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Frequently Asked Questions





What is the class action about?

The Settlement resolves a class action lawsuit against the Whirlpool Corporation. The lawsuit alleged that “Flame Lock” and “Flame Guard” water heaters made and sold by Whirlpool, Lowe’s HIW, American Water Heater Company, or the A.O. Smith Corporation, 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 these allegations but agreed to settle this case to avoid further expense.



Am I a Class Member?

Class Members include all persons in the United States of America, its territories, and the District of Columbia who are original purchasers of a “Flame Lock” or “Flame Guard” water heater manufactured by American Water Heater Company, equipped with a single-use thermocouple, and purchased during the period from 2000 through 2006 (“Water Heaters”).

Excluded from the class are all persons who have previously executed and delivered to one of the Settling Defendants a release of their claims arising form an alleged failure of the thermocouple in a Water Heater.



What is the Settlement?

Class Members may be eligible to receive the following benefits:

  1. Upgrade for water heaters.
    Class Members who still own their “Flame Lock” or “Flame Guard” water heater will be entitled to a manifold door assembly with a resettable thermal cutoff switch for their water heater. If you make a valid claim for this upgrade, you will not be charged for the component. Class Members who file a claim will not be responsible for the cost of shipping the manifold door assembly by UPS ground service. If a Class Member seeks expedited shipment, he or she will be responsible for paying only the incremental cost of expedited shipment. You must arrange and pay for the installation yourself.

    If you still own the water heater and previously paid for a manifold door assembly with a resettable thermal cutoff switch, you are entitled to reimbursement of the amount you paid for the upgrade itself, if any. Class Members who previously paid for the shipping of the manifold door assembly will be reimbursed for the cost of shipping the manifold door assembly by UPS ground service. You are not entitled to labor costs associated with the installation of the upgrade.


  2. Reimbursement for thermocouple replacement.
    Class members who bought one or more replacement thermocouples for their water heater before receiving this notice will be entitled to reimbursement from a $1 million fund. If you make a valid claim for reimbursement, you will be sent a payment of $15 for each replacement thermocouple you bought, up to a maximum of $30 (i.e., reimbursement for two thermocouples). If you experienced more than three thermocouple failures and then replaced your water heater, you will be sent $150 if you make a valid claim accompanied by documentation showing your purchase of the original water heater, the thermocouple failures, and your purchase of the replacement water heater.

    If the common fund is insufficient to reimburse all Class Members who submit valid claims in the above amounts, then each class member’s payments will be reduced proportionately.


How do I file a Claim?

To make a claim for any benefit, you must complete and mail a Claim Form to the Claims Administrator postmarked no later than June 28, 2008.



How do I get a Claim Form?

Claim Forms were attached to the Class Notice. However, you may also download a Claim Form from this website.



When must claims be filed?

You must complete and mail a Claim Form to the Claims Administrator postmarked no later than June 28, 2008.



How can I opt-out or exclude myself from this Settlement?

The deadline to submit a request for exclusion from the Settlement has passed.



How do I object to the Settlement?

The deadline to file an objection to the Settlement has passed.



When will my claim be processed/ when will I receive my settlement benefits?

The Settlement was approved on October 11, 2007. The Settlement benefits will be distributed after all appellate or review rights with respect to the Final Approval Order have expired.



How will the attorneys be paid in this litigation?

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.