The Lawsuits allege that the Top-Load Washers’ tops can detach from the chassis during operation (“Top-Separation”), and that the Top-Load Washer drain pump can break or detach (“Drain Pump Failure”). Defendants and Retailer Defendants deny all of the allegations in the class-action lawsuits, specifically including allegations regarding Top Separation and Drain Pump Failure, and also deny that any of the Top-Load Washers are defective.Top
In a class action, one or more people called “Class Representatives” sue on behalf of 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 simultaneously, except for those who exclude themselves from the Settlement Class.Top
The Court did not decide which side was right or whether the Top-Load Washers are in any way defective. Instead, both sides agreed to a Settlement to avoid the costs and risks of further litigation and to provide benefits to Settlement Class Members. The Settlement does not mean that a Court found that Defendants or Retailer 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 Settlement Class Members.Top
The Settlement Class includes every resident of the United States and its territories who was the original purchaser of a new Top-Load Washer for household use.Top
To determine whether you are a Settlement Class Member, you must verify that your washer is included in the Settlement. Using the model number from your washer, you can verify whether you are included by comparing that information to this list of qualifying Top-Load Washer models available HERE.Top
The following are not included in the Settlement Class: (1) officers, directors, and employees of Defendants and Retailer Defendants, (2) insurers of Settlement Class Members, (3) subrogees or all entities claiming to be subrogated to the rights of a Top-Load Washer purchaser or a Settlement Class Member, and (4) all third-party issuers or providers of extended warranties or service contracts for the Top-Load Washers.Top
Settlement Class Members may be eligible to receive one or more of the following benefits, provided they meet certain qualification requirements.
For Settlement Class Members who received a Recall Rebate under the Voluntary Recall before August 6, 2019, but who received a rebate amount that is less than 15.5% of the Estimated Purchase Price of their Top-Load Washer, Defendants will provide an additional payment sufficient to increase the total amount paid to the Settlement Class Member to an amount equal to a net 15.5% of the Estimated Purchase Price of the Settlement Class Member’s Top-Load Washer. Therefore, a Settlement Class Member who received a Recall Rebate under the Voluntary Recall would, under the Enhanced Minimum Recall Rebate, receive the difference in value, if any, between 15.5% of the Estimated Purchase of Price their Top-Load Washer and the amount they received for their Recall Rebate under the Voluntary Recall.
The “Estimated Purchase Price” is the price of the Top-Load Washer model that was used during the Voluntary Recall to determine the Recall Rebate amount.Top
To obtain an Enhanced Minimum Recall Rebate, Settlement Class Members who received a Recall Rebate but whose Recall Rebate was less than 15.5% percent of the Estimated Purchase Price of their Top-Load Washer must submit no later than August 6, 2019, the dollar amount of the Recall Rebate they received under the Voluntary Recall.Top
Under the Voluntary Recall, Settlement Class Members may choose a Recall Repair (instead of the Recall Rebate) in which a Samsung Authorized Service Provider provides Settlement Class Members with a free in-home repair to reinforce their Top-Load Washers’ top. For Settlement Class Members who received a Recall Repair under the Voluntary Recall before August 6, 2019, Defendants will further provide a Recall Repair Additional Benefit consisting of: (1) a $25.00 cash rebate for the purchase of any Samsung microwave oven; (2) a $50.00 cash rebate for the purchase of any Samsung Major Home Appliance with a purchase price (not including sales taxes, delivery fees, and installation charges) between $0.00 and $900.00; (3) a $75.00 cash rebate for the purchase of any Samsung Major Home Appliance with a purchase price (not including sales taxes, delivery fees, and installation charges) between $900.01 and $1,500.00; or (4) an $85.00 cash rebate for the purchase of any Samsung Major Home Appliance with a purchase price (not including sales taxes, delivery fees, and installation charges) of $1,500.01 or higher. “Samsung Major Home Appliances” are limited to dishwashers, clothes dryers, ranges, and refrigerators.
The cash rebates provided as a Recall Rebate Additional Benefit have a one-year expiration date from entry of the Final Approval Order issued by the Court and are transferable to any Settlement Class Member’s immediate family or household member.Top
To obtain a Recall Rebate Additional Benefit, Settlement Class Members must submit to the Settlement Administrator no later than August 6, 2019, a properly completed and executed Recall Repair Additional Benefit Claim Form containing all required documentation, which must include: (a) the model number and serial number of the Settlement Class Member’s Top-Load Washer; (b) a statement that the Settlement Class Member (i) has affixed to his or her Top-Load Washer’s control panel the control panel guide provided in the Home Label Kit obtained under the Voluntary Recall, and (ii) operates his or her Top-Load Washer in accordance with the additional safety instructions provided in the Home Label Kit; (c) a designation of the Settlement Class Member’s Household Member or Immediate Family Member, if any, to whom the Settlement Class Member wishes to transfer their cash rebate; and (d) a signed statement under penalty of perjury from the Settlement Class Member attesting that all of the statements in the Recall Repair Additional Benefit Claim Form are true and correct. If the Settlement Administrator determines that the Settlement Class Member has submitted a Valid Claim, the Settlement Class Member will be mailed a Recall Repair Additional Benefit Rebate Form.
Settlement Class Members or their designated Household Member or Immediate Family Member may redeem their Recall Repair Additional Benefit cash rebate prior to the cash rebate’s one-year expiration date by: (a) purchasing a new Samsung microwave oven or a new Samsung Major Home Appliance after the Court enters the Final Approval Order but prior to the cash rebate’s expiration either from Samsung Electronics America, Inc. or from any licensed retail or internet store that sells new Samsung microwave ovens or Major Home Appliances and that is identified on Samsung’s Authorized Reseller website (http://www.samsung.com/us/peaceofmind/authorized_resellers_HA.html); and (b) submitting a properly completed Recall Repair Additional Benefit Rebate Claim Form and proof of purchase in accordance with the instructions on the Recall Repair Additional Rebate Claim Form. No purchase will be eligible unless it is made (1) after the Court holds its Fairness Hearing on August 22, 2019, and (2) after the date on which the Court enters a Final Approval Order. If the submission is validated, the Settlement Administrator or Defendants will provide the Settlement Class Member or their designated household member or immediate family member with the Recall Repair Additional Benefit cash rebate payment by electronic transfer or a check sent by First-Class Mail with the United States Postal Service.Top
A Settlement Class Member whose Top-Load Washer experiences Top Separation within seven years after they purchased their Top-Load Washer may be eligible for the following Top Separation Relief, to the extent not previously provided to them. Top Separation Relief includes: (1) a full refund of the purchase price paid for their Top-Load Washer; and (2) reimbursement of Top Separation Expenses incurred as a result of the Top Separation, subject to the following limitations: (a) the Settlement Class Member must submit sufficient documentation showing their Top Separation Expenses, (b) Top Separation Expenses are capped at a total of $400.00 per Settlement Class Member, and (c) no more than $50.00 of Top Separation Expenses may be attributable to Clean-up Costs.
“Top Separation Expenses” are expenses incurred by a Settlement Class Member as the result of Top Separation, and are limited to Clean-up Costs, laundromat expenses, and washing machine rental costs. “Clean-up Costs” are the costs to clean up from a Top Separation. Clean-up Costs do not include compensation for repair or replacement of real or personal property including the Top-Load Washer.Top
To obtain Top Separation Relief Settlement Class Members whose Top-Load Washers actually experienced a Top Separation before March 9, 2019 must submit a Top Separation Claim Form no later than August 6, 2019. The Top Separation Claim Form must include the following information and documentation: (1) the model number and serial number of their Top- Load Washer; (2) a photograph showing the Top Separation; (3) a signed statement under penalty of perjury (a) attesting that their Top-Load Washer experienced a Top Separation, and (b) identifying Top Separation Expenses that they experienced as a result of the Top Separation; and (4) documentation showing the Top Separation Expenses, including any Clean-up Costs.
Settlement Class Members whose Top-Load Washers actually experience a Top Separation on or after March 9, 2019, but within seven years after they purchased their Top-Load Washer, must contact Samsung (1-800-SAMSUNG or 1-800-726-7864) to make a claim, and may be required to submit the same information and documentation described above in order to be eligible for Top Separation Relief.Top
Settlement Class Members who, after entry of the Final Approval Order issued by the Court following the Fairness Hearing scheduled for August 22, 2019, select a Recall Repair under the Voluntary Recall will receive a Commitment for Recall Repair from Defendants that a Samsung Authorized Service Provider will make the Recall Repair within fourteen days of the request.
Defendants will provide the Settlement Class Member with a one-time $50.00 cash-equivalent card if: (1) the Samsung Authorized Service Provider proves unable, solely as a result of an act or omission by the Samsung Authorized Service Provider, to make the requested Recall Repair within fourteen days of the request; and (2) Defendants do not elect to replace the Top-Load Washer.Top
To obtain the cash-equivalent card under the Commitment for Recall Repair a Settlement Class Member must submit to Samsung Electronics America, Inc. for verification: (a) the model number and serial number of their Top-Load Washer; and (b) a signed statement under penalty of perjury attesting (i) to the date, after entry of the Final Approval Order, that they requested a Recall Repair to their Top-Load Washer under the Voluntary Recall, (ii) to the failure of a Samsung Authorized Service Provider to effectuate the requested Recall Repair within fourteen days of the request, and (iii) that the failure is not attributable to any act or omission by the Settlement Class Member or by any other party apart from the Samsung Authorized Service Provider. Upon Samsung Electronics America, Inc.’s acceptance of a Settlement Class Member’s submission, Samsung Electronics America, Inc. will provide the Settlement Class Member with a one-time $50.00 cash-equivalent card by First-Class Mail with the United States Postal Service.Top
For Settlement Class Members whose Selected Washers have already experienced a Drain Pump Failure or experience a Drain Pump Failure within three years after March 9, 2019, Defendants will provide Drain Pump Failure Relief, to the extent not previously provided to them.
Selected Washers: The Selected Washers are a subset of the Top-Load Washers limited to the following model numbers and serial number ranges manufactured from March 2012 through and including December 9, 2012:
|Model Numbers||Serial Number Ranges|
|WA400PJHDWR/AA||Y69Q5AEC400001 — Y69Q5AEC403093
Y69Q5AEC500001 — Y69Q5AEC507885
Y69Q5AEC600001 — Y69Q5AEC606880
Y69Q5AEC700001 — Y69Q5AEC708364
Y69Q5AEC800001 — Y69Q5AEC812997
Y69Q5AEC900001 — Y69Q5AEC909616
Y69Q5AECA00001 — Y69Q5AECA12996
Y69Q5AECB00001 — Y69Q5AECB13014
Y69Q5AECC00001 — Y69Q5AECC05739
|WA456DRHDSU/AA||Y6BP5AEC400001 — Y6BP5AEC401298
Y6BP5AEC500001 — Y6BP5AEC505224
Y6BP5AEC600001 — Y6BP5AEC603642
Y6BP5AEC700001 — Y6BP5AEC702160
Y6BP5AEC800001 — Y6BP5AEC801828
Y6BP5AEC900001 — Y6BP5AEC905247
Y6BP5AECA00001 — Y6BP5AECA03942
Y6BP5AECB00001 — Y6BP5AECB05184
Y6BP5AECC00001 — Y6BP5AECC01218
|WA456DRHDWR/AA||Y0IX5AEC300001 — Y0IX5AEC300528
Y0IX5AEC400001 — Y0IX5AEC403988
Y0IX5AEC500001 — Y0IX5AEC501578
Y0IX5AEC600001 — Y0IX5AEC602806
Y0IX5AEC700001 — Y0IX5AEC702370
Y0IX5AEC800001 — Y0IX5AEC804753
Y0IX5AEC900001 — Y0IX5AEC904975
Y0IX5AECA00001 — Y0IX5AECA04591
Y0IX5AECB00001 — Y0IX5AECB05497
Y0IX5AECC00001 — Y0IX5AECC02342
|WA422PRHDWR/AA||Y0IY5AEC300051 — Y0IY5AEC300140
Y0IY5AEC400001 — Y0IY5AEC405530
Y0IY5AEC500001 — Y0IY5AEC508699
Y0IY5AEC600001 — Y0IY5AEC604629
Y0IY5AEC700001 — Y0IY5AEC703408
Y0IY5AEC800001 — Y0IY5AEC805011
Y0IY5AEC900001 — Y0IY5AEC906799
Y0IY5AECA00001 — Y0IY5AECA10342
Y0IY5AECB00001 — Y0IY5AECB09480
Y0IY5AECC00001 — Y0IY5AECC01509
To obtain Drain Pump Failure Relief, Settlement Class Members whose Selected Washers actually experience Drain Pump Failure before March 9, 2019, must submit a Drain Pump Failure Claim Form no later than August 6, 2019. The Drain Pump Failure Claim Form must include: (1) the model number and serial number of the their Selected Washer; (2) a signed statement under penalty of perjury (a) attesting that their Selected Washer experienced a Drain Pump Failure, and (b) identifying Drain Pump Failure Expenses that they experienced as a result of the Drain Pump Failure; (3) documentation showing the Drain Pump Failure Expenses, including Clean-up Costs they experienced; and (4) documentation showing Prior Drain Pump Repair Costs, if any, they paid for prior to March 9, 2019.
Settlement Class Members whose Washers actually experience Drain Pump Failure on or after March 9, 2019 but before March 9, 2022 must contact Samsung (1-800-SAMSUNG or 1-800-726-7864) to make a claim, and may be required to submit the same information and documentation described above in order to be eligible for Drain Pump Relief.Top
To be eligible for benefits under the Settlement, depending on the benefits you are seeking, you must submit the appropriate Claim Forms, information, and documentation as required by the form. You may file a claim HERE. Note that a separate Claim Form, information, and documentation is required for each benefit sought.
Settlement Class Members who do not meet the Claim Form requirements or do not provide any required documentary proof, are not eligible to obtain any benefits under the Settlement.Top
Unless you exclude yourself (i.e., opt-out), you will remain in the Settlement Class. If the Settlement is approved and becomes final, all of the Court’s orders will legally bind you. Generally, that means you will not be able to sue, continue to sue, or be part of any other lawsuit against Defendants and/or Retailer Defendants or other released parties involving, or relating to, any allegations or claims brought against Defendants and/or Retailer Defendants regarding the issues resolved in this Settlement.Top
If you remain in the Settlement Class, the claims that you are agreeing you may never bring against the released parties, or “releasing” – the “Released Claims” – consist of all manner of claims, actions, causes of action, administrative claims, demands, debts, damages, costs, attorneys’ fees, obligations, judgments, expenses, or liabilities for loss, in law or in equity, whether now known or unknown, contingent or absolute, including all claims that any Settlement Class Member now has or, absent the Settlement Agreement, may in the future have had, against the released parties (the “Releasees”), by reason of any act, omission, harm, matter, cause, or event whatsoever up to and including the Effective Date of the Settlement Agreement that arises from, or relates in any way to, any Top Separation in Top-Load Washers or Drain Pump Failure in Selected Washers, or that was brought in the Consolidated MDL Lawsuit or in any of its constituent and included Lawsuits, including but not limited to all claims for out-of-pocket expenses, consequential damages, diminution-in-value, benefit-of-the-bargain, cost-of-repair, cost-of-replacement, premium-price damages, attorneys’ fees, disgorgement, or statutory damages or penalties. The Released Claims specifically exclude claims for personal injury to a Settlement Class Member or damage to a Settlement Class Member’s real or personal property (other than damage to the Settlement Class Member’s Top-Load Washer or Selected Washer), so you may still bring these claims against Defendants and/or Retailer Defendants in the future.
The Releasees are (1) Defendants and Retailer Defendants, and each of their respective predecessors, successors, parents, direct and indirect subsidiaries, affiliates, and assigns; (2) each of their respective past, present, and future officers, directors, agents, representatives, servants, employees, attorneys, and insurers; (3) 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 Top-Load Washers; and (4) all other defendants in the Consolidated MDL Lawsuit and any of its constituent and included Lawsuits, including, without limitation, each of their respective past, present, and future officers, directors, agents, representatives, servants, employees, attorneys, and insurers.Top
Yes. Class Counsel are William B. Federman of Federman & Sherwood and Jason L. Lichtman of Lieff Cabraser Heimann & Bernstein, LLP. You will not be charged for these lawyers. If you would like to be represented by your own lawyer, you may hire one at your own expense.Top
Class Counsel will be awarded no more than a total of $6,550,000.00 for all attorneys’ fees, costs, interest and expenses. In addition, the Class Representatives will receive a total service award of $100,000.00 to be shared among themselves. These amounts are independent of, and will not reduce, the amount of benefits available to Settlement Class Members. In addition, Defendants have agreed to separately pay the Settlement Administrator’s fees and expenses, including the costs of mailing Settlement Notices and distributing any payments owed to Settlement Class Members as part of the Settlement.Top
To exclude yourself from the Settlement, you must fully complete and send to the Settlement Administrator an Opt-out Form available HERE. Submission of the Opt-out Form is the only way by which a Settlement Class Member may exclude themselves from the Settlement Class. You must mail your Opt-out Form to the Settlement Administrator at the address below, postmarked by the United States Postal Service no later than June 7, 2019.
In re: Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation
P.O. Box 505029
Louisville, KY 40233-5029
No. If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement Class in this Settlement. You will only receive Settlement benefits if you stay in the Settlement Class and timely submit a valid Claim Form(s), information, and required documentation for each Settlement benefit sought.Top
No. Unless you exclude yourself, you are giving up the right to sue Defendants and/or Retailer Defendants for the claims that this Settlement resolves and releases (see Question #20). You must exclude yourself from this Settlement Class to start or to continue with your own lawsuit or to be part of any other lawsuit against Defendants and/or Retailer Defendants or the released parties about the legal issues and claims resolved and released by the Settlement.Top
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. To object, you must be a Settlement Class Member, and your objection must contain: (1) the name of this Consolidated MDL Lawsuit, In re: Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation, MDL Case No. 5:17-ml-2792-D (W.D. Okla.); (2) your full name and current address; (3) the serial number and model number of your Top-Load Washer; (4) the specific reasons for your objection; (5) 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; (6) your signature; and (7) the date the objection was signed.
You must file your objection with the Court and serve your objection to the three address in the table below.
Your written objection must be filed and served on or before June 7, 2019.
|Court Clerk’s Office||Counsel for Plaintiffs||Counsel for Defendants|
|Clerk of the Court||William B. Federman, Esq.||Philip M. Oliss, Esq.|
|United States District Court for the Western District of Oklahoma||FEDERMAN & SHERWOOD||SQUIRE PATTON BOGGS (US), LLP|
|200 NW 4th Street
Oklahoma City, OK 73102
|10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
|4900 Key Tower
127 Public Square
Cleveland, OH 44114
Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class (i.e., do not exclude yourself). Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object because the Settlement no longer affects you.Top
The Court will hold a Fairness Hearing on August 22, 2019 at 10:00a.m., at the United States District Court for the Western District of Oklahoma, 200 NW 4th Street, Oklahoma City, OK 73102. During the Fairness Hearing, the Court will consider whether the Settlement is fair, adequate, and reasonable, and whether it should be granted final approval. If there are objections, the Court will also consider them at the Fairness Hearing. The Court will listen to people who have asked to speak at the Fairness Hearing (see Question #30). The Fairness Hearing may be continued or rescheduled by the Court without further notice to the Settlement Class.Top
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 do not have to come to Court and speak about it. As long as you filed your written objection on time, signed it, and provided all of the required information (see Question #26) the Court will consider it.Top
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 In re: Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation, MDL Case No. 5:17-ml-2792-D (W.D. Okla.).” You must include your name, address, telephone number, and signature. If you plan to have your own attorney speak for you at the Fairness 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 June 7, 2019.Top
If you do nothing, you will not be allowed to receive certain of the relief described above, including, for those eligible and as provided by the Settlement: (1) an enhanced minimum rebate amount; (2) a cash rebate for purchase of a Samsung microwave or Major Home Appliance (i.e., dishwasher, clothes dryer, range, or refrigerator); (3) for past instances of Top Separation, a full refund of the purchase price of the Top-Load Washer and/or reimbursement of certain expenses resulting from Top Separation; and (4) for past instances of Drain Pump Failure, reimbursement for prior repair or replacement of a washer Drain Pump and/or reimbursement of certain expenses resulting from Drain Pump Failure. If the Court approves the Settlement, you will be bound by its terms, and you will give up your right to start a lawsuit, to continue with a lawsuit, or to be part of any other lawsuit against Defendants and/or Retailer Defendants about the legal issues or claims resolved and released by the Settlement.Top
More details are in the Settlement Agreement, available HERE. If you have questions, you may contact the Settlement Administrator at In re: Samsung Top-Load Washing Machine Marketing, Sales Practices and Products Liability Litigation, Settlement Administrator, P.O. Box 505029, Louisville, KY 40233-5029, email@example.com, or 1-855-256-2208, or visit Class Counsel’s websites (www.federmanlaw.com and www.lchb.com). 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, DEFENDANTS, RETAILER DEFENDANTS, OR ANY WASHING MACHINE SERVICER FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.Top