Whirlpool

Whirlpool Front-Loader
Washing Machine                        

Class Action Lawsuit
In Canada 

En Français

Have you have experienced foul and noxious odours from your Whirlpool Front-Loader Washing Machine? Whirlpool front-loading washing machines may suffer from design and/or manufacturing defects that may contribute to the formation of mould and mildew on the inside of the machines, which will produce foul and noxious odours.

Certain Whirlpool Front-Loaders have an inherent propensity to build up “scrud” (which is a mixture of sludge, soils, mould or fungi and mildew) on the interior surfaces.  This occurs because they have not been designed properly to direct water to clean all the surfaces exposed to the water, soap, softener, and dirt and debris and to provide air circulation to allow these surfaces to dry once a wash has ended.  The Whirlpool Front-Loaders have inappropriately deep cavities and ribs on surfaces exposed to the water, softener, dirt and debris, which increase the surface and pooling areas upon which growth of scrud can occur.  This prevents water, soap, softener, dirt and debris from being flushed during washing or cleaning cycles and also allows and promotes corrosion on key parts.

As a result of these manufacturing defects, you may have incurred unexpected out-of-pocket expenses to service and replace parts on your Whirlpool Front-Loader.  Foul smelling clothing, towels and linen may have been discarded.  You may have experienced skin problems as a result of fungi contaminated clothing.  You may also have suffered from respiratory or ear-nose-and-throat conditions.  Mould, according to the federal Centers for Disease Control and Prevention, can cause symptoms that include nasal stuffiness, eye irritation, wheezing, or skin irritation, fever, and shortness of breath. For people with chronic lung illnesses, mould infections can develop in their lungs. Exposure to mould can also bring on asthma attacks.

Knowing of the scrud problems, the defendants manufactured, marketed and distributed a front-loading washing machine cleaner in tablet form, to be used in cleaning cycles, called "Affresh", and have marketed it as a solution for washer odour and residue.  This product has generated additional revenues for the defendants and has allowed them to benefit further from their own design defects at the expense of the potential class.

The Toronto law firm of Stevensons LLP, together with other leading Canadian firms, has commenced a national class action lawsuit on behalf of persons in Canada who purchased a Whirlpool Duet, Duet Sport, Whirlpool Duet HT, or Kenmore HE front-loading washing machine from 2001 to 2008.  The products are distributed in Canada by Whirlpool Canada Inc., an affiliate of Whirlpool USA, whom are named defendants in the Canadian lawsuit.  

The statement of claim was issued in the Ontario Superior Court of Justice on June 10, 2010 , with similar actions in other provinces. The claim alleges, among other things, that the defendants were aware that these machines were experiencing scrud problems due to the Design Deficiencies and that such problems were occurring with unreasonable frequency and were resulting in considerable expense and inconvenience to owners of the Whirlpool Front-Loaders.

From 2001 through to the present, the defendants concealed the nature and scope of the Design Deficiencies from the members of the Class.  Particulars of this concealment include the fact that where any information was provided to the public generally, such information was incomplete or misleading in that it sought to attribute any problems to issues other than the Design Deficiencies.

If you purchased a Whirlpool Duet, Duet Sport, Whirlpool Duet HT, or Kenmore HE front-loading washing machine from 2001 to 2008 and have had problems with mould, mildew, or related odour problems, this class action lawsuit seeks compensation on your behalf and you may be entitled to participate.  Please print out and complete our questionnaire.  For further assistance contact us directly.