Samsung Canada Top-Load Washer Class Action Settlement

If you are a resident of Canada (except a resident of Quebec) and you purchased a Samsung top-load washer for household use you may be entitled to a benefit under this Class Action Settlement.

What is this Class Action About?

A Settlement has been reached in a class action lawsuit in Ontario against Samsung Electronics Canada Inc. (“SECA”) regarding alleged defects in certain Samsung and Kenmore brand top-loading washing machines (“Washers”) that were the subject of a voluntary recall announced on October 4, 2016 and updated on November 4, 2016 (the “Voluntary Recall”). The Plaintiff alleges that one or more of the Washers’ top fasteners can detach from the Washers’ chassis during operation (“Top Separation”). SECA denies the allegations in the lawsuit, and the Court has not decided who is right.

The Settlement Class includes every resident of Canada, other than Quebec, who was the original or subsequent purchaser of one of the Washers for household use (with limited exceptions). A list of the Washers that are included in this settlement is set out below. If you are included in the Settlement Class, you may qualify for one or more benefits under the Settlement such as additional rebates, or a refund and expense reimbursement in the unlikely event of a top separation.

The Court held a Settlement Approval Hearing on March 27, 2019 at 10:00 am at 80 Dundas Street, London ON to consider whether to approve the Settlement, a request for lawyers’ fees and disbursements of up to $443,750 and a Service Award of $1,500 to the Class Representative.

During the Settlement Approval Hearing the Ontario Superior Court of Justice approved the Settlement Agreement. SECA will pay these amounts in addition to the Settlement benefits.

There is a separate class action for Quebec residents that is not part of this Settlement.

Which washing machines are included under this class action?

List of Samsung and Kenmore Washer Models Subject to the Voluntary Recall and Settlement

SAMSUNG BRAND WASHER MODELS

The following Samsung Washer models manufactured between March 2011 and April 2016 are subject to the Voluntary Recall and Settlement:

Model NumberUPCSerial Number FromSerial Number To
WA5471ABP/XAA36725569249Y0IK54BB400046Y0IK53BD300133
WA5451ANW/XAA36725560222Y0IX54BB300091Y0IX53BC602166
WA5451ANP/XAA770332863207Y48V54BC400001Y48V53BCC00212
WA422PRHDWR/AA36725590397Y0IY5AEC300051
Y0IY5AUD400001
Y0IY5AEF300037
Y0IY5AUFB00156
WA456DRHDSU/AA36725590502Y6BP5AEC400001
Y6BP5AUD400001
Y6BP5AEF200096
Y6BP5AUFC00030
WA456DRHDWR/AA36725590458Y0IX5AEC300001
Y0IX5AUD400001
Y0IX5AEF100104
Y0IX5AUF200360
WA50F9A8DSP/A2887276018140Y7D15AED200001
Y7D15AUD500001
Y7D15AEG200102
Y7D15AUG300009
WA45H7200AP/A28872768579470BHF5AUF100001
0BHF5AEF200001
0BHF5AUG900598
0BHF5AEG900035
WA45H7200AW/A28872768579540BHG5AUF100001
0BHG5AEF200001
0BHG5AUH400798
0BHG5AEGB00270
WA45H7000AW/A28872768579300BHE5AUDC00001
0BHE5AEF200001
0BHE5AUH424521
0BHE5AEH401347
WA48J7770AW/A28872760958750E6G5AUG200001
0E6G5AEG400001
0E6G5AUH402114
0E6G5AEH400182
WA52J8700AP/A28872760958820E6H5AUG100001
0E6H5AEG300001
0E6H5AUH401452
0E6H5AEH401027

The following Samsung Washer models manufactured between March 2011 and June 2016 are subject to the Voluntary Recall and Settlement:

Model NumberUPCSerial Number FromSerial Number To
WA40J3000AW/A28872760869890DLC5AUG100001
0DLC5AEG300001
0DLC5AUH602521
0DLC5AEH600307
WA56H9000AP/A28872769635010BGJ5AEF1000010BGJ5AEH600312

The following Samsung Washer models manufactured between March 2011 and October 2016 are subject to the Voluntary Recall and Settlement:

Model NumberUPCSerial Number FromSerial Number To
WA50K8600AV/A28872761459690FKA5AUH100001
0FKA5AEH300001
0FKA5AUH603485
0FKA5AEHA00379
WA45K7600AW/A28872761269130F2J5AUGC00001R
0F2J5AEH300001A
0F2J5AUH600960Y
0F2J5AEHA00540F
KENMORE BRAND WASHER MODELS

The following Kenmore Washer models manufactured by Samsung between March 2011 and April 2016 are subject to the Voluntary Recall and Settlement:

Model NumberUPCSerial Number FromSerial Number To
592-29212887276012070Y7BK5AED200001
Y7BK5AUDA00001
Y7BK5AEF900180
Y7BK5AUH300720
592-29222887276012063Y7BL5AED200001
Y7BL5AUDA00001
Y7BL5AEF900180
Y7BL5AUG600270
592-29227887276012131Y7BM5AED200001
Y7BM5AUDA00001
Y7BM5AEF900180
Y7BM5AUH300090
592-293368872769704550C375AEF400001
0C375AUF600001
0C375AEG800810
0C375AUH200125

What are the Settlement terms and benefits?

Settlement Class Members may be eligible to receive one (1) or more of the following benefits, provided they meet certain qualification requirements.

You can learn more about each of these benefits by clicking here.

  • Enhanced Minimum Recall Rebate: for Settlement Class Members who received a Recall Rebate under the Voluntary Recall, or who selected a Recall Rebate on the Voluntary Recall website prior to Settlement Approval, who are original purchasers, and who replace their Washer with another Samsung or Kenmore brand washer, an Enhanced Minimum Recall Rebate may be available to ensure the total rebate received is equal to a net 15.5 percent of the Estimated Purchase Price of their Washer. The additional amount available will be the difference between the lower rebate amount the Settlement Class Member received or was told she could receive under the Voluntary Recall, and 15.5% of the Estimated Purchase Price of the Washer. (Note – Settlement Class Members who select a Recall Rebate on the Voluntary Recall website after Settlement Approval and before the Claims Deadline will automatically be entitled to a Recall Rebate equal to at least a net 15.5 percent of the Estimated Purchase Price of their Washer.) You can contact the Settlement Administrator at 1-855-745-7374 or info@canadatoploadwashersettlement.ca to determine your Estimated Purchase Price.
  • Settlement Recall Rebate: for Settlement Class Members who are original purchasers and select a Recall Rebate on the Voluntary Recall website after the Notice of Settlement Approval is published and before the Claims Deadline, a Settlement Recall Rebate may be available towards the purchase of a non-Samsung brand replacement washer, equal to a net 15.5% of the Estimated Purchase Price of the Settlement Class Member’s Washer. Note, however, that this rebate is only available to Settlement Class Members who do not replace their machine with a Samsung brand machine, and that the Recall Rebate available for a Samsung-brand replacement washer will often exceed the Settlement Recall Rebate available for a non-Samsung brand replacement washer. You can contact the Settlement Administrator by email at info@canadatoploadwashersettlement.ca to determine your Estimated Purchase Price.
  • Recall Repair Additional Benefit: for Settlement Class Members who are original purchasers and received a Recall Repair under the Voluntary Recall or select a Recall Repair on the Voluntary Recall website prior to the Claims Deadline, a Recall Repair Additional Benefit may be available by way of a rebate, ranging from between $25.00 and $85.00, for the purchase of a Samsung microwave or Samsung Major Home Appliance (i.e., dishwasher, clothes dryer, range, or refrigerator).
  • Top Separation Relief: In the unlikely event that a Settlement Class Member experiences Top Separation up to seven years after the Washer’s date of purchase, that member may be eligible to receive one or more of the following benefits, provided that they did not participate in the Enhanced Minimum Recall Rebate or Settlement Recall Rebate and that they submit a timely Claim Form and meet certain requirements: (1) a full refund of the purchase price of the Washer in exchange for their Washer; and (2) up to a $100.00 reimbursement of certain expenses resulting from the Top Separation, of which no more than $50.00 may be attributable to Clean-up Costs.
  • Commitment for Recall Repair: Settlement Class Members who select a Recall Repair through the Voluntary Recall website before the Claims Deadline, or who within the one year thereafter ask the Defendant in accordance with the instructions provided in Question 17 of the FAQ, available HERE, to perform the recall repair on their Washer, receive a Commitment from the Defendant that a Samsung Authorized Service Center will be available to perform the Recall Repair within fourteen (14) days of the Settlement Class Member’s requesting the repair in accordance with the instructions provided in Question 17 of the FAQ. The Defendant will provide the Settlement Class Member with a one-time $50.00 cash-equivalent card if: (1) the Samsung Authorized Service Center proves unable, solely as a result of an act or omission by the Samsung Authorized Service Provider, to make the requested Recall Repair within fourteen (14) days of a Settlement Class Member’s request; and (2) the Defendant does not decide instead to replace the Settlement Class Member’s Washer. However, the fourteen-day commitment will not apply when a Samsung Authorized Service Center is located 200 km or more away from the customer requesting the Recall Repair, in which case the repair will be completed as soon as reasonably practical.

Summary of Rights and Options Under the Settlement

Submit a Claim

The only way to receive any of the benefits under this class action settlement, including an Enhanced Minimum Recall Rebate, a Settlement Recall Rebate, a Recall Repair Additional Benefit and/or Top Separation Benefits, is to submit a Claim Form.

Submit a claim online here.

Claim Forms are also available on this website, or you can request one by calling 1-855-745-7374 or emailing the Settlement Administrator at info@canadatoploadwashersettlement.ca.

The deadline to submit a Claim Form was July 25, 2019.

Some benefits are available for a limited period of time if certain events occur after the Claims Deadline. Please see the Claim Forms and instructions, which are available here.

Do Nothing

Now that the Settlement is approved, if you do nothing, you will not receive any of the benefits provided by the Settlement. If you do nothing, you automatically remain a Settlement Class Member (if you qualify), and you will also give up your right to sue the Defendant regarding the legal claims resolved by this Settlement.

Object

The deadline for filing an objection was March 17, 2019.

Attend the Hearing in London, Ontario

The deadline to file a notice of intention to appear was March 17, 2019.

Exclude Yourself / Opt-Out

All Opt-Out Forms/Submissions had to be received by the Settlement Administrator no later than March 12, 2019.

We recommend you take a few minutes to view the FAQ section for further details about this class action and the Settlement benefits.