Sears Class Action Lawsuit Alleges Kenmore Washers May Cause Mold

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By: Irvin Jackson | Published: November 20th, 2012

An appeals court has cleared the way for a class action lawsuit to move forward against Sears over problems with Kenmore washing machines, alleging that design defects may cause the development of mold in the clothes washers. 

On November 13, the U.S. Court of Appeals for the Seventh Circuit in Chicago overturned a lower court’s ruling that denied plaintiffs attempts to establish a Kenmore washer class action lawsuit against Sears, Roebuck and Co. The decision will allow the claim to go forward as a class action.

The class action seeks to cover consumers from six states who filed breach of warranty claims against the company, including those from California, Indiana, Illinois, Kentucky, Minnesota, and Texas.

According to allegations raised in the lawsuit, the Kenmore washing machines do not clean themselves properly, potentially resulting in mold growth. The affected washers were made by Whirlpool and sold by Sears under the Kenmore label.

There are about 200,000 Kenmore washers with the alleged mold problem sold each year, according to the appeal, and there have been many thousands of complaints involving bad odors reported by owners of the machines.

“Sears argues that most members of the plaintiff class did not experience a mold problem,” the appeals court stated in its opinion. “But if so that is an argument not for refusing to certify the class but for certifying it and then entering a judgment that will largely exonerate Sears – a course it should welcome, as all class members who did not opt out of the class action would be bound by the judgment.”

The court noted that every class member will have to prove they have an odor problem due to the washers in order to collect damages, but even those without a problem can still pursue breach of warranty claims in states that allow relief for “expected rather than for only realized harm” due to a product defect.

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There Are 21 Comments So Far • (Add Your Comments)

  1. Kenmore front load washer and dryer both lemons from date of purchase, have had them repaired numerous times & both are broken now, only 4 years old & i cam no longer afford to own them. Would not recommend buying sears brand!

  2. I have a kenmore front load washer, I have to repeatedly run bleach through the washer due to mold. I leave my washer door open after each wash, but still have mold inside of the seal.
    I also have an ongoing problem with the washer and dryer sencers going of all the time.
    Would not but a front load washer again, I only bought it because it uses less water, and never had a problem with their products before.

  3. Bought both washer and dryer about 6 years ago, but stopped using them due to awful smell on “clean clothes”. We called Sears to have it checked, they were not able to explain the cause of such smell. We then decided to just buy the regular old fashion washing machines. However, we also decided we could not sell the front loaders because we would be lying and cheating people just like Kenmore did to us!

  4. I had one of these washers I purchased it in 2007. A couple of months after I purchased it it started to leak, also my cloths smelled musty and had to be rewashed often… I got rid of the washer…. I’ll never own a front loader again

  5. Mold is terrible inside of door. I have pictures for proof. I also leave the door open but it does not help. It makes me very uneasy that I am putting clothes in a washer that is filled w/mold, for me and my Children.

  6. how do you get name added to class action ? our washer 2007 is horrible . bleach don\’t help keeping door open don\’t help
    i think its gross, but what to do it was near 800 back then,

  7. Disgusting! My son is allergic to mold and my laundry room is upstairs near his bedroom. It has mold and it smells no matter what I try.

  8. I have a Kenmore front load washing machine. The odor that comes from the machine smells like mold, every I wash a load of clothes I have to rewash that load because of the smell. Sometimes it not until after I have dried that load I smell the bad odor then I would have to rewash, then dry that load again. this has become very expensive. I would’ve never expected this from a KENMORE PRODUCT.

  9. I have complained since the beginning. I HATE my SEARS front loaders. I tell everyone who asks. How do I get into the class action lawsuit????
    I have numerous documented service calls, and have bought the extended warranty, because I need them to clean it out regularly.

  10. We purchased our washer and dryer frontloader around 2 years ago from Orchard (sister dealer for Sears Kenmore). And boy, it\’s been such a hassle dealing with Sears on all levels. The washer rubber liner tube grew mold after a few months and also snaped off the hinges after about a year. The replacement one already has grey/blackish mold on it, I can take pictures to prove it. This after we wipe it down with a washcloth after nearly every load!

    We do have it under warranty but the Sears people have been an absolute nightmare to work with. They kept sending out the wrong replacement part, I lost count after 3. When calling into their call center you speak to what must be Philipinos and they have no clue what you are talking about. We had to wait 2 weeks to finally get a repair guy to come out, meanwhile the laudry is stacking up and we\’re having to go to the inlaws every few days to take care of the laundry. The repair guy that did come out, came at the end of the day, my only day off, hours late. About half hour into looking at the washer not doing a damn thing decided that he couldn\’t repair it today because it required 2 people to do it. He had the gall to suggest resecheduling! And what wait another 2 weeks? Oh hell no! I asked to speak to a manager the guy was evasive on all my inquireis I never got a forthright answer on one damn thing, not a number or name of the supervisor a number to call in. nothing… So I took pictures of the van and licenses plate he drove in on, as he was trying to sneak out, I practically begged the repair guy to do his job volunteering to help repair it. What transpired is story in of itself which I have documented on my camera phone with him flipping me the bird. Yes I have it on camera.

    So in a nutshell, I definitely feel ripped off by Sears, so bad in fact that the wife and I ripped up our Sears card and vow never to go back to Sears again. Btw, our clothes smell like mold. we have to buy new towels every few months.

  11. i have a kenmore he2 front-loading washer it leaks because of the mold isssue on the rubber. i have had the drum and rubber fixed and replaced twice by sear, and it smells like dirty water i do not know what to do is there a recall, how do i get this issue fixed wright. please help?

  12. I also purchased a Kenmore washer from Sears in 2006. I have had to replace parts in the washer several times. It also has an odor. I have spent a lot of money on the mother board. Was just told that the mother board is out again and it is on back order but cannot tell me when the part will become available.

  13. I purchased front end washer 2010 and notice smell of musty mold stale stink. but did not know where it was coming from. I was told leave door open. but I still have this awlful smell. I really thought it was me, or I was putting enough detergent in. all my clothes have this smell and I can\’t get rid of it. My whole family clothes still. I am upset. enough co-worker under breath said I stink. I have been depressed. this mold in machine has caused all sorts of trouble, yeast infections, uti\’s etc.

  14. I have bought my front end loader 2010 and it has made me so upset; I have smelly moldy clothes. I had to buy more clothes, new towels, and leaving the door open and even using cleaning cycle does not help. How do I get into to this class action lawsuit. I do have proof. This is not great customer service. I wouldn’t expect this from sears or Kenmore company…. Please how to get into this class action suit against sears and Kenmore. thank you

  15. purchased a new Kenmore washer in 2010 front loader. have been living with dirty smelly clothes ever since. washed clothes smell like mold and are not clean. leave the door open, add cleaning cycles, nothing helps.

  16. I have a Kenmore HE3 front end washer and have experienced the musty mold smell for several years. About 1 month ago my washer rear drum bearing failed I replaced it myself and when I had the washer drum apart the back of it had tons of mold buildup. I had to use a strong cleaner and had to scrape of the mold because some of the mold would not come off with the cleaner. Really nasty looking stuff just wonder how sick can you get from this mold buildup. Never will buy another front end washer.

  17. Hi,

    I have a front end washer that creates mold and has been causing us alot of sneezing. I have tried clorox and different laundry detergents but the mold is always there. I thought our sneezing might have been outside allergies but it counted there the winter and after reading the articles I am wondering now if it hasn’t been this darn mold the whole time!. How do I get involved in the class action suit? I can show pictures if needed!

    Thanks sincerely,
    Johnanna

  18. I bought both a Kenmore front load washer and dryer in 2009, but have been unhappy with both sense my purchase. The washing machine has a terrible odor coming out of it and black mold that grows on the seal around the door even though I always leave the door open to hopefully help to dry it out and control the mold and help with the odor problem but it still does it. In order to keep my clothes from having a bad odor, I buy expensive softener additives to the rinse cycle to cover it up but that’s really expensive and adds up quick! Before long I will have spent as much on additives as I did the washer and dryer. The dryer is ok other than the fact that it takes putting a medium load of laundry through 2 cycles to get them dry which adds much to my electric bill each month and then when you take them out the dryer jeans have terrible creases in them and MUST be ironed before wearing. I would never recommend these appliances to anyone!!! I would like to know how to get in on the class action lawsuit. Any information would be greatly appreciated.

  19. I have a Kenmore elite front load washer. I also have the musty mold smell coming from the machine. It makes the hole wash room smell and the rooms that are a joint to this room. I have tops that have gotten this smell and I can’t get the smell out of them so I had to throw them away. That can get very expensive throwing clothes away. I also have left the door open for days and the smell does not go away. I’ve tried to use that cleaner made from tide two different times that didn’t help. I hate that smell but I can’t afford to buy another washer. I also had things that had to be fixed on this machine paddles in the machine broke and tore up some rugs , and belt that went around the drum broke .

  20. I purchased my front loading washer, Kenmore Model he 796 in July 2010. It was installed by Sears. It stinks. I have tried the Tide washing machine cleaner to no avail. I wash at least one bleach load per week. Nothing helps. Can you tell me what my options are?

  21. I have a Kenmore front loader washer model 110.45872400 that stinks like mold/must. Have tried everything to get rid of it. My husband had to replace the pump on it. The pump was all black and the corrugated hose was all moldy too. The hose that pumps the water goes into a laundry tub, so I can see what gets discharged out of the machine. Black stuff (chunks) I would never buy another front loader.

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