If You Live in Ohio and Bought a Whirlpool Duet or Duet Sport Front-Loading Washer in Ohio

Transcription

1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO If You Live in Ohio and Bought a Whirlpool Duet or Duet Sport Front-Loading Washer in Ohio You Could Be Included in a Class Action Lawsuit. A court authorized this notice. You are not being sued. You could be affected by a class action lawsuit against Whirlpool involving Whirlpool Duet, Duet HT, and Duet Sport Front-Loading Automatic Washers (the Washers ). The lawsuit is not about personal injuries, wrongful death, or emotional distress. A court has certified the lawsuit as a class action that includes current Ohio residents who bought a Washer in Ohio for their own personal, family, or household use, and not for resale. The Court has not decided that Whirlpool did anything wrong; rather, the case is currently scheduled to go to trial. There is no money available now, and whether any becomes available to anyone will depend on the outcome of this lawsuit. If the Class is successful at trial, you will need to present evidence that you have damages as a result of your purchase of your Washer to recover any money or other benefit from Whirlpool. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT Stay in this lawsuit. Await the outcome. Possibly share in benefits, if any become available. Give up certain rights. DO NOTHING By doing nothing, you keep the possibility of recovering money or other benefits that may result from a trial or settlement. But you give up any rights to sue Whirlpool on your own about the same legal claims in this lawsuit. Get out of this lawsuit. Get no benefits from it. Keep your rights. EXCLUDE YOURSELF If you ask to be excluded from the lawsuit, and if any money or benefits later become available, you won t be eligible to share in those. But you keep any rights to sue Whirlpool on your own about the same legal claims in this lawsuit. The Plaintiffs still must prove their claims against Whirlpool at a trial. Whirlpool denies that the Washers are defective and disputes Plaintiffs claims. If the Plaintiffs are successful, you will be notified about how to make a claim for money or benefits. Your options are explained in this notice. To ask to be excluded, you must act by January 7,

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION Page 3 1. Why was this notice issued? 2. What is this lawsuit about? 3. Why is this a class action? 4. Who is a member of the Class? 5. What should I do if I am still not sure whether I am included? 6. Who represents the Class? 7. How will the lawyers be paid? 8. What are the Plaintiffs asking for? 9. Is there any money available now? YOUR RIGHTS AND OPTIONS...Page What happens if I do nothing? 11. What if I don t want to be in the Class? A TRIAL...Page How and when will the Court decide who is right? 13. Will I get money after the trial? GETTING MORE INFORMATION...Page How do I get more information? 2

3 BASIC INFORMATION 1. Why was this notice issued? This lawsuit has been certified as a Class Action. This means that the lawsuit meets the requirements for class actions and may proceed to trial. If you are included, you may have legal rights and options before the Court decides whether the claims being made against Whirlpool are correct. This notice explains all of these things. Judge James S. Gwin, of the United States District Court for the Northern District of Ohio, is currently overseeing this case. The case is known as Glazer v. Whirlpool Corp., No. 1:08-WP-65000, MDL The people who sued are called the Plaintiffs. Whirlpool Corporation ( Whirlpool ) is the Defendant. 2. What is this lawsuit about? This is not about personal injuries, wrongful death, or emotional distress. The lawsuit claims that the Washers have a design defect that causes the machines to accumulate mold, resulting in unpleasant odors and ruined laundry. The lawsuit further claims that Whirlpool knew about this design defect and failed to inform customers before they bought their machines. Whirlpool denies Plaintiffs claims and asserts that the Washers are not defective and that the problems alleged by the two named Plaintiffs were caused by their own failure to follow Whirlpool s use and care instructions. The Court has not decided whether Plaintiffs or Whirlpool is right. The lawyers for Plaintiffs will have to prove their claims in Court. 3. Why is this a class action? In a class action one or more people called Class Representatives (in this case, Gina Glazer and Trina Allison) sue on behalf of a group of people who have similar legal claims. This group of people is called the Class, and the people in the Class are called Class Members. One court resolves one or more of the issues in this case for all Class Members, except for those who exclude themselves from the Class. 4. Who is a member of the Class? You are included in the Class if you: Currently live in Ohio, Bought a Whirlpool Duet, Duet HT, or Duet Sport Front-Loading Automatic Washer in Ohio, and Bought the Whirlpool Washer primarily for personal, family, or household purposes. Resellers and distributors of Washers as well as government entities are not included in this lawsuit. Additionally, Washers that were bought through Whirlpool s Employee Purchase Program are not included. 3

4 5. What should I do if I am still not sure whether I am included? If you are still not sure whether you are included in the Class, you can ask for free help. You can call Class Counsel, Jonathan Selbin of Lieff Cabraser Heimann & Bernstein, at (212) for more information. 6. Who represents the Class? The Court has appointed the law firm of Lieff Cabraser Heimann & Bernstein as lead class counsel ( Class Counsel ). Class Counsel will represent you if you remain a member of the Class (see Question 10). You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense. 7. How will the lawyers be paid? You do not have to pay Class Counsel. Class Counsel will seek an award of fees and costs from the Court, to be paid separately by Whirlpool or out of the recoveries made by Class Members, if any. 8. What are the Plaintiffs asking for? Plaintiffs are asking for money or other benefits. They are also asking for attorneys fees and costs, plus interest. 9. Is there any money available now? No money or benefits are available now because the Court has not yet decided whether Whirlpool did anything wrong, and the two sides have not settled the case. If the Class is successful at trial, you will need to present evidence that you have damages as a result of your purchase of your Washer to recover any money or other benefit from Whirlpool. This evidence could include: Proof of Washer purchase, Receipts showing you replaced your Washer, rented another washing machine, or used laundromat services, Communications between Whirlpool and you regarding your Washer, and Any other records that reflect expenses or damages you believe you had as a result of your Washer purchase and for which you have not been compensated by Whirlpool. There is no guarantee that money or benefits will ever be obtained. YOUR RIGHTS AND OPTIONS If you are a member of the Class, you have a choice whether to remain a member of the Class and be represented by the Class Representatives and by Class Counsel or to exclude yourself. Either choice will have its consequences, which you should understand before making your decision. 4

5 10. What happens if I do nothing? If you do nothing you will automatically remain in the Class. You will be legally bound by all Court orders (including any judgment entered for or against the Class or any future settlement) which means you won t be able to sue, or continue to sue, Whirlpool about the legal claims in this case. In any event, you will be notified of any proposed settlement or the result of any trial or dismissal of any claims in the lawsuit. 11. What if I don t want to be in the Class? If you decide not to participate in the lawsuit, you must exclude yourself from the Class. If you exclude yourself, you may choose to take no further action regarding your Washer or you may file an individual claim against Whirlpool in a separate proceeding, but you will not receive any benefit that may result from this lawsuit. You will not be bound by any Court orders and you keep your right to sue Whirlpool on your own regarding the issues in this case. If you want to be excluded from the Class, you must follow this procedure: (A) (B) Complete the enclosed Exclusion Form Send the Exclusion Form by First Class U.S. Mail, postage paid, to Class Counsel at the following address: Ohio Whirlpool Exclusions P.O. Box 2838 Faribault, MN (C) Mail your Request no later than January 7, You also can exclude yourself online or get an Exclusion Form at You must submit your online request for exclusion by January 7, 2013, or mail it by that date to the address above. 12. When and where will the trial take place? A TRIAL If the case is not dismissed or settled, Plaintiffs will have to prove their claims at a trial that will take place at the Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio During the trial, a jury will hear all of the evidence, so that a decision can be reached about whether the Plaintiffs or Whirlpool are right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win at trial. 5

6 13. Will I get money after the trial? There is no way to know at this time. If you do not exclude yourself from the Class, and if the Plaintiffs win at trial, you will need to prove that you have damages as result of your purchase of your Washer to recover any money or other benefit from Whirlpool. If the Plaintiffs win at trial you will be notified about how and when to make your individual claim for money damages or other benefit and what your other options are at that time. If Whirlpool wins at trial, you will not be able to make an individual claim for money damages or other benefits. Important information about the case will be posted on the website, as it becomes available. 13. How do I get more information? GETTING MORE INFORMATION If you have any questions concerning the matters contained in this notice, you can get more information at by calling toll free at , or writing to Ohio Whirlpool Class Action, PO Box 2838, Faribault, MN If you think you may be a member of the Class and did not receive this notice by mail, please register at the website or contact Class Counsel to provide a current address. PLEASE DO NOT CONTACT THE COURT, WHIRLPOOL, OR ANY APPLIANCE RETAILER OR DEALER FOR INFORMATION ABOUT THIS LAWSUIT. Dated: October 22, 2012 The Honorable James S. Gwin United States District Court Judge 6

7 EXCLUSION REQUEST FORM I want to be excluded from Glazer v. Whirlpool Corporation. I understand that if I exclude myself, I will not be able to get any money or benefits if any become available from this case, however, I will not be bound by any Court orders, and I will keep any rights I have to sue Whirlpool on my own behalf about the claims in this case. Name Address City State Zip Telephone Signed Date If you want to be excluded, mail this form, postmarked by January 7, 2013, to: Ohio Whirlpool Exclusions P.O. Box 2838 Faribault, MN DON T MAIL THIS FORM IF YOU WANT TO STAY IN THE CLASS.