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Overview
The Settlement was approved on October 11, 2007. Settlement benefits will be distributed after all appellate or review rights with respect to the Final Approval Order have expired.
The Settlement resolves a class action lawsuit and claims against Whirlpool
Corporation, Lowe’s HIW, Inc., American Water Heater Company, and A.O. Smith Corporation.
The lawsuit alleged that “Flame Lock” and “Flame Guard” water heaters made and sold by these
companies, equipped with single-use thermocouples, and sold from 2000 through 2006, are
defective in that their thermocouples are prone to premature activation. The companies denied
allegations.
Settlement Benefits
If you are a Class Member, you may be eligible to receive an
upgraded manifold door assembly for your water heater or reimbursement for a prior purchase of
the upgraded assembly and/or reimbursement for a prior purchase of a replacement thermocouple
or reimbursement for buying a replacement water heater after suffering multiple thermocouple
activations. Please review the Notice for complete details regarding these benefits. To make a claim for settlement benefits, you must send in a completed Claim Form, postmarked no later than June 28, 2008. Download a Claim Form.
Fairness Hearing
The Settlement was approved on October 11, 2007. The Court awarded Plaintiffs’ Counsel attorneys’ fees in the amount of $1,900,000.00 and out-of-pocket expenses incurred in the prosecution of the litigation totaling $135,000.00.
PLEASE DO NOT CONTACT THE COURT FOR INFORMATION REGARDING THE SETTLEMENT
PLEASE NOTE THE FOLLOWING IMPORTANT DATES:
June 28, 2008
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Postmark Deadline for Claim Submission
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August 10, 2007
[Expired]
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The deadline to submit a request for exclusion has passed.
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August 10, 2007
[Expired]
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The deadline to submit written comments or object to the Settlement has passed.
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October 11, 2007 at 1:30 p.m.
[Approved]
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Fairness Hearing
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