Top Class Actions  |  June 26, 2019

Category: Closed Settlements

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This settlement is closed!

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mom and kids putting clothing into top load washing machine

Canada residents can get a full refund and reimbursement costs from a class action settlement resolving claims that Samsung and Kenmore top-load washers are defective.

The settlement will benefit residents of Canada, other than those living in Quebec, who purchased an eligible Samsung or Kenmore brand top-load washer.

There are numerous top-load washers available for compensation under the settlement and a full list of eligible washers is available here.

Plaintiff Karsten Henriksen claimed that certain Samsung and Kenmore top-load washing machines are defective. Excessive vibration from the washers allegedly caused the top of the washing machine chassis to become detached.

The Samsung top-load washer class action lawsuit claimed that selling defective washing machines was a violation of several Canadian laws including the Consumer Protection Act of 2002, the Competition Act, and the Sale of Goods Act. The Samsung class action also brought claims of negligence and unjust enrichment.

A settlement was reached in the Samsung top-load washer class action lawsuit in December 2018. The court has not determined who, if anyone, is in the wrong and Samsung does not admit any wrongdoing.

Several benefits are available from the Samsung settlement and, in some cases, Class Members may qualify for more than one.

There is an enhanced minimum recall rebate, a settlement recall rebate, a recall repair additional benefit, top separation relief, and a commitment for recall repair. More information on each benefit is available in the “Potential Award” section below.

In order to receive payment from the settlement, Class Members need to file a valid claim by July 25, 2019. The deadline for exclusion and objection have passed. The settlement was granted final approval at a fairness hearing on March 27, 2019.

Who’s Eligible

Residents of Canada, other than those living in Quebec, who purchased an eligible Samsung or Kenmore brand top-load washer. A full list of eligible washers is available here.

Potential Award

The following awards are available for Class Members:

  • Enhanced Minimum Recall Rebate: For Class Members that received a recall rebate under the voluntary recall or who selected a recall rebate on the voluntary recall website before settlement approval. Provides a rebate worth 15.5 percent of a new washer’s estimated purchase price if Class Members purchased a new Samsung washer and received less than a 15.5 percent rebate.
  • Settlement Recall Rebate: For Class Members who selected a recall rebate on the voluntary recall website after settlement approval. Provides a rebate worth 15.5 percent of a new washer’s estimated purchase price if Class Members did not replace their washer with a Samsung appliance.
  • Recall Repair Additional Benefit: For Class Members who received a recall repair under the voluntary recall. Provides between $25 and $85 for the purchase of a Samsung microwave or Samsung Major Home Appliance (dishwasher, clothes dryer, range, or refrigerator).
  • Top Separation Relief: For Class Members who experienced top separation within seven years of their washer’s purchase data. Provides a full refund of the washer and up to $100 in expense reimbursement (up to $50 of which can be used for clean-up costs).
  • Commitment for Recall Repair: For Class Members who select a recall repair through the voluntary recall website before the claims deadline. Allows Class Members to request a washer repair. If a repair person does not comply with the repair request within 14 days, Class Members may receive a $50 cash-equivalent card.

Proof of Purchase

Documentation is required for some of the benefits to prove that the washer is no longer in use or that the Class Member purchased a new non-Samsung brand replacement washer.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

7/25/2019

Case Name

Henriksen v. Samsung Electronics Canada Inc., Case No. 2762-16-CP, in the Ontario Superior Court of Justice

Final Hearing

3/27/2019

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: Samsung Canada Top-Load Washer Class Action Settlement
Nelson P.O. Box 20187 – 322 Rideau Street
Ottawa ON, K1N 5Y5
1-855-745-7374
info@CanadaTopLoadWasherSettlement.ca

Class Counsel

MCKENZIE LAKE LAWYERS LLP

Defense Counsel

BLAKE CASSELS & GRAYDON LLP

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12 thoughts onCanada Samsung Top-Load Washer Class Action Settlement

  1. Darlene Anderson says:

    The disintegration of the lid assembly on my Samsung top loading washer happened after the class action. Disintegration is the correct word to describe the damage. The plastic fell apart and so did the hinge assembly. How do I receive compensation?

  2. ron says:

    The same failure occurs with the front load washers manufactured during the same time frame. It is well documented on the internet, including symptoms, repair cost estimates, repair parts and how to videos. The same parts fail in both the top load and front load machines. Why are the remedies only available for the top loaders?

  3. Cara Bradley says:

    I live in Florida and have this problem with a Kenmore Oasis toploader washer. What about the U.S.A.??

  4. James. Cocce says:

    I am back in the states but we purchased one in toronto back in 2015

  5. James. Cocce says:

    I am back in the states but we purchased one in toronto

  6. Gabriel says:

    Only canada not the us

  7. Frances E Butler says:

    I, just bought a Samsung top load washing machine on a military base, no one has stated there’s a problem with the machine. What am I too, do!

  8. Frances E Butler says:

    I, just bought a Samsung top load washing on a military base, no one has stated there’s a problem with the machine. What am I too, do!

  9. Chrisanna says:

    I have filed with the Samsung company and they sent me a package stating they would pay only 131 towards a new washer from them. Honestly how can I afford to pay for a full replacement of my washer when they will only pay a percentage of the cost. It states tr ight o the from of my washer it has a 10 year warranty, does this not cover their negligence and having to recall them, should we not get a full refund for a new washer? I believe if my washer is faulty due to their actions and this calls for a recall on the washer than I should recieve a new washer at no cost to myself. This is the fair and just resolution in this case, is it not?

  10. Julia Bernes says:

    Why am I not part of this because I live in Quebec? I have this problem.

    1. JoAnn Demers says:

      Quebec has filed it’s own class action and is filed in the Quebec Superior court.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.