and the “Future Overheating Subclass.”
The Past Overheating Subclass includes Class Members who experienced an overheating event (in which the ECB overheated, ignited, emitted smoke, sparks or fumes, and stopped working) within 12 years after the purchase date of the dishwasher, but before Dec. 15, 2015.
The Future Overheating Subclass includes Class Members who, within 10 years after the purchase date of the dishwasher or within two years of Dec. 15, 2015 (whichever is later), experience an overheating event.
Potential Award
Varies.
The Whirlpool dishwasher class action settlement provides the following benefits to Class Members:
- Cash rebates
- Reimbursement for dishwasher repairs or replacements due to an Overheating Event
- Cash payments for Future Overheating Events
REBATES:
All Class Members are entitled to receive a cash rebate from Whirlpool upon purchase of a new KitchenAid, Kenmore or Whirlpool dishwasher. The rebate will be between 10 and 20 percent of the retail purchase price.
- The rebate for the purchase of a new Whirlpool or Kenmore brand dishwasher will be 10 percent off the purchase price, unless you received notice prequalifying you for an enhanced rebate (see below for details).
- The rebate for the purchase of a new KitchenAid brand dishwasher will be 15 percent off the retail purchase price, unless you received notice prequalifying you for an enhanced rebate (see below for details).
Class Members who had the Thermal Cut-Out device of their Whirlpool dishwasher repaired may be entitled to an enhanced rebate of 15 percent off the retail purchase price of a new Whirlpool or Kenmore brand dishwasher, or 20 percent off the retail price of a new KitchenAid brand dishwasher.
REIMBURSEMENT FOR AN OVERHEATING EVENT:
If your dishwasher experienced an Overheating Event, you may be entitled to reimbursement for qualifying repairs or replacements. If you provide sufficient documentary proof that you paid out-of-pocket costs for a repair, you may be eligible for a full reimbursement of the amount you paid for the repair. If you provide sufficient proof of a paid repair, but the proof does not show the amount you paid, you will receive $200.
If you provide sufficient documentary proof that you paid for a replacement dishwasher as a result of an Overheating Event, Whirlpool will reimburse the out-of-pocket costs paid up to $300 for a Whirlpool, Kenmore or KitchenAid brand replacement dishwasher, and up to $200 for a non-Whirlpool replacement dishwasher.
REIMBURSEMENT FOR A FUTURE OVERHEATING EVENT:
Class Members who experience an Overheating Event within 10 years after the purchase of the dishwasher or within 2 years after Dec. 15, 2015, you should contact the Settlement Administrator. You may be eligible to receive either a $100 cash payment or a 30 percent rebate off the purchase price of a new Whirlpool, Kenmore or KitchenAid brand dishwasher.
NOTE: Owners of Whirlpool-manufactured dishwashers that are not covered by this settlement may also be entitled to benefits. A list of the dishwasher model and serial numbers will be available on the settlement website.
Proof of Purchase
Class Members must verify that their dishwasher’s model number and serial number is included in the settlement. A list of qualifying dishwashers will be available at the settlement website.
Claim Form
Claim Form Deadline
06/02/2016
NOTE: Class Members must submit a separate Claim Form for each dishwasher.
Case Name
Chambers, et al. v. Whirlpool Corp., et al., Case No. 8:11-cv-01733, in the U.S. District Court for the Central District of California
Final Hearing
06/30/2016
Settlement Website
Claims Administrator
Dishwasher Settlement Claims Administrator
P.O. Box 43394
Providence, RI 02940-3394
1-888-730-9962
info@DishwasherSettlement.com
Class Counsel
Charles S. Fax
RIFKIN WEINER LIVINGSTON LEVITAN & SILVER LLC
Steven A. Schwartz
Tim Mathews
CHIMICLES & TIKELLIS LLP
Jeffrey M. Cohon
COHEN & POLLACK LLP
Robert S. Kitchenoff
WEINSTEIN KITCHENOFF & ASHER LLC
Nicole Sugnet
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
Defense Counsel
WHEELER TRIGG O’DONNELL LLP
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