Wendy Grasso and Nicholas Grasso, on behalf of
themselves and all others similarly situated v.
Electrolux Home Products, Inc.

Case No. 8:16-cv-00911 (M.D. Fla.)

Frequently Asked Questions

  1. Basic Information

  2. Why was the Notice issued?

    A federal court authorized the Notice because you have a right to know about the proposed Settlement and about all of your options before it decides whether to approve the Settlement. The Notice explains the lawsuits, the Settlement, your legal rights, what benefits are available, and who may qualify for them.

    Judge Charlene Edwards Honeywell of the United States District Court, Middle District of Florida, Tampa Division is overseeing the Settlement. The case is known as Wendy Grasso and Nicholas Grasso, on behalf of themselves and all others similarly situated v. Electrolux Home Products, Inc., No. 8:16-cv-00911. The people who sued are called the “Plaintiffs” and the company they sued, Electrolux Home Products, Inc. (“Electrolux”) is called the “Defendant.”

  3. Why did I receive the Notice?

    If you received a notice by mail or email, the Defendant’s records indicate you may have purchased during the period from January 1, 2004 through December 31, 2011 a new and previously unused high-efficiency front-load washing machine manufactured by Electrolux (including 3.1, 3.5, and 4+ platforms) and sold under the Electrolux, Frigidaire, Crosley, White-Westinghouse, or Kenmore brand names. These specific washing machines are referred to as the “Class Washers” throughout the Notice.

  4. What are the lawsuits about?

    The lawsuits claim that the Class Washers fail to self-clean and tend to accumulate bacteria and mold, resulting in mold, mildew and Odor Issues and damaged garments and other fabrics. The lawsuits further claim that the defendant breached warranties, was negligent, and violated various state consumer protection statutes in connection with the manufacture and sale of the Class Washers.

    Defendant denies there is any defect in the Class Washers. Defendant also denies it violated any law or engaged in any wrongdoing. The Settlement is not an admission of any liability.

    The Settlement does not include personal injury claims and does not release any of these claims.

  5. Why is this a class action?

    In a class action, one or more people called “Class Representatives” 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.

  6. Why is there a Settlement?

    The Court did not decide which side was right or whether the Class Washers 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 Defendant 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.

  7. The Settlement Class — Who is Included

  8. Who is included in the Settlement?

    The Settlement Class includes all persons who, in the United States and its territories, from January 1, 2004 through December 31, 2011: (a) purchased a new Class Washer; (b) acquired a Class Washer as part of the purchase or remodel of a home; or (c) received a new Class Washer as a gift.

  9. How do I know if I am a Class Member?

    To determine if you are a Class Member, you must meet the definition of the Settlement Class and have purchased, acquired, or received a new Class Washer during the Class Period. To view a list of qualifying Class Washers please click here. You will need to provide documentary proof verifying that you own a Class Washer.

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

    The following are not included in the Settlement Class: (1) officers, directors, and employees of Defendant and its parents and subsidiaries; (2) insurers of Class Members; (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 Washer purchaser, a Class Washer owner, or a Class Member; (4) people who previously released their claims against Electrolux, (5) all third-party issuers or providers of extended warranties or service contracts for the Class Washers, and (6) the Court overseeing the settlement and the Court’s immediate family.

  11. The Settlement Benefits — What you get if you Qualify

  12. What benefits does the Settlement provide?

    The Settlement provides several different benefits from which Class Members may be eligible to choose only one: (1) a $50 cash payment, or (2) a cash rebate of either 20% or 5% off the retail purchase price of an Electrolux-manufactured appliance on the Appliance Options List, available by clicking here, or (3) reimbursement of up to $500 for out-of-pocket expenses for Class Washer repairs or replacements due to a persistent (more than once) mold, mildew and/or Odor Issues, including up to $150 for damaged garments or fabrics due to the mold, mildew or Odor Issue in the Class Washer. All reimbursements in total cannot exceed $500 and no damaged garment or fabric material claim may exceed $150 within the $500 total reimbursement limit. Qualified class members may receive one benefit for each Class Washer they purchased or acquired.

  13. Tell me more about the $50 cash payments.

    Class Members who experienced a mold, mildew or Odor Issue with their Class Washer within five years of purchase may be eligible to receive a cash payment of $50. Class Members who previously received compensation or a voluntary benefit from Electrolux will have their $50 payment reduced by the amount of that compensation or benefit.

    Certain Class Members identified in Electrolux’s records (called “Pre-qualified Class Members”) are pre-qualified to receive a $50 cash payment. To claim that payment, Pre-qualified Class Members must submit a Claim Form electing that benefit option, confirm their names and contact information, check several eligibility boxes on the Claim Form, and sign the Claim Form attesting the statements it contains are true and correct. If you received a notice of the Settlement by U.S. Mail or e-mail that contains a pre-printed claim identification number beginning with a [“2”], then you are a Pre-qualified Class Member.

    Class Members who are not pre-qualified (called “Non-Pre-qualified Class Members”) may also be eligible to receive a $50 cash payment. To receive that payment, Non-Pre-qualified Class Members must submit a Claim Form electing that benefit option, provide their Washer model and serial number (or alternate proof of purchase or ownership of a Class Washer), provide their names and contact information, check several eligibility boxes, and sign a statement under oath attesting that they experienced a mold, mildew and/or Odor Issue inside their Class Washer within five years of purchase. If you received a mailed or e-mailed notice with a claim identification number that begins with a [“1”], then you are a Non-Pre-qualified Class Member.

    Class Members who did not experience a mold, mildew and/or Odor Issue within five years of purchase are ineligible to receive a $50 cash payment.

  14. What are the deadlines to qualify for and receive a $50 cash payment?

    o be eligible for a $50 cash payment, you must submit your properly completed Claim Form, selecting this Settlement benefit, by the claims deadline: April 19, 2018.

  15. Tell me more about the cash rebates.

    20% Cash Rebate: All Class Members who experienced a mold, mildew or Odor Issue inside their Class Washer within five years of purchase may be eligible to receive a cash rebate of 20% off the retail purchase price (excluding sales taxes, delivery fees, and installation charges) of an Electrolux-manufactured appliance identified on the Appliance Options List, available by clicking here. Rebates may be used in addition to or incremental to any other sales promotion that is offered towards an eligible appliance. You do not need to still possess the Class Washer to receive the rebate.

    To claim the 20% cash rebate, Pre-qualified Class Members must submit a Claim Form electing that benefit option, confirm their names and contact information, check several eligibility boxes on the Claim Form, and sign the Claim Form attesting the statements it contains are true and correct. Non-Pre-qualified Class Members must submit a Claim Form electing that benefit option, provide their Washer model and serial number (or alternative proof of purchase or ownership of a Class Washer), provide their names and contact information, check several eligibility boxes, and sign a statement under oath attesting that they experienced a mold or odor problem with their Class Washer within five years of purchase.

    Class Members who did not experience a mold, mildew and/or Odor Issue within five years of purchase are ineligible to receive a 20% cash rebate.

    5% Cash Rebate: Class Members who did not experience a mold, mildew or Odor Issue within five years of purchase of a Class Washer are entitled to receive a cash rebate of 5% off the retail purchase price (excluding sales taxes, delivery fees, and installation charges) of an Electrolux-manufactured appliance on the Appliance Options List. To claim the 5% cash rebate, Class Members must submit a Claim Form electing that benefit option, provide their Washer model and serial number (or alternative proof of purchase or ownership of a Class Washer), provide their names and contact information, check several eligibility boxes, and sign the Claim Form attesting that the statements it contains are true and correct. You can find the Appliance Options List by clicking here.

  16. 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 (i.e., submit a valid Claim Form electing the rebate option) by the claims deadline: April 19, 2018. You must then purchase your rebate-eligible Electrolux-manufactured appliance found on either the Appliance Options List or the Appliance Options - Additional Approved Models List and submit your completed rebate form and proof of purchase to the Settlement Administrator by the later of May 15, 2019 or one year from the date you received your blank rebate form from the Settlement Administrator. Thus, you will have at least one year to make an eligible purchase and submit the completed rebate form to the Settlement Administrator.

  17. Tell me more about the reimbursements for out-of-pocket expenses.

    Class Members who experienced mold, mildew and/or Odor Issues within the first five years of purchase of a Class Washer and who paid out-of-pocket to repair or replace (or both) their Class Washer may be entitled to reimbursement of the amount of those expenses, up to $500 in total. Reimbursement of amounts for damaged garments and fabrics also are limited to up to $150 in total and the amount of this reimbursement counts against the total $500 limit to all reimbursements in the aggregate. Eligibility requirements for this benefit are as follows:

    • Proof of Ownership: Class Members must submit their Washer model and serial numbers (or alternative proof of purchase or ownership of a Class Washer) and swear under oath that they experienced mold, mildew, or Odor Issues within five years of purchase of a Class Washer. Note – this requirement does not apply to Pre-qualified Class Members.
    • Reimbursement for paid repairs: If you provide sufficient documentary proof that you in fact paid out-of-pocket costs to repair your Class Washer as a result of a mold, mildew and/or Odor Issue (service tickets, receipts, cancelled checks, etc.) you will be reimbursed for the amount that documentary proof shows you paid for the repair, up to $500, which is the aggregate limit for all reimbursement claims in total. The first documented service call, complaint, or manifestation of mold, mildew or Odor Issue inside your Class Washer must have occurred within the first five years after purchase, and no replacement expenses will be reimbursed if they were incurred after December 31, 2016.
    • Reimbursement for paid replacements: If you provide sufficient documentary proof that you paid for a replacement washing machine as a result of a mold, mildew and/or Odor Issue with your Class Washer, Electrolux will reimburse the out-of-pocket costs paid up to $500, which is the aggregate limit for all reimbursement claims in total. Class Members seeking reimbursement for replacement washer costs must additionally submit documentation showing that, before replacing the Washer, he or she had at least three incidents of mold, mildew and/or Odor Issues inside their Class Washer for which they made complaints, service calls, or attempts to remedy the problem themselves (e.g., a service ticket, a complaint to Electrolux, a receipt for purchase of washing machine cleaner, or any combination of such documentation showing repeated mold or odor problems). The first documented service call, complaint, or manifestation of mold, mildew and/or Odor Issue must have occurred within the first five years after purchase. No replacement expenses will be reimbursed if they were incurred after December 31, 2016.
    • Reimbursement for damaged garments or other fabric materials: If you provide sufficient documentary proof that you paid to replace damaged garments or other fabric material as a result of a persistent mold, mildew, and/or Odor Issue inside your Class Washer, Electrolux will reimburse the out-of-pocket costs paid up to $150, which also is subject to the total $500 limit for any and all reimbursements. Class Members seeking reimbursement for replacement of damaged garments or other fabric material must additionally submit documentation showing that, before replacing the damaged garments or fabrics, he or she had at least three incidents of mold, mildew, and/or Odor Issues for which they made complaints, service calls, or attempts to remedy the problem themselves (e.g., a service ticket, a complaint to Electrolux, a receipt for purchase of washing machine cleaner, or any combination of such documentation showing repeated mold, mildew or odor problems). The first documented service call, complaint, or manifestation of mold, mildew and/or Odor Issue must have occurred within the first five years after purchase. No replacement expenses will be reimbursed if they were incurred after December 31, 2016.

    Class Members who previously received compensation or a voluntary benefit from Electrolux will have the amount of their reimbursement reduced by the amount of that compensation or benefit.

    After all claims are submitted, Electrolux and Class Counsel will provide the Settlement Administrator with records of any prior contacts they had with claimants who are attempting to prove replacement damages, in the event those records may positively impact their claims.

    For any claims the Settlement Administrator determines are invalid, the Settlement Administrator will mail and/or email a Notice of Claim Denial explaining why the claim is denied. Claimants will have 30 days to fix any deficiencies in their claim. Any claimant for a reimbursement of out-of-pocket expenses whose claim is denied because he or she cannot prove the repair or replacement expenses but who otherwise submits a valid claim for a mold problem will be permitted to select the $50 cash or 20% rebate option for which he or she is qualified.

  18. What is the deadline to qualify for reimbursement of out-of-pocket expenses?

    You will have until April 19, 2018 to submit a Claim Form and all required documentation for a Settlement payment for out-of-pocket expenses to repair or replace a Class Washer due to mold, mildew or Odor Issues.

  19. How to get Benefits — Submitting a Claim Form

  20. How many benefits can I receive?

    If you qualify, you may receive one benefit (i.e., one of: a $50 cash payment, a 20% or 5% cash rebate, or reimbursement up to $500 for documented out-of-pocket repair or replacement costs) for each Class Washer that you purchased or acquired. You must submit a separate Claim Form for each Class Washer. You must elect the benefit you wish to receive at the time you submit your Claim Form.

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

    You must complete and submit a Claim Form, including required documentation. Your Claim Form and documentation must be submitted online no later than, or mailed via U.S. Mail with a postmark no later than, April 19, 2018. Claim Forms are available for download by clicking here and submission by clicking here. They also are available by contacting the Settlement Administrator at 1-855-247-3819 or info@flwashersettlement.com or by writing a letter to Electrolux Front-Loading Washers Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103.

  22. 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 Defendant or other released persons (“Released Persons”) for the legal issues and claims resolved by this Settlement. Personal injury claims are not affected or released by this Settlement. The specific rights you are giving up are called Released Claims (see FAQ 19).

  23. Getting More Information

  24. What are the Released Claims?

    The claims that you are releasing, the “Released Claims,” are all claims set forth in the Amended Complaint, available by clicking here, including for economic loss and property damage relating to the use and performance of the Class Washer, including all claims for out-of-pocket expense, diminution-in-value, benefit-of-the-bargain, cost-of-repair, cost-of-replacement, cost-of-maintenance, cost of damaged garments or other fabrics, or premium-price damages, arising out of the Class Members’ purchases or uses of the Class Washers. The Released Persons are the Defendant, together with its 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 Washers. 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 Class Washers. The Released Claims, however, do not include any claims for personal injury. The Released Claims do include property damage, including damage to the Class Washer itself and damage to any garments or fabric materials. The complete Settlement Agreement describes the Released Claims in necessary legal terminology. Please read it carefully. A copy of the Settlement Agreement is available by clicking here. 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.

  25. The Lawyers Representing and the Settlement Class

  26. Do I have a lawyer in this case?

    Yes. The Court appointed Edward Wallace, Esq. of the law firm of Wexler Wallace LLP and R. Brent Irby, Esq. of the law firm of McCallum, Hoaglund, & Irby, LLP as Lead Class Counsel, to represent you and other Class Members. 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.

  27. How will these lawyers be paid?

    Class Counsel, who have worked on the lawsuits for over nine years, will ask the Court to award them up to $3,300,000 for attorney fees, plus up to $400,000 for reimbursement of the litigation expenses and costs they incurred. They will also ask for a service award of $4,000 to be paid to the three Class Representatives by household or $8,000 in total. If approved by the Court, Electrolux will separately pay these fees, costs, expenses, and service awards. These amounts will not reduce the amount of benefits available to Class Members. Defendant also has agreed to pay the Settlement Administrator’s fees and expenses, including the costs of mailing the Notices and distributing any payments owed to Class Members as part of the Settlement.

  28. Excluding Yourself from the Settlement Class

    If you want to keep the right to sue or continue to sue Defendant about the legal claims in this lawsuit, and you don’t want to receive benefits from this Settlement, you must take steps to exclude yourself from the Settlement. This is sometimes called “opting out” of the Settlement Class.

  29. 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 by clicking here or a letter stating: “I want to be excluded from the Settlement Class in Wendy Grasso and Nicholas Grasso, on behalf of themselves and all others similarly situated v. Electrolux Home Products, Inc., No. 8:16-cv-00911 (M.D. Fla.).” 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 February 20, 2018.

    Electrolux Front-Loading Washers Settlement
    ATTN: Exclusion Requests
    1801 Market Street, Suite 660
    Philadelphia, PA 19103

  30. If I exclude myself, can I still get benefits from this Settlement?

    No. If you exclude yourself, you are telling the Court 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.

  31. If I don’t exclude myself, can I sue Defendant for the same claims later?

    No. Unless you exclude yourself, you are giving up the right to sue Defendant for the claims that this Settlement resolves and releases (see FAQ 19). You must exclude yourself from this Settlement Class to start or continue with your own lawsuit or be part of any other lawsuit.

  32. Objecting the Settlement

    You can tell the Court if you don’t agree with the Settlement or any part of it.

  33. 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 mail to the Court a written objection and supporting papers. All objections must be filed with the Clerk of the Court and served on counsel for the Parties and received in writing or postmarked no later than February 20, 2018. Your objection must contain the name of this lawsuit (Wendy Grasso and Nicholas Grasso, on behalf of themselves and all others similarly situated v. Electrolux Home Products, Inc., No. 8:16-cv-00911 (M.D. Fla.)); and (1) your full name and current address and telephone number; (2) the serial number and model number of your Class Washer; (3) the specific reasons for your objection and 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; (4) your signature and the date of your signature. You must mail your written objection to the Court and counsel for the Parties at the following address:

    Court
    Clerk of the Court
    Sam M. Gibbons U.S. Courthouse
    801 North Florida Avenue
    Tampa, FL 33602

    Class Counsel
    R. Brent Irby, Esq.
    McCallum, Hoaglund, & Irby, LLP
    905 Montgomery Hwy., Ste. 201
    Vestavia Hills AL 35216

    Defendant's Counsel
    John H. Beisner, Esq.
    Skadden, Arps, Slate, Meagher & Flom LLP
    1440 New York Avenue, N.W.
    Washington, D.C. 20005

    Your written objection must be mailed with a postmark no later than February 20, 2018.

  34. 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.

  35. The Court's Fairness Hearing

  36. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Fairness Hearing on March 29, 2018 at 10:30 a.m. ET at the U.S. District Court for the Middle District of Florida, Tampa Division, located at the Sam M. Gibbons U.S. Courthouse, 801 North Florida Avenue, Tampa, FL 33602, Courtroom 13A, 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 FAQ 29). 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. Please check back to this Settlement website for updates.

  37. 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 mail an objection to the Settlement, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, signed it, and provided all of the required information (see FAQ 25) the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.

  38. May I speak at the hearing?

    Yes. You may ask the Court to speak at the Fairness Hearing. To do so, you must mail a written request to the Court saying that it is your “Notice of Intent to Appear at the Fairness Hearing in Wendy Grasso and Nicholas Grasso, on behalf of themselves and all others similarly situated v. Electrolux Home Products, Inc., No. 8:16-cv-00911. 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 mailed to the Court by February 20, 2018.

  39. If You Do Nothing

  40. 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 Defendant and the other Released Persons about the legal issues or claims resolved and released by this Settlement.

  41. Getting More Information

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

    The Notice summarizes the Settlement. More details are in the Settlement Agreement, available by clicking here. If you have questions you may contact the Settlement Administrator at Electrolux Front-Loading Washers Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103, info@flwashersettlement.com, or 1-855-247-3819 or 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.

    Si usted desea obtener una copie de este documento legal en Español, favor de visite la página web www.flwashersettlement.com o escribe al Administrador de Reclamos: Electrolux Front-Loading Washers Settlement, 1801 Market Street, Suite 660, Philadelphia, PA 19103.

DO NOT WRITE OR CALL THE COURT, ELECTROLUX, FRIGIDAIRE, CROSLEY, WHITE-WESTINGHOUSE OR KENMORE OR ANY APPLIANCE RETAILER, DEALER, OR AGENT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.