Midea Class Action Lawsuit Filed Over Mold in Recalled Air Conditioner Units

Lawsuit claims the air conditioner manufacturer made the recall process unnecessarily difficult, discouraging consumers from seeking repairs or refunds.

A New York woman has filed a class action lawsuit less than a month after Midea recalled nearly 2 million window air conditioners due to design flaws that allow mold growth, potentially causing respiratory health problems.

The complaint (PDF) was brought by Latazia Canon-Rivera in the U.S. District Court for the Southern District of New York on June 27, naming Midea America Corp. as the defendant.

A Midea window air conditioner recall was announced by the U.S. Consumer Product Safety Commission (CPSC) on June 5, impacting 1.7 million U and U+ model window air conditioners sold in the U.S., under various brand names, including Midea, Comfort Aire, Danby, Frigidaire, Insignia, Keystone, LBG Products, Mr. Cool, Perfect Aire and Sea Breeze.

The recall followed at least 152 reports of mold contamination, including 17 cases where consumers experienced respiratory infections, allergic reactions, coughing, sneezing and sore throats linked to the air conditioners.

Mold exposure can cause these types of respiratory symptoms, even in otherwise healthy individuals. For those with conditions like asthma, exposure may worsen symptoms. In rare cases, certain molds can produce toxins that lead to more serious health effects, including infections and neurological complications.

In her lawsuit, Canon-Rivera claims that Midea made the recall process for the defective air conditioners so burdensome that it discouraged everyday consumers from seeking relief.

According to the complaint, the recall offered consumers a refund or repair, but required those seeking a refund to unplug the unit, cut the power cord, label it “Recalled,” photograph the disabled device and dispose of it according to local regulations. Repairs would then require either waiting for a technician or completing a self-repair kit, depending on the model.

Canon-Rivera argues that the recall process was unnecessarily burdensome and inadequate given the severity of the health risks. The lawsuit claims Midea should have offered full refunds by default, alleging the recall was designed to limit the company’s liability while leaving consumers with unusable and potentially hazardous products.

“The hazardous nature of the Noticed Product and propensity for harm from the Noticed Products makes a full refund the proper method of recall. However, in order to achieve this recall Defendant makes the process so arduous for ordinary consumers that it deters consumers from doing so.”

–Latazia Canon-Rivera v. Midea America Corp.

Canon-Rivera brings claims of unjust enrichment, as well as violations of New York General Business Law §§ 349 and 350. She seeks class action certification on behalf of all affected consumers, including a subclass for New York residents. 

The lawsuit demands disgorgement of profits Midea earned from the recalled air conditioners, restitution, equitable relief, and an injunction requiring the company to fully disclose the safety risks associated with the defective units.

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