1. Why did I receive a notice?

    If you received a Notice in the mail or by email, Whirlpool’s records indicate that you may have purchased or acquired a particular model of KitchenAid-brand dishwasher manufactured by Whirlpool between October 2010 and June 14, 2019. These specific dishwashers are referred to as the “Class Dishwashers” throughout the Notice and this website.

    To view a copy of the Notice, click here.

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  2. What is the lawsuit about?

    Plaintiffs claim that the Class Dishwashers are defective, in that the axles on the wheels of the upper dish rack adjusters break, and the upper dish rack may become unusable. Plaintiffs further claim that Whirlpool breached warranties in connection with the manufacture and sale of the Class Dishwashers.

    Whirlpool denies these allegations and all claims in the lawsuit and maintains that the dishwashers were, at all relevant times, fit for the purpose for which they were made and not defective. Whirlpool also denies that it violated any law or engaged in any wrongdoing and asserts numerous defenses to Plaintiffs’ allegations.

    The Settlement does not include personal injury or property damage claims other than damages made to the Class Dishwasher itself. The Settlement does not release any of these claims.

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  3. Why is this a class action?

    In a class action, one or more people called “Class Representatives” (in this case, Warren Burch, James Bodley, Kyle Matson, and Ronald McCallum) sue for all people who have similar claims. Together, these people are called a “Settlement Class” or “Settlement Class Members.” One court resolves the legal issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

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  4. Why is there a settlement?

    The Court did not decide which side was right or whether the Class Dishwashers were defective. Instead, both sides agreed to a Settlement to avoid the costs and risks of further litigation and provide benefits to Settlement Class Members. The Settlement does not mean that a Court found that Whirlpool 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 Settlement Class Members.

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  5. Who is included in the Settlement?

    The Settlement Class includes all persons in the United States or its territories who:

    1. Purchased a new Class Dishwasher;
    2. Acquired a Class Dishwasher as part of the purchase of a home, residence, or structure; or
    3. Received as a gift, from a donor meeting the requirements of either subsection (a) or subsection (b), a new Class Dishwasher, not used by the donor or by anyone else after the donor purchased the Class Dishwasher and before the donor gifted the Class Dishwasher.
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  6. How do I know if I am a Settlement Class Member?

    To determine if you are a Settlement Class Member, you need to verify that your Class Dishwasher model number is included in the Settlement. The model numbers included in the Settlement are listed here. The model number and serial number should be on the left edge of the dishwasher’s door.

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  7. Who isn’t included in the Settlement Class?

    The following are not included in the Settlement Class:

    1. Officers, directors, and employees of Whirlpool or its parents, subsidiaries, or affiliates;
    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 Class Dishwasher purchaser, a Class Dishwasher owner, or a Settlement Class Member.
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  8. What benefits does the Settlement provide?

    During the Future Relief benefits phase of the Settlement, Class Members may be entitled to a free stainless steel upper dishrack adjuster, rebates ranging from 10% to 30% on the purchase price of certain new KitchenAid-brand appliances, or $15.

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  9. What benefits are available if I repaired my upper rack adjuster with another plastic upper rack adjuster?

    All Settlement Class Members who currently own their Class Dishwashers, and whose Class Dishwashers still contain a plastic upper dishrack adjuster, as opposed to a stainless steel upper dishrack adjuster, may be entitled to claim one of the following benefits between June 15, 2020, and June 15, 2021:

    1. a free stainless steel replacement upper rack adjuster;
    2. a 30% rebate on the future purchase of a KitchenAid brand stand mixer;
    3. a 10% rebate on the future purchase of a KitchenAid brand blender; or
    4. $15 by submitting a claim for Future Relief.
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  10. What benefits are available if I repaired my upper rack adjuster with a stainless steel upper rack adjuster?

    Such Class Members are not entitled to Future Relief benefits.

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  11. What benefits are available if I’ve never had to repair my upper rack adjuster?

    All Settlement Class Members who have never had to repair their upper rack adjuster, who still own their Class Dishwasher, and who did not receive a free stainless steel replacement upper rack adjuster through Whirlpool's Special Project are eligible to choose one of the following benefits between June 15, 2020, and June 15, 2021:

    1. a free stainless steel replacement upper rack adjuster;
    2. a 30% rebate on the future purchase of a KitchenAid brand stand mixer;
    3. a 10% rebate on the future purchase of a KitchenAid brand blender; or
    4. $15 by submitting a claim for Future Relief.
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  12. Can I get more information about the rebates?

    In order to be eligible for a rebate, Settlement Class Members must submit their Future Relief Claim Form online or postmarked no later than June 15, 2021. All rebates available to Class Members are valid for one (1) year and are transferrable and stackable.

    Settlement Class Members shall be required to mail or email to the Settlement Administrator their completed rebate form and proof of purchase no later than twelve (12) months after the Settlement Administrator mails or emails the rebate form to the Settlement Class Member.

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  13. How many benefits can I receive?

    Most Settlement Class Members will be entitled to one benefit, not multiple benefits. Those Settlement Class Members who paid for a repair to their plastic upper rack adjuster with a new plastic upper rack adjuster may receive the benefit they selected on their initial Claim Form submitted before October 27, 2019, and make a claim for an additional benefit if they still own their Class Dishwasher. A Settlement Class Member who owns multiple Class Dishwashers may make a claim for each Class Dishwasher.

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  14. How do I get a benefit to which I may be entitled?

    You must complete and submit a Future Relief Claim Form by June 15, 2021, either online or via U.S. Mail.

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  15. 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-of-replacement, or premium-price damages, arising out of the Class Members’ purchases or uses of the Class Dishwashers and relating to the upper rack adjusters. The released parties, also called “the Releasees,” are (a) Whirlpool, together with its respective predecessors and successors in interest, parents, subsidiaries, affiliates, and assigns; (b) each of its 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-the-bargain, cost-of-repair, cost-of-replacement, or premium-price damages), dealing whatsoever with the upper rack adjusters of 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 here. You can talk to one of the lawyers listed in FAQ 16 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.

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  16. Do I have a lawyer in this case?

    Yes. The Court appointed R. Brent Irby of McCallum, Hoagland & Irby LLP; Edward Wallace of Wexler Wallace LLP; and Nathan Carpenter and Rebecca Bell-Stanton of Carpenter & Schumacher, P.C., as Class Counsel, to represent you and other Settlement 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.

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  17. How will these lawyers be paid?

    Lead Class Counsel R. Brent Irby and Edward Wallace were awarded $743,000 by the Court for attorney fees and reimbursement of the litigation expenses they incurred. Class Counsel Nathan Carpenter and Rebecca Bell-Stanton were separately awarded $400,000 for attorney fees and reimbursement of the litigation expenses they incurred. The Court granted Service Awards of $2,500 to be paid to each Class Representative. Whirlpool will separately pay these fees, costs, expenses, and Service Awards. These amounts will not reduce the amount of benefits available to Settlement Class Members. In addition, Whirlpool also has 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.

    The Settlement received final approval on October 16, 2019.

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  18. How do I get out of the Settlement?

    The deadline to exclude yourself from the Settlement was July 29, 2019.

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  19. What happens if I don’t do anything?

    If you do nothing, you won’t get any benefits from this Settlement.

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  20. What if I feel like I need more information about what I should or should not do?

    This website and the Notice summarize the Settlement. More details are available in the Settlement Agreement and other court documents, all available here. If you have questions, you may contact the Settlement Administrator at Burch v. Whirlpool Corp. Settlement Administrator P.O. Box 4655, Portland, OR 97208-4655, info@dishwasherclassaction.com, or 1-888-724-0245, 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.

    DO NOT WRITE OR CALL THE COURT, WHIRLPOOL, OR ANY APPLIANCE RETAILER, DEALER, OR AGENT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.

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