class members

Whirlpool Washing Machine Mould 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

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
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
January 2001 – June 2004
February 2001 – December 2003
April 2001 – July 2004
June 2001 – May 2003
March 2002 – June 2004
October 2002 – September 2004
May 2003 – September 2006
May 2003 – October 2006
July 2003 – June 2004
August 2003 – July 2004
January 2004 – September 2006
January 2004 – July 2006
January 2004 – May 2004
January 2004 – July 2006
June 2004 – October 2006
July 2004 – May 2006
June 2005 – June 2006
August 2005 – October 2010
January 2006 – November 2009
January 2006 – October 2008
April 2006 – November 2009
April 2006 – October 2009
April 2006 – April 2009
August 2006 – August 2009
October 2006 – March 2009
March 2007 – June 2007
June 2007 – November 2008

(c) Whirlpool-manufactured Maytag Front-Loading Washing Machines of the following model numbers and manufacture dates:
Model No.
Manufacture Dates
March 2006 – June 2008
March 2006 – June 2008
January 2007 – June 2008
January 2007 – February 2010
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.

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Whirlpool Washing Machine Mould Class Action
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