Class action against Whirlpool, Lowes and Sears regarding Maytag washing machines

January 17, 2012 by

A class action lawsuit has been filed against Whirlpool Corporation (“Whirlpool”), Lowe’s Companies, Inc. (“Lowe’s”) and Sears Holdings Corporation (“Sears”) (collectively “Defendants”) in the United States District Court for the District of New Jersey.  The case is entitled Charlene Dzielak and Shelley Baker v. Whirlpool Corporation, Lowe’s Companies, Inc. and Sears Holdings Corporation). The complaint alleges that Whirlpool, Lowe’s & Sears misrepresented the  energy efficiency of Maytag Centennial washing machines, model numbers MVWC6ESWW0, MVWC6ESWW1, and MVWC7ESWW0 by promoting them as ENERGY STAR®-qualified and labeling them with the ENERGY STAR® logo.

The class action lawsuit is brought on behalf of the following proposed class:

All persons in the United States who purchased a Maytag Centennial washing machine, model numbers  MVWC6ESWW0, MVWC6ESWW1, and MVWC7ESWW0.

The Whirlpool, Lowe’s & Sears Maytag Centennial Washing Machine & Energy Star class action lawsuit is also  reportedly brought on behalf of a California and New Jersey subclass.

According to the complaint, ENERGY STAR®-qualified washing machines are required by the U.S. Department of Energy (“DOE”) to exceed minimum standards for energy and water efficiency, use approximately 37% less energy and 50% less water than standard models, are more expensive than standard models, but come with the promise of reduced energy and water bills that, over time, will generate enough savings to recoup the higher price.  The complaint asserts claims for alleged violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq.), Breach Of Express Warranty, Breach of Implied Warranty of Merchantability, Unjust Enrichment, violation of the New Jersey Consumer Fraud Act, N.J.S.A. § 56:8-1, et seq, violation of the Consumers Legal Remedies Act (“CLRA”), Civil Code §§ 1750, et. seq.), violation of the Unfair Competition Law, Bus. & Prof. Code §§ 17200 et seq and False Advertising Law, Business & Professions Code § 17500 et seq and violation of the Consumer Fraud Laws of various states.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

Legal Disclaimer

The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.