Whirlpool Washing Machine Mould Class Action

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***NOTICE OF AUTHORIZATION OF A CLASS ACTION***

TO: All residents in Quebec who currently own or have previously owned a Whirlpool, Kenmore, and/or Maytag Front-Loading Washing Machine without a steam feature, manufactured prior to December 31, 2008, but excluding models built on the Sierra platform starting in 2007 (the “Class”), which include the following model numbers:

- Whirlpool GHW9100, GHW9200, GHW9150, GHW9250, GHW9400, GHW9160, GHW9300, GHW9460, WFW8500, WFW9200, WFW8300, WFW9400, WFW8410, WFW8400, WFW9600, WFW9500, WFW8200, WFW9300, WFW9250, WFW9150;

- Kenmore 110.42922, 110.42924, 110.42926, 110.42932, 110.42934, 110.42936, 110.42822, 110.42824, 110.42826, 110.42832, 110.42836, 110.44832, 110.44836, 110.44834, 110.44932, 110.44934, 110.44936, 110.45091, 110.45081, 110.45087, 110.45088, 110.45089, 110.44826, 110.44921, 110.45862, 110.45981, 110.45986, 110.43902, 110.45991, 110.45992, 110.45994, 110.45996, 110.45972, 110.45976, 110.45872, 110.46472, 110.47561, 110.47566, 110.47567, 110.47511, 110.47512, 110.49972, 110.49962, 110.47081, 110.47086, 110.47087, 110.47088, 110.47089, 110.47531, 110.47532, 110.47571, 110.47577, 110.47091, 110.47852, 110.47542;

- Maytag MFW9600, MFW9700, MFW9800, MHWZ400, MHWZ600;
(Collectively, the Washing Machines)

On May 5, 2020, the Superior Court of Quebec authorized a class action in the judicial district of Montreal in the case of Gaudette vs. Whirlpool Canada LP et al., court file no. 500-06-000794-160. The Representative Plaintiff is seeking compensatory and punitive damages against Whirlpool Canada LP, Whirlpool Corporation, and Sears Canada Holdings Corp. (the “Defendants”) on behalf of the Class based on the allegations that the Defendants failed to disclose that the Washing Machines suffer from a hidden design defect that causes them to fail to properly self-clean, which in turn causes the Washing Machines to accumulate moisture, residue, bacteria, mould, mildew and emit a foul odour. The Defendants deny the allegations.

In deciding the merits of these claims, the Court will be called upon to answer the following common questions of law or fact:

1. Does the design of the Washing Machines prevent the growth or accumulation of dirt, debris, scrud, and/or biofilm through their intended use?

2. If not, is the design of the Washing Machines defective and if so, what are the defects?

3. Do those defects constitute latent defects under Article 1726 of the Civil Code of Quebec or a violation of the statutory warranties found at Articles 37, 38 and 53 of the Quebec Consumer Protection Act?

4. If so, did the Defendants fail to adequately disclose to Class members that the Washing Machines are defective or did they do so in a timely manner?

5. Did the Defendants breach their duty to inform the members of the Class under the Civil Code of Quebec and the Quebec Consumer Protection Act?

6. Should an injunctive remedy be ordered to force the Defendants to recall, repair, and/or replace Class Members' Washing Machines free of charge?

7. Are the Class members entitled to compensatory, moral, punitive and/or exemplary damages and if so, in what amount?

The Court has not yet ruled on the merits of the class action, nor on any compensation that may be awarded to class members.

As a class member, you have the right to intervene in the present class action, in the manner provided for by law. As a class member or an intervener, you cannot be called upon to pay the costs of the class action.

If you wish to remain a class member, you have nothing to do. If you wish to opt-out of the class action, you have until July 7, 2021 to advise in writing the Registry (Greffe) of the Superior Court of Quebec, District of Montreal, at 1 Notre-Dame Street East, Montreal, Quebec, H2Y 1B6, by regular mail. A copy of your written opt-out should also be forwarded to Class Counsel (see coordinates below). If you do not exclude yourself from the class action, you will be bound by any judgment that is rendered in this case, whether successful or not. Please make sure to mention file no. 500-06-000794-160 in your correspondence. For further information, you may contact Class Counsel listed below or visit the Registry of class actions website at https://www.registredesactionscollectives.quebec/en.

Consumer Law Group Inc.
Jeff Orenstein
1030 Berri St., Suite 102
Montreal, Quebec H2L 4C3
Phone: (514) 266-7863 ext. 2
Email: [email protected]
________________________________________

CONSUMER LAW GROUP has launched a class action lawsuit against Whirlpool and Sears on behalf of individuals who own certain Whirlpool, Kenmore or Maytag Front-Loading Washing Machines (all were manufactured by Whirlpool, even if they were sold under a different brand name) and who have experienced a moldy or mildew odour from their washing machines or have had to purchase Affresh tablets to avoid such a smell.

To read a copy of the Class Action Complaint, click here.

Whirlpool and Sears settled a similar class action lawsuit in the United States for U.S. residents only, but have refused to compensate their customers in Canada, whose washing machines suffer from the same exact problems. To see a copy of the U.S. settlement website, click here.

The Front-Loading Washing Machines involved include in the lawsuit are:

(a) “Whirlpool Duet”, “Whirlpool Duet HT” and “Whirlpool Duet Sport” Front-Loading Washing Machines of the following model numbers and manufacture dates:

Model No.	Manufacture Dates
GHW9100	All
GHW9200	All
GHW9150	All
GHW9250	All
GHW9400	All
GHW9160	All
GHW9300	All
GHW9460	All
WFW8500	All
WFW9200 – MATADOR	All
WFW8300	All on or before 09/30/09
WFW9400	All on or before 02/28/09
WFW8410	All on or before 09/30/09
WFW8400	All on or before 09/30/09
WFW9600	All
WFW9500	All on or before 02/28/09
WFW8200	All
WFW9300	All
WFW9250	All on or before 09/30/09
WFW9150	All on or before 09/30/09

(b) Whirlpool-manufactured Kenmore Front-Loading Washing Machines of the following model numbers and manufacture dates:

Model No.	Manufacture Dates
110.42922 110.42924 110.42926	January 2001 – June 2004
110.42932 110.42934 110.42936	February 2001 – December 2003
110.42822 110.42824 110.42826	April 2001 – July 2004
110.42832 110.42836	June 2001 – May 2003
110.44832 110.44836 110.44834	March 2002 – June 2004
110.44932 110.44934 110.44936	October 2002 – September 2004
110.45091	May 2003 – September 2006
110.45081 110.45087 110.45088 110.45089	May 2003 – October 2006
110.44826	July 2003 – June 2004
110.44921	August 2003 – July 2004
110.45862	January 2004 – September 2006
110.45981 110.45986	January 2004 – July 2006
110.43902	January 2004 – May 2004
110.45991 110.45992 110.45994 110.45996	January 2004 – July 2006
110.45972 110.45976	June 2004 – October 2006
110.45872	July 2004 – May 2006
110.46472	June 2005 – June 2006
110.47561 110.47566 110.47567	August 2005 – October 2010
110.47511 110.47512	January 2006 – November 2009
110.49972	January 2006 – October 2008
110.49962	April 2006 – November 2009
110.47081 110.47086 110.47087 110.47088 110.47089	April 2006 – October 2009
110.47531 110.47532	April 2006 – April 2009
110.47571 110.47577	August 2006 – August 2009
110.47091	October 2006 – March 2009
110.47852	March 2007 – June 2007
110.47542	June 2007 – November 2008

(c) Whirlpool-manufactured Maytag Front-Loading Washing Machines of the following model numbers and manufacture dates:

Model No.	Manufacture Dates
MFW9600	March 2006 – June 2008
MFW9700	March 2006 – June 2008
MFW9800	January 2007 – June 2008
MHWZ400	January 2007 – February 2010
MHWZ600	February 2007 – April 2010

The class action alleges that Whirlpool and Sears designed, manufactured, marketed, distributed, imported, advertised, warranted, sold, and/or serviced the Washing Machines which suffer from serious design flaws (the “Design Defect”) which cause, inter alia, the following issues:

• The failure of the Washing Machines to properly clean themselves and to remove moisture, residue, growth and/or bacteria that leads to the formation of mould, mildew, and associated foul odours in consumers’ homes and onto their clothing;
• The accumulation of residues that contribute to the formation of mould, mildew, and associated foul odours in consumers’ homes and onto their clothing;
• The failure of the stainless steel drums to fully and properly drain in connection with each and every wash cycle and/or to not sufficiently permit the rinsing away and/or prevent the accumulation of residues and growths; and
• The failure of the door seal (the “boot”) to fully or properly drain and/or remove residues and growths after each wash.

If you or someone you know owns a Whirlpool, Kenmore, or Maytag Front-Loading Washing Machine and you wish more information on potential compensation or to be kept advised of the status of the Whirlpool Washing Machine Mould Class Action litigation or any resulting compensation resulting from the Whirlpool Washing Machine Mould Class Action Lawsuit in Canada, Ontario or Quebec, please provide your contact information to our law firm using the below form.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.