Frequently Asked Questions
- Why was this notice issued?
- Why did I receive this notice?
- What is the lawsuit about?
- Why is this a class action?
- Why is there a Settlement?
- Who is included in the Settlement?
- How do I know if I am a Class Member?
- Who isn’t included in the Settlement Class?
- What benefits does the Settlement provide?
- Tell me more about the cash rebates.
- What are the deadlines to qualify for and receive a cash rebate?
- Tell me more about the reimbursements for an Overheating Event.
- What is the deadline to submit a Claim Form for a Past Overheating Event?
- Tell me more about the benefits available to Future Overheating Subclass Members.
- What is the deadline to submit a Claim Form for a Future Overheating Event?
- Tell me more about the Sticker Program.
- How many benefits can I receive?
- How do I get a cash rebate or other benefit to which I may be entitled?
- I had an Overheating Event in my Class Dishwasher, how do I get cash reimbursement?
- How do I get cash reimbursement if my Class Dishwasher experiences an Overheating Event in the future?
- What rights am I giving up by getting benefits and staying in the Settlement Class?
- What are the Released Claims?
- Do I have a lawyer in this case?
- How will these lawyers be paid?
- How do I get out of the Settlement?
- If I exclude myself, can I still get benefits from this Settlement?
- If I don’t exclude myself, can I sue Defendants for the same claims later?
- How do I tell the Court if I don’t like the Settlement?
- What is the difference between objecting and asking to be excluded from the Settlement?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to come to the hearing?
- May I speak at the hearing?
- What happens if I don’t do anything?
- What if I feel like I need more information about what I should or should not do?
- What compensation is available to owners of Whirlpool-manufactured dishwashers that are not Class Dishwashers but who experienced, or will in the future experience, control board Overheating Events?
- Why was this notice issued?
A federal court authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options, before it decides whether to approve the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, and who may qualify for them.
Judge Fernando M. Olguin of the United States District Court for the Central District of California is overseeing this class action and the Settlement. The case is known as Chambers et al. v. Whirlpool Corp. et al., Case No. 8:11-cv-01733. The people who sued are called "the Plaintiffs" and the companies they sued, Whirlpool, Sears Holdings, and Sears are called "the Defendants."
Top - Why did I receive this notice?
If you received a Postcard Notice in the mail, the Defendants’ records indicate that you may have purchased or owned a Whirlpool-, KitchenAid- or Kenmore-brand dishwasher that was manufactured by Whirlpool between October 2000 and January 2006 and was equipped with an electronic control board (“ECB”) designated by Whirlpool as a “Rush” ECB or a “Rushmore” ECB. These specific dishwashers are referred to as the “Class Dishwashers” throughout this Notice.
Top - What is the lawsuit about?
The lawsuit claims that the Class Dishwashers contain defects that may cause the ECB to overheat, ignite, or emit smoke, sparks, or fumes and stop working (an Overheating Event). The lawsuit further claims that the Defendants breached warranties, were negligent, and violated various state consumer protection statutes in connection with the manufacture and sale of the Class Dishwashers.
Defendants deny that there is any defect in the Class Dishwashers or that the Class Dishwashers pose any unreasonable safety or fire hazard to consumers. Defendants also deny that they violated any law or engaged in any wrongdoing.
The Settlement does not include personal injury or property damage claims other than damages made to the Dishwasher itself. The Settlement does not release any of these claims.
Top - Why is this a class action?
In a class action, one or more people called “Class Representatives” (in this case, Steve Chambers, Lynn Van Der Veer, Kevin O’Donnell, Joseph Cicchelli, Kurt Himler, Susan Milicia, Gary LeBlanc, George Bliss, Shirl Mederlet, Lyndee Walker, Linda Sample, Susan Bathon, Maureen Meneghetti, W. David Beal, Zila Koswener, Pamela Walchli, Raymond Paolini, Jr., and Jackie Steffes) sue for all people who have similar claims. Together, these people are called a “Settlement Class” or “Class Members.” One court resolves the legal issues for all Class Members, except for those who exclude themselves from the Settlement Class.
Top - Why is there a Settlement?
The Court did not decide which side was right or whether the Class Dishwashers are defective. Instead, both sides agreed to a Settlement to avoid the costs and risks of further litigation and provide benefits to Class Members. The Settlement does not mean that a Court found that Defendants broke any laws or did anything wrong. The Class Representatives and the lawyers representing them (called “Class Counsel”) believe that the Settlement is in the best interests of all Class Members.
Top - Who is included in the Settlement?
The Settlement Class includes all residents in the United States and its territories who either: (a) purchased a new Class Dishwasher; (b) acquired a Class Dishwasher as part of the purchase or remodel of a home; or (c), received as a gift a new Class Dishwasher manufactured between October 2000 and January 2006. The Settlement Class consists of two subclasses, the “Past Overheating Subclass” and the “Future Overheating Subclass.” The Past Overheating Subclass includes Settlement Class Members who experienced an Overheating Event within 12 years after the purchase date of their Class Dishwasher, but before February 4, 2016. The Future Overheating Subclass includes Settlement Class Members who, within 10 years after the purchase date of their Class Dishwasher or within 2 years after February 4, 2016, whichever is later, experience an Overheating Event.
In addition, as part of the settlement Whirlpool has also agreed to provide benefits to owners of certain other Whirlpoolmanufactured dishwashers that are not Class Dishwashers if they have experienced, or will in the future experience, an Overheating Event. A list of the model and serial numbers of those other dishwashers is posted on the settlement website, at www.DishwasherSettlement.com. If you owned one of these dishwashers and experienced an Overheating Event within 10 years or purchase, or within 2 years of the date of this Notice, whichever is later, you may be eligible to receive full reimbursement of costs incurred to repair or up to $300 if you replaced the dishwasher, or to a cash payment of $100 or a 30% rebate off the price of a new Whirlpool-manufactured dishwasher. If you experience an Overheating Event in one of these non-Class dishwashers, please contact Whirlpool at 1-888-730-9962. Additional information about the compensation available is also provided in Question and Answer 35.
Top - How do I know if I am a Class Member?
To determine if you are a Class Member, you need to verify that your Class Dishwasher model number and serial number is included in the Settlement. Using the model number and serial number, you verify whether you are included by comparing your information to a list of qualifying Class Dishwashers that has been provided at the Settlement Administrator’s website, www.DishwasherSettlement.com.
Top - Who isn’t included in the Settlement Class?
The following are not included in the Settlement Class: (1) officers, directors, and employees of Defendants and their parents and subsidiaries; (2) insurers of Settlement Class Members; and (3) subrogees (someone who has assumed the rights of another person) or all entities that claim to be subrogated to the rights of a Dishwasher purchaser, a Dishwasher owner, or a Settlement Class Member.
Top - What benefits does the Settlement provide?
The Settlement provides cash rebates, reimbursement for Class Dishwasher repairs or replacements due to an Overheating Event, cash payments for Future Overheating Events, and replacement part box stickers that advise Whirlpool- and Searsauthorized Service Technicians and Class Members that customer benefits are available upon verification that an Overheating Event has occurred, and that the Service Technician should contact Whirlpool for authorization.
In addition, Whirlpool has agreed to provide these same benefits to owners of certain other Whirlpool-manufactured dishwashers—dishwashers that are not Class Dishwashers and therefore not otherwise included in the Settlement—that have or will in the future experience an Overheating Event. A list of the model and serial numbers of these dishwashers is posted on the Settlement website, at www.DishwasherSettlement.com.
Top - Tell me more about the cash rebates.
Cash Rebates: All members of the Settlement Class are eligible to receive a cash rebate from Whirlpool upon purchase of a new KitchenAid-, Kenmore-, or Whirlpool-brand dishwasher. The rebate for the purchase of new Whirlpool- or Kenmore-brand dishwashers will be 10% off the retail purchase price (excluding sales taxes, delivery fees, and installation charges), unless you received a notice prequalifying you for an enhanced rebate of 15% based on your Class Dishwasher’s repair history (described below). The rebate for the purchase of new KitchenAid-brand dishwashers will be 15% off the retail purchase price (excluding sales taxes, delivery fees, and installation charges), unless you received a notice prequalifying you for an enhanced rebate of 20% based on your Class Dishwasher’s repair history (described below). Rebates may be used in addition to or incremental to any other sales promotion that Whirlpool, Sears, or any retailer or seller offers towards a new dishwasher. Each Class Member is entitled to one rebate for each Class Dishwasher purchased or owned. For example, if you bought two Class Dishwashers, you are eligible to receive two rebates. You do not need to still possess the dishwasher to receive the rebate.
Enhanced Rebate to Class Members Who Experienced Repair of a Thermal Cut-Out (“TCO”) Device: If you experienced a repair to the Thermal Cut-Out (“TCO”) device of your Class Dishwasher, you are entitled to an enhanced rebate of 15% off the retail purchase price (excluding sales taxes, delivery fees, and installation charges) of a new Whirlpool- or Kenmore-brand dishwasher or 20% off the retail purchase price (excluding sales taxes, delivery fees, and installation changes)\ of a new KitchenAid-brand dishwasher. Each Class Member is entitled to one rebate for each Class Dishwasher purchased that experienced a TCO repair regardless of the number of TCO repairs experienced.
Top - What are the deadlines to qualify for and receive a cash rebate?
To be eligible under the rebate program, you are required to register for the rebate program by June 27, 2016. You must mail your completed rebate form and proof of purchase to the Settlement Administrator or submit it online at Settlement Administrator’s website, www.DishwasherSettlement.com. Completed rebate forms and proof of purchase are due no later than 120 days after the Settlement Administrator sends you the rebate form. Thus, you will have at least eight months to make an eligible purchase and submit the rebate form to the Settlement Administrator.
Top - Tell me more about the reimbursements for an Overheating Event.
If your Class Dishwasher experienced an Overheating Event, you may be entitled to reimbursement for qualifying repairs or replacements. To qualify for a reimbursement, you must provide sufficient documentary proof (such as a Claim Form declaration, entries in Whirlpool’s or Sears’ databases, service tickets, service receipts, or service company records) that within 12 years after purchase: (a) your Class Dishwasher experienced an Overheating Event; and (b) you repaired or replaced the Class Dishwasher because of the Overheating Event. Prequalified Class Members (Class Members that received a notice with a pre-printed unique claim identification number that begins with the number “2”) do not need to submit documentation to support their claim.
- Reimbursement for Paid Qualifying Repairs: If you are a Prequalified Class Member, or if you provide sufficient
documentary proof that you actually paid some out-of-pocket cost for a Qualifying Repair (parts or labor), you will
be reimbursed for the amount that documentary proof shows you paid for parts and labor, up to the full cost of the Qualifying Repair. If you provide sufficient documentary proof of a paid repair, but the proof does not show the amount paid, you will receive $200.-
Reimbursement for Paid Qualifying Replacements: 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-built replacement dishwasher (e.g., a Whirlpool-, KitchenAid-, Kenmore-, or Maytagbrand dishwasher) and up to $200 for a non-Whirlpool replacement dishwasher.
Class Members who already received compensation or a voluntary benefit from Whirlpool or Sears will not receive a double payment; only previously unreimbursed expenses will be made.
Top - What is the deadline to submit a Claim Form for a Past Overheating Event?
You will have up to June 27, 2016, to submit a Claim Form for a Settlement payment for a past Overheating Event.
Top - Tell me more about the benefits available to Future Overheating Subclass Members.
If you are a member of the Settlement Class and you experience an Overheating Event within 10 years after purchase of your Class Dishwasher, or within 2 years after February 4, 2016, you should contact the Settlement Administrator to report the Overheating Event. You will be eligible to receive either a $100 cash payment or a 30% rebate off the purchase price of your choice of a new KitchenAid-, Kenmore-, or Whirlpool-brand dishwasher. To receive a cash payment as a Future Overheating Subclass Member, you will be required to sign a short release form.
Top - What is the deadline to submit a Claim Form for a Future Overheating Event?
All claims for future Overheating Events must be submitted within 120 days after the Overheating Event has occurred, and the Overheating Event must itself occur by no later than February 4, 2018.
Top - Tell me more about the Sticker Program.
In addition to the compensation listed above, Whirlpool will affix a sticker to the individual parts boxes containing replacement service parts for Rushmore and Rush electronic control boards. The sticker will advise Whirlpool- and Sears-authorized Service Technicians and Class Members who have experienced an Overheating Event that they may be entitled to a customer benefit upon verification that an Overheating Event has occurred, and that the Service Technician should contact Whirlpool in that regard for authorization.
Top - How many benefits can I receive?
If you qualify, you may receive a benefit for each Class Dishwasher that you purchased or received. You must submit a separate Claim Form for each Class Dishwasher. If you bought one Class Dishwasher and experienced an Overheating Event, you are entitled to make a claim for both a cash rebate off the purchase of a new dishwasher and a cash reimbursement payment for a Qualifying Repair or Qualifying Replacement.
Top - How do I get a cash rebate or other benefit to which I may be entitled?
You must complete and submit a Claim Form by June 27, 2016 either online or via U.S. Mail. Claim Forms are available for download and submission at www.DishwasherSettlement.com. They also are available by contacting the Settlement Administrator at 1-888-730-9962 or [email protected] or by writing a letter to: Dishwasher Settlement Claims Administrator, P.O. Box 43394, Providence, RI 02940-3394.
Top - I had an Overheating Event in my Class Dishwasher, how do I get cash reimbursement?
You must complete and submit a Claim Form, including requested documentation, by June 27, 2016 either online or via U.S. Mail. Claim Forms are available for download and submission at www.DishwasherSettlement.com, by calling 1-888-730-9962, or writing to [email protected] or to: Dishwasher Settlement Claims Administrator, P.O. Box 43394, Providence, RI 02940-3394.
Top - How do I get cash reimbursement if my Class Dishwasher experiences an Overheating Event in the future?
If you have a Class Dishwasher Overheating Event in the future, you must complete and submit a Claim Form online or via U.S. Mail within 120 days after your Dishwasher overheated and no later than June 4, 2018. Claim Forms are available for download and submission at www.DishwasherSettlement.com, by calling 1-888-730-9962, or writing to [email protected] or to: Dishwasher Settlement Claims Administrator, P.O. Box 43394, Providence, RI 02940-3394.
Top - What rights am I giving up by getting benefits and staying in the Settlement Class?
Unless you exclude yourself, you are staying in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. Generally, that means you won’t be able to sue, continue to sue, or be part of any other lawsuit against Defendants or other released parties (“Releasees”) for the legal issues and claims resolved by this Settlement. Personal injury claims or claims for damage to property other than to the Dishwasher itself are not affected or released by this Settlement. The specific rights you are giving up are called Released Claims (see Question 22).
Top - What are the Released Claims?
The claims that you are releasing, the “Released Claims,” are all claims for economic loss relating to the use and performance of the Class Dishwashers, including all claims for diminution-in-value, benefit-of-the-bargain, cost-of-repair, cost-ofreplacement, or premium-price damages, arising out of the Settlement Class Members’ purchases or uses of the Class Dishwashers. The released parties, also called “the Releasees,” are Defendants, together with their respective predecessors and successors in interest, parents, subsidiaries, affiliates, and assigns; (b) each of their respective past, present, and future officers,
directors, agents, representatives, servants, employees, attorneys, and insurers; and (c) all distributors, retailers, and other entities who were or are in the chain of design, testing, manufacture, assembly, distribution, marketing, sale, installation, or servicing of the Class Dishwashers. The Settlement is expressly intended to cover and include all such claims, actions, and causes of action for economic losses or damages (including, but not limited to, claims for diminution-in-value, benefit-of-thebargain, cost-of-repair, cost-of-replacement, or premium-price damages), dealing whatsoever with the Class Dishwashers. However, the Released Claims do not include any claims for property damage or personal injury.The complete Settlement Agreement describes the Released Claims in necessary legal terminology. Please read it carefully. A copy of the Settlement Agreement is available at www.DishwasherSettlement.com. You can talk to one of the lawyers listed below for free or you can, of course, talk to your own lawyer at your own expense if you have questions about the Released Claims or what they mean.
Top - Do I have a lawyer in this case?
Yes. The Court appointed Charles S. Fax of Rifkin, Weiner, Livingston, Levitan & Silver LLC, and Steven A. Schwartz and Tim Mathews of Chimicles & Tikellis LLP as Co-Lead Counsel, and Jeffrey M. Cohen of Cohon & Pollak, LLP; Robert S. Kitchenoff of Weinstein Kitchenoff & Asher LLC; and Nicole Sugnet of Lieff Cabraser Heimann & Bernstein, LLP as Class Counsel, to represent you and other Class Members. Together these lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Top - How will these lawyers be paid?
Class Counsel will ask the Court to award them up to $19 million for attorneys’ fees, plus reimbursement of the litigation expenses and costs they incurred. They will also ask for a service award of $4,000 to be paid to each Class Representative. If approved, Whirlpool will separately pay these fees, costs, expenses, and service awards. These amounts will not reduce the amount of benefits available to Class Members. In addition, Defendants also have agreed to pay the Settlement Administrator’s expenses, including the costs of mailing the Settlement Notices and distributing any payments owed to Settlement Class Members as part of the Settlement.
As part of the Settlement, Whirlpool has agreed to purchase two websites owned by Plaintiff Steve Chambers for the sum of $100,000. This purchase payment will be made separately by Whirlpool and will not reduce the amount of benefits available to the Settlement Class.
Top - How do I get out of the Settlement?
To exclude yourself from the Settlement, you must complete and send to the Settlement Administrator an Opt-Out Form available at www.DishwasherSettlement.com or a letter stating: “I want to be excluded from the Settlement Class in Chambers et al. v. Whirlpool, et al., Case No. 8:11-cv-01733.” Your Opt-Out Form or letter must include your full name, current address, your signature, and the date you signed it. To be valid, your Opt-Out Form or request for exclusion must be sent to the Settlement Administrator at the address below with a postmark no later than May 27, 2016.
Dishwasher Settlement Claims Administrator
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P.O. Box 43394
Providence, RI 02940-3394 - If I exclude myself, can I still get benefits from this Settlement?
No. If you exclude yourself, you are telling the Court that you don’t want to be part of the Settlement Class in this Settlement. You can only get Settlement benefits if you stay in the Settlement Class and submit a valid Claim Form for benefits as described above.
Top - If I don’t exclude myself, can I sue Defendants for the same claims later?
No. Unless you exclude yourself, you are giving up the right to sue Defendants for the claims that this Settlement resolves and releases (see Question 22). You must exclude yourself from this Settlement Class to start or continue with your own lawsuit or be part of any other lawsuit.
Top - How do I tell the Court if I don’t like the Settlement?
If you do not exclude yourself from the Settlement, you may object to it. You can give reasons why you think the Court should not approve it. The Court will consider your views before making a decision. To do so, you or your attorney must file with the Court a written objection and supporting papers. Your objection must contain: (1) the name of this lawsuit (Chambers et al. v. Whirlpool Corp. et al., Case No. 8:11-cv-01733); (2) your full name and current address; (3) whether, on the date of your written objection, you bought or currently own a KitchenAid-, Kenmore-, or Whirlpool-brand Dishwasher manufactured between October 2000 and January 2006; (4) the serial number and model number of your Dishwasher; (5) the specific reasons for your objection; (6) any evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection; (7) your signature; (8) the date of your signature;
and (9) if you plan to appear and speak at the Fairness Hearing, on your own or through your own lawyer, a statement indicating that it is your “Notice of Intent to Appear” at the Fairness Hearing.You must mail your written objection to, or file it with, the Court at the following address:
COURT
Clerk of the Court
United States Courthouse
312 North Spring Street
Los Angeles, CA 90012-4701Your written objection must be mailed with a postmark no later than May 27, 2016 or filed with the Court on or before May 27, 2016.
Top - What is the difference between objecting and asking to be excluded from the Settlement?
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class (do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Fairness Hearing on August 25, 2016 at 10:00 a.m., at the U.S. District Court for the Central District of California, located at the United States Courthouse, 312 North Spring Street, Courtroom 22, Los Angeles, California 90012-4701, to consider whether the Settlement is fair, adequate, and reasonable, and whether it should be finally approved. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing (see Question 28). The Court may also decide the amount of fees, costs and expenses to award Class Counsel and the payment amount to the Class Representatives. This hearing may be continued or rescheduled by the Court without further notice to the Settlement Class.
Top - Do I have to come to the hearing?
No. Class Counsel is working on your behalf and will answer any questions the Court may have about the Settlement. But, you are welcome to come at your own expense. If you file an objection to the Settlement, you don’t have to come to Court to talk about it. As long as you filed your written objection on time, signed it and provided all of the required information (see Question 21) the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
Top - May I speak at the hearing?
Yes. You may ask the Court to speak at the Fairness Hearing. To do so, you must file a written request with the Court saying that it is your “Notice of Intent to Appear at the Fairness Hearing in Chambers et al. v. Whirlpool Corp. et al.” You must include your name, address, telephone number, and signature. If you plan to have your own attorney speak for you at the hearing, you must also include the name, address and telephone number of the attorney who will appear. Your written request must be filed with the Court by May 27, 2016.
Top - What happens if I don’t do anything?
If you do nothing, you won’t get any benefits from this Settlement. If the Court approves the Settlement, you will be bound by its terms, and you will give up your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Releasees about the legal issues or claims resolved and released by this Settlement.
Top - What if I feel like I need more information about what I should or should not do?
This Notice summarizes the Settlement. More details are in the Settlement Agreement, available at
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www.DishwasherSettlement.com. If you have questions you may contact the Settlement Administrator at Dishwasher Settlement Claims Administrator, P.O. Box 43394, Providence, RI 02940-3394, [email protected], or 1-888-730-9962, or visit Class Counsel’s websites. If you wish to communicate directly with Class Counsel, you may contact them at the address or phone number listed on their website. - What compensation is available to owners of Whirlpool-manufactured dishwashers that are not Class Dishwashers but who experienced, or will in the future experience, control board Overheating Events?
As part of the settlement Whirlpool has also agreed to provide benefits to owners of certain other Whirlpool-manufactured dishwashers who have experienced, or who will in the future experience, an Overheating Event. A list of those other dishwasher model and serial numbers is posted on the settlement website, at www.DishwasherSettlement.com.
Benefits For Past Overheating Events
If your dishwasher experienced an Overheating Event (damage to the ECB causing it to overheat, ignite, or emit smoke, sparks, or fumes and stop working) in the past within 12 years of purchase of the dishwasher, you may be entitled to reimbursement for amounts you paid to repair or replace the dishwasher. To qualify for any compensation described in this section, you must provide sufficient documentary proof that within 12 years after purchase: (a) your Class Dishwasher experienced an Overheating Event, and (b) that you repaired or replaced the Class Dishwasher because of the Overheating Event. Sufficient documentary proof that you experienced an Overheating Event includes a Claim Form declaration that you experienced an Overheating Event within 12 years after purchase of your Class Dishwasher. Sufficient documentary proof that you repaired or replaced your Class Dishwasher due to an Overheating Event includes entries in Whirlpool’s or Sears’ databases, service tickets, service receipts, or service company records. Prequalified Class Members need not submit documentation supporting a claim. You are prequalified if you received a notice with a pre-printed unique claim identification number that begins with the number “2”.
Reimbursement for Paid Qualifying Repairs: If you received a Postcard Notice informing you that you are a Prequalified Owner, or if you provide sufficient documentary proof that you actually paid some out-of-pocket cost for a Qualifying Repair, you will be reimbursed for the amount that documentary proof shows you paid for parts and labor, up to the full cost of the Qualifying Repair. If you provide sufficient documentary proof of a paid repair, but the proof does not show the amount paid, you will receive $200.
Reimbursement for Paid Qualifying Replacements: 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-built replacement dishwasher (e.g., a Whirlpool-, KitchenAid-, Kenmore-, or Maytag-brand dishwasher) and up to $200 for a non-Whirlpool replacement dishwasher.
Dishwasher owners who already received compensation or received a voluntary benefit from Whirlpool or Sears will not receive double payment; only previously unreimbursed expenses will be reimbursed.
Deadline to Submit Claim Forms for Reimbursement for a Past Overheating Event: You will have up to June 27, 2016, to submit a Claim Form for a settlement payment for a past Overheating Event.
Compensation for Future Overheating Events: If your dishwasher experiences an Overheating Event within 10 years after purchase of your Class Dishwasher, or within 2 years after February 4, 2016, you should contact the Settlement Administrator at 1-888-730-9962 to report the Overheating Event. You will be eligible to receive a 30% rebate off the purchase price of a new KitchenAid-, Kenmore-, or Whirlpool-brand dishwasher, at your option. If your dishwasher experiences an Overheating Event within 2 years after February 4, 2016, and it is also less than 10 years old, you may choose to receive $100 cash in lieu of the 30% rebate. To receive a cash payment for a future Overheating Event, you will be required to sign a short release form.
Deadline to Submit a Claim for Future Overheating Events: All claims for future Overheating Events must be submitted within 120 days after the Overheating Event has occurred, and the Overheating Event must itself occur by no later than February 4, 2018.
DO NOT WRITE OR CALL THE COURT, WHIRLPOOL, SEARS, OR ANY APPLIANCE RETAILER, DEALER, OR AGENT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.
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