Whirlpool designs, manufactures, advertises, and sells a line of gas and electric stoves, ranges, and ovens featuring its proprietary “AquaLift® Self-Cleaning Technology” (“AquaLift”) a system that purportedly “self-cleans” the interior of a dirty oven in less than one hour using only water and low heat.
According to the complaint Whirlpool’s marketing and advertising for its ovens containing AquaLift is false, deceptive, and misleading to reasonable consumers because AquaLift – a key product feature – does not perform as advertised or in accordance with Whirlpool’s express and implied warranties
Contrary to Whirlpool’s marketing claims, AquaLift does not “selfclean” or otherwise perform as advertised to consumers. To be sure, the Internet is teeming with consumer complaints that target the extent of Whirlpool’s defective AquaLift technology.
This action is brought to remedy violations of law in connection with Defendant’s marketing, design, manufacture, sales, performance, servicing and warranting of its Maytag brand dishwashers. The Dishwashers sell for a retail price of $350-$800.
Plaintiff alleges Whirlpool engages in unfair and deceptive conduct when selling Dishwashers. He and other purchasers of Dishwashers were deceived at the point of purchase because while Defendant represents that the Dishwashers do not require frequent repairs, Defendant fails to disclose the material fact that the Dishwashers have defective control panels that fail prematurely and frequently and require frequent and expensive repairs.
Plaintiff further alleges that the Dishwashers are not fit for their ordinary purpose, do not pass without objection in the trade, and are substantially certain to fail within their useful life. Whirlpool did not disclose either prior to, or at the time of purchase, any information to Plaintiff or Class members regarding the Dishwashers’ defective Control Panels.