Complaint Review: Kitchen aid (Whirlpool) - Charlotte MI

We are having a consumer protection / lemon law issue with a new refrigerator we purchased in May 2021 from Home Depot in Lansing.  This is a brand-new Kitchenaid model KRFS300ESS04 / SN: KA1619419 Home Depot Customer Order # 25539341, which was delivered to us on May 28, 2021. 

Immediately when the water line was connected to the icemaker and internal water dispenser it began a slow leak at the water dispenser. We immediately contacted Home Depot who referred us to the manufacturer (Whirlpool) for a warranty claim. 

Whirlpool stated they have one (1) warranty repair service in the Lansing Area that is authorized to work on their appliances – Bill Leech Appliance Repair Services, 2017 E. Michigan Ave, Lansing MI 48912 (517) 371-3583  http://billleechrepair.com/   NOT BBB accredited.

The owner (Eric ?) conducted his first visit on 8/20/2021 and determined the water dispenser needed to be replaced.  He ordered the part which was “delayed due to COVID-19”.  When the part finally arrived, he scheduled is second visit to replace the water dispenser.  Upon his arrival on 9/10/2021, Eric’s customer service attitude was very poor with negative comments being made. 

He also was not prepared to perform the replacement of the defective water dispenser. During his repair attempt, water was leaking all over the floor and he expected me to clean it up. Upon attempting to install the replacement part he then determined it was the wrong part and they had not shipped him all the needed parts either – which did not help to improve his negative attitude toward us. 

Also during his partial repair he ended up making rub-marks on the interior plastic of the unit near the water dispenser.  When I questioned him about how he was going to to remove them he told me to “go buy a magic eraser”.

The photos above were taken immediately after the dispenser was replaced.  Notice the rub marks /scratches and the missing cover plate on the top of the dispenser.

On 10/14/2021 – we called Bill Leech Appliance Repair and told them it was leaking again (we have to keep a plastic cup taped to the inside of the refrigerator to catch the leaking water).  They stated they were checking on the part availability.

He re-ordered the part and some time later he returned for his third visit.  After replacing the part he determined he was also missing a part of the cover plate and would need to return again to install it when he was able to receive it.  The water dispenser was still leaking / dripping after he replaced it.

I did a quick internet for reviews of Bill Leech Appliance Repair service – and the reviews, lots of them – are not good and they go back in time for over 6 years:

https://www.angi.com/companylist/us/mi/lansing/bill-leech-repair-svc-reviews-4675855.htm

Other people’s complaints & Samples of poor customer service / repair from Bill Leech Appliance Repair:

l purchased an LG refrigerator from Best Buy in January. The thing makes a HORRIBLE high pitched buzzing noise. LG service said it is because the unit is not tilted back as specified in the owner's manual. They sent Bill Leech Repair Service out. The repair man was a joke. He opened the fridge, verified model and serial number, and told me the high pitch noise is normal for all new refrigerators.

I told him I have been around a number of new, high efficiency refrigerators, and have never heard a compressor buzz like this. I told him what LG customer service had told me and what the owner's manual said about the unit having to be tilted back. He told me the person I spoke with at LG didn't know and was just reading from a manual (apparently, the owner's manual is incorrect, also).

This so-called repair man was rude, flippant, and cocky. I called Bill Leech Repair Service and complained about the repair man. The girl who answered the phone became short and rude when I told her I was going to complain to LG about their approved warranty service provider. DON'T USE BILL LEECH REPAIR SERVICE. They are TERRIBLE!!!

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Service man came in, verified the model and serial number of the refrigerator, told me nothing was wrong and left. He did absolutely nothing and was very flippant and cocky.

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The repairman listened as I told him about a pillow opening up in the washer and since then having this train-like sound coming from the machine only in the final rinse cycle. I wondered if some of the fuzz had gone over the tub and was trapped somewhere. He grunted at me and played around with the machine buttons and then said he'd have to come back with another guy to open the machine up. We set the appointment and time.

I wasn't happy since I had already waited better than a week for them to come out. On the next appointment date they neither showed up or called. I left a message. They called the next morning and said they 'forgot' and would come out with two people that day.

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This started with my warranty company choosing for us this Bill Leech Repair Service . The service over the phone was rude and the communication was very bad. We always had to call them to find out if anything was happening with ordered parts, an appointment to come, etc. The man that answers their phone is very short with people especially women; he was a lot better with my husband.

They would tell us that they would call in a couple days but after about 4 days we had to call them. I hope that's not Bill Leech that answers the phone, that would be a bad way to represent your own business. Long story short after new parts, a month passing, and many attempts to try to fix the washer they should have just admitted that they didn't care one bit if this washer was fixed and I suspect they didn't even know how to fix it.

We are now working with our warranty company to be reimbursed for the price of the washer that no one can fix. Please save yourself the trouble, stress, and agony of dealing or trying to deal with the Bill Leech Repair Service.

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The Bill Leech Repair company had so many opportunities to provide decent customer service, from verifying information on the phone, to offering alternative solutions to me, but instead they wasted my time, made me doubt for a minute whether my newly purchased appliances were in fact warrantied (they are!), and bristled when I pointed out how their service was impacting potential customers like myself.

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https://www.yelp.com/biz/bill-leech-repair-service-lansing

I called him for an ice maker that stopped working.  I paid them $95.00 for the initial diagnostic and they said it was a bad ice maker.  Had to order the part.  Put new ice maker in & that was not it.   Said it was the water inlet valve.  Had to order that part.  Again came out and replaced the water inlet valve. That wasn't it.  Charged us another 119.00 and said you have to call a plumber – you must have a blocked water line and they don't do it.  After $212.00  I ended up fixing it myself with a $7.00 needle valve for the water line an expensive lesson not to use bill leech repair service.

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Terrible customer service. Rude. Overpriced. Will never call nor recommend. After waiting a week for our appointment, being charged $85.00 for 5 minutes of "service", our machine is still broken and the owner was extremely rude when we spoke, again.

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Canceled appointment and refused even look at the appliance.  Never going to call them again.  Very unprofessional.

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I called to ask a question about a repair and pricing and the guy raised his voice at me said that it was a poorly asked question. This "poorly worded question" was me explaining the issues going on with my fridge ex. how it's not blowing any cold air, and that the back is very hot. So I asked if he has had this type of experience before and what that would maybe cost. When I asked to speak to a manager he claims the manager won't be back until 6 p.m. when they close at 5 p.m. TERRIBLE, TERRIBLE SERVICE DO NOT USE THEM

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This company has the worst customer service ever! Our dishwasher caught on fire and Bosch replaced it. They contacted Bill Leech to install it. The repairman was at my home for 3hrs and 35 min. and didn't finish the job. He was rude and told me they would try and get me on the schedule next week! He dented the front of the new door also! Of course, he never said a word to me about that. He left a terrible mess too. When my husband called the company Monday morning he was told to get a plumber if you want one!!!! I would not recommend them to anyone!

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Poor customer service, very RUDE.  My sister called today to ask about the cost to repair an oven and she was told "If you are worried about the cost to repair, just go out and buy a new one."

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I would like to give no stars.  I scheduled a time a week in advance, gave them detailed information on the built-in oven that needed service.  I took time off work to meet them only for them to arrive (1 person) and tell me they would have to reschedule because they needed two people.   Called owner and was given a serious attitude.   I took time off work and I provided all the information they would have needed to assess number of personnel needed.  I would not recommend to anyone.

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And I could provide many more reviews like this - but you get the point.

Also, during the time waiting for more replacement parts to arrive, the refrigerator also began making a new random grinding noise.

On 3/7/2022 I contacted Bill Leech Repair service and requested a copy of their work orders for this unit.  The clerk stated they only have one and she emailed to me.

The records from them show 1 visit on 12/21/2021 by someone named Bruce Lazar and it shows 5 parts:

1.            Valve-dual

2.            Façade-dispenser

3.            Façade-dispenser – base & top

4.            Connector

5.            Connector

And the document stated “Replaced water valve and dispenser with connectors unit operational”

Look at the photos - Does this look “operational” for a brand-new $2,500 refrigerator to you?

 

 After the 4th visit to install the missing top cover plate, it looked like this and it was still leaking:

 

 - replacement top part is loose, dispenser still drips.

Upon closer inspection of the refrigerator, we also noticed that the two front main side-by-side doors are not aligned and actually look like two slightly different size doors.

Because of the very poor experience with Bill Leech Repair Services, we contacted Whirlpool customer service multiple times and requested a different repair company be assigned to this case and they stated that Bill Leech Appliance Repair is their ONLY service provider in this area.   

We questioned Whirlpool customer support about how many times we are expected to permit repair “attempts” and their answer was “As many as it takes.”

That is not an acceptable answer for a brand-new, $2,500 high-end stainless-steel refrigerator.  

We escalated the request for a different repair services and they eventually recommended a different company – G&W Appliance Repair Service from Lansing.

G & W Repair Service sent a repairman (John) to the residence in early Feb 2022, (this was the fifth attempt to resolve this) he did not have any parts to replace the leaking water dispenser and when he listened to the grinding noise he determined that the main control board needed to be replaced and he would have to order the part and return (that would be the sixth visit of a repair service for this unit). 

He removed the cover plate on the water dispenser with his pocket knife and gouged the plastic on both the top piece and the main dispenser.  I pointed it out to him and he said it would need to be re-ordered and replaced… and if that didn’t resolve the issue then the problem was caused by “the condition of the water.”

While it is true that we use private well water, our water is not the issue, we have a $5,300 water treatment system installed with an Iron Filter and Water softener.  The water is chemically balanced correctly and has been tested by the State water laboratory for safety.  Additionally, the plumbing fixtures (sinks, toilets & showers along with the dishwasher and washing machine) have all been connected to the same water source longer than the refrigerator and none of them are leaking…  even our exterior faucets which are not connected this water treatment system DO NOT LEAK.

Again this “repair man” making off-the-cuff comments like that without knowing anything about what he is “blaming” is not professional, disrespectful and instills absolutely no confidence that he should be working on anything in our home.

Another example of his (John’s) poor performance:  During his installation of the main control board he had to remove a metal cover plate and a clear plastic cover under the metal one from the rear of the unit. 

He removed the screws holding the metal plate and then proceeded to pry the plastic cover plate off with his pocket knife.  He then replaced the control board and forgot to re-install the clear plastic cover plate – until I asked him if he was going to reinstall it…

We also showed him the issue of the doors not being aligned and he stated “the floor isn’t level”. 

Not sure how he knows that because he did not put a level on the floor to be able to make a statement like that – but I did, here’s the photo proving the floor is level and that’s not causing an issue with the doors as you can plainly see from the photos.

I also put my level on the doors to demonstrate the mis-alignment.

 

The bottom of the doors appear to be very closely aligned, in both directions horizontally and when closed.

  - door bottom horizonal alignment

 

 - door bottom alignment when closed.

However, when viewing the top of the doors you notice the following: - they are clearly NOT the same size doors if the bottom is aligned so closely, but the top isn’t.                                                 Neither do they close flush with each other.

 So it appears that the 2nd repair service sent by Whirlpool is no better than the first, and maybe even worse…  

 

We are of the believe this unit was damaged in shipment and that it is a “lemon” and will continue to have problems and cannot be repaired by the poorly trained or neglectful repair services they’ve sent.

We have acted in good faith, been very patient, the unit is completely paid for, and we have allowed 5 repair attempts from two different repair companies sent by the manufacturer (who appears to not be able to ship correct parts) and nothing has been resolved – with no end in sight.

 This unit is covered by a manufacturer’s warranty.  The warranty booklet states the following:

The KitchenAid Major Appliance Limited Warranty

How to make a claim: all warranty service is provided exclusively by our authorized KitchenAid Service Providers.  For service, contact the KitchenAid Customer eXperience Center.  In the USA, call 800-422-1230. 

What is covered

YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE PRODUCT REPAIR AS PROVIDED HEREIN.  This limited warranty is valid only in the United States or Canada and applies only when the major appliance is used in the country in which it was purchased.

ONE (1) YEAR FROM THE DATE OF ORIGINAL PURCHASE (PARTS AND LABOR INCLUDED): KitchenAid brand of Whirlpool Corporation, (hereafter “KitchenAid”) will pay for factory-specified replacement parts and labor to correct defects in materials or workmanship that existed when this major appliance was purchased, or at its sole discretion, replace the product.  In the event of product replacement, your appliance will be warranted for remaining term of the original unit’s warranty period.

YEARS TWO (2) THROUGH FIVE (5) FROM THE DATE OF ORIGINAL PURCHASE (CERTAIN COMPONENT PART AND LABOR INCLUDED): KitchenAid will pay for  factory-specified replacement parts and labor for the component listed below to correct non-cosmetic defects in materials or workmanship in these parts that prevent function of this major appliance and that existed when this major appliance was purchased.

·         Refrigerator

·         Built-in icemaker

·         Sealed Refrigeration system (included compressor, evaporator, condenser, dryer and connecting tubing)

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We submit that this product is materially defective in materials and/or workmanship and CANNOT BE repaired to new condition by either of the two (2) sub-contracted warranty repair services sent by Whirlpool and have requested Whirlpool replace the unit or refund the purchase price plus tax and any other fees.   Their response was that they would only extend the warranty by 3 months.

We desire to have the unit completely replaced with a defect-free unit as soon as possible.  If that is not possible, we are requesting a complete refund of all fees paid.

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I did some preliminary research on the legality of this situation… here is what I found:

When you purchase ANY product and it does not perform as it should, the Magnuson-Moss Warranty Act and the Consumer Protection Act protect the consumer.

The Magnuson Moss Warranty Act (“The Act”) is a Federal law that protects buyers of virtually any goods sold in the US which came with an express written warranty.  It applies to any consumer goods which cost more than $15.00, if those goods came with a warranty. Under the Act, a manufacturer may designate its warranties as “Full” or “Limited,” but they must do so clearly.  If a manufacturer, or someone else who is obligated under the warranty, fails to remedy a defect as spelled out in the warranty after a reasonable number of repair attempts, the Act requires the manufacturer to either refund the purchase price or replace the product.

The question is “What is a reasonable number of repair attempts”?

If a manufacturer or warrantor does not live up to their service contract or warranty, then you may be able to use this Federal Lemon Law to make them pay you compensation or repurchase the defective product (buy it back) or replace it. You can also use the Federal Lemon Law to recover your Lemon Law Attorney fees.

The exact text of this Federal Lemon Law follows below.

THE MAGNUSON MOSS WARRANTY ACT

 

15 United States Code 2301 et seq.

 

§ 2301. Definitions

 

For the purposes of this chapter:

 

(1) The term "consumer product" means any tangible personal property which is distributed in commerce and which is normally used for personal, family, or household purposes (including any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed).

 

(2) The term "Commission" means the Federal Trade Commission.

 

(3) The term "consumer" means a buyer (other than for purposes of resale) of any consumer product, any person to whom such product is transferred during the duration of an implied or written warranty (or service contract) applicable to the product, and any other person who is entitled by the terms of such warranty (or service contract) or under applicable State law to enforce against the warrantor (or service contractor) the obligations of the warranty (or service contract).

 

(4) The term "supplier" means any person engaged in the business of making a consumer product directly or indirectly available to consumers.

 

(5) The term "warrantor" means any supplier or other person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.

 

(6) The term "written warranty" means -

 

            (A) any written affirmation of fact or written promise made in connection with the sale of a consumer product by a supplier to a buyer which relates to the nature of the material or workmanship and affirms or promises that such material or workmanship is defect free or will meet a specified level of performance over a specified period of time,

 

            or

 

            (B) any undertaking in writing in connection with the sale by a supplier of a consumer product to refund, repair, replace, or take other remedial action with respect to such product in the event that such product fails to meet the specifications set forth in the undertaking, which written affirmation, promise, or undertaking becomes part of the basis of the bargain between a supplier and a buyer for purposes other than resale of such product.

 

(7) The term "implied warranty" means an implied warranty arising under State law (as modified by sections 2308 and 2304(a) of this title) in connection with the sale by a supplier of a consumer product.

 

(8) The term "service contract" means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair (or both) of a consumer product.

 

(9) The term "reasonable and necessary maintenance" consists of those operations (A) which the consumer reasonably can be expected to perform or have performed and (B) which are necessary to keep any consumer product performing its intended function and operating at a reasonable level of performance.

 

(10) The term "remedy" means whichever of the following actions the warrantor elects:

 

            (A) repair,

            (B) replacement, or

            (C) refund; except that the warrantor may not elect refund unless (i) the warrantor is unable to provide replacement and repair is not commercially practicable or cannot be timely made, or (ii) the consumer is willing to accept such refund.

 

(11) The term "replacement" means furnishing a new consumer product which is identical or reasonably equivalent to the warranted consumer product.

 

(12) The term "refund" means refunding the actual purchase price (less reasonable depreciation based on actual use where permitted by rules of the Commission).

 

(13) The term "distributed in commerce" means sold in commerce, introduced or delivered for introduction into commerce, or held for sale or distribution after introduction into commerce.

 

(14) The term "commerce" means trade, traffic, commerce, or transportation -

 

            (A) between a place in a State and any place outside thereof, or

 

            (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).

 

(15) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Canal Zone, or American Samoa. The term "State law" includes a law of the United States applicable only to the District of Columbia or only to a territory or possession of the United States; and the term "Federal law" excludes any State law.

 

§ 2302. Rules governing contents of warranties

 

(a) Full and conspicuous disclosure of terms and conditions; additional requirements for contents.

 

In order to improve the adequacy of information available to consumers, prevent deception, and improve competition in the marketing of consumer products, any warrantor warranting a consumer product to a consumer by means of a written warranty shall, to the extent required by rules of the Commission, fully and conspicuously disclose in simple and readily understood language the terms and conditions of such warranty. Such rules may require inclusion in the written warranty of any of the following items among others:

 

            (1) The clear identification of the names and addresses of the warrantors.

 

            (2) The identity of the party or parties to whom the warranty is extended.

 

            (3) The products or parts covered.

 

            (4) A statement of what the warrantor will do in the event of a defect, malfunction, or failure to conform with such written warranty - at whose expense - and for what period of time.

 

            (5) A statement of what the consumer must do and expenses he must bear.

 

            (6) Exceptions and exclusions from the terms of the warranty.

 

            (7) The step-by-step procedure which the consumer should take in order to obtain performance of any obligation under the warranty, including the identification of any person or class of persons authorized to perform the obligations set forth in the warranty.

 

            (8) Information respecting the availability of any informal dispute settlement procedure offered by the warrantor and a recital, where the warranty so provides, that the purchaser may be required to resort to such procedure before pursuing any legal remedies in the courts.

 

            (9) A brief, general description of the legal remedies available to the consumer.

 

           (10) The time at which the warrantor will perform any obligations under the warranty.

 

            (11) The period of time within which, after notice of a defect, malfunction, or failure to conform with the warranty, the warrantor will perform any obligations under the warranty.

 

            (12) The characteristics or properties of the products, or parts thereof, that are not covered by the warranty.

 

            (13) The elements of the warranty in words or phrases which would not mislead a reasonable, average consumer as to the nature or scope of the warranty.

 

(b) Availability of terms to consumer; manner and form for presentation and display of information; duration; extension of period for written warranty or service contract.

 

            (1)(A) The Commission shall prescribe rules requiring that the terms of any written warranty on a consumer product be made available to the consumer (or prospective consumer) prior to the sale of the product to him.

 

            (B) The Commission may prescribe rules for determining the manner and form in which information with respect to any written warranty of a consumer product shall be clearly and conspicuously presented or displayed so as not to mislead the reasonable, average consumer, when such information is contained in advertising, labeling, point-of-sale material, or other representations in writing.

 

            (2) Nothing in this chapter (other than paragraph (3) of this subsection) shall be deemed to authorize the Commission to prescribe the duration of written warranties given or to require that a consumer product or any of its components be warranted.

 

            (3) The Commission may prescribe rules for extending the period of time a written warranty or service contract is in effect to correspond with any period of time in excess of a reasonable period (not less than 10 days) during which the consumer is deprived of the use of such consumer product by reason of failure of the product to conform with the written warranty or by reason of the failure of the warrantor (or service contractor) to carry out such warranty (or service contract) within the period specified in the warranty (or service contract).

 

(c) Prohibition on conditions for written or implied warranty; waiver by Commission.

 

No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade, or corporate name; except that the prohibition of this subsection may be waived by the Commission if -

 

            (1) the warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and

 

            (2) the Commission finds that such a waiver is in the public interest. The Commission shall identify in the Federal Register, and permit public comment on, all applications for waiver of the prohibition of this subsection, and shall publish in the Federal Register its disposition of any such application, including the reasons therefor.

 

(d) Incorporation by reference of detailed substantive warranty provisions.

 

The Commission may by rule devise detailed substantive warranty provisions which warrantors may incorporate by reference in their warranties.

 

(e) Applicability to consumer products costing more than $5.

 

The provisions of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $5.

 

§ 2303. Designation of written warranties

 

(a) Full (statement of duration) or limited warranty.

 

Any warrantor warranting a consumer product by means of a written warranty shall clearly and conspicuously designate such warranty in the following manner, unless exempted from doing so by the Commission pursuant to subsection (c) of this section:

 

            (1) If the written warranty meets the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "full (statement of duration) warranty".

 

            (2) If the written warranty does not meet the Federal minimum standards for warranty set forth in section 2304 of this title, then it shall be conspicuously designated a "limited warranty".

 

(b) Applicability of requirements, standards, etc., to representations or statements of customer satisfaction.

 

This section and sections 2302 and 2304 of this title shall not apply to statements or representations which are similar to expressions of general policy concerning customer satisfaction and which are not subject to any specific limitations.

 

(c) Exemptions by Commission.

 

In addition to exercising the authority pertaining to disclosure granted in section 2302 of this title, the Commission may by rule determine when a written warranty does not have to be designated either "full (statement of duration)" or "limited" in accordance with this section.

 

(d) Applicability to consumer products costing more than $10 and not designated as full warranties.

 

The provisions of subsections (a) and (c) of this section apply only to warranties which pertain to consumer products actually costing the consumer more than $10 and which are not designated "full (statement of duration) warranties".

 

§ 2304. Federal minimum standards for warranties

 

(a) Remedies under written warranty; duration of implied warranty; exclusion or limitation on consequential damages for breach of written or implied warranty; election of refund or replacement.

 

In order for a warrantor warranting a consumer product by means of a written warranty to meet the Federal minimum standards for warranty -

 

            (1) such warrantor must as a minimum remedy such consumer product within a reasonable time and without charge, in the case of a defect, malfunction, or failure to conform with such written warranty;

 

            (2) notwithstanding section 2308(b) of this title, such warrantor may not impose any limitation on the duration of any implied warranty on the product;

 

            (3) such warrantor may not exclude or limit consequential damages for breach of any written or implied warranty on such product, unless such exclusion or limitation conspicuously appears on the face of the warranty; and

 

            (4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be).

 

            The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

 

(b) Duties and conditions imposed on consumer by warrantor.

 

            (1) In fulfilling the duties under subsection (a) of this section respecting a written warranty, the warrantor shall not impose any duty other than notification upon any consumer as a condition of securing remedy of any consumer product which malfunctions, is defective, or does not conform to the written warranty, unless the warrantor has demonstrated in a rulemaking proceeding, or can demonstrate in an administrative or judicial enforcement proceeding (including private enforcement), or in an informal dispute settlement proceeding, that such a duty is reasonable.

 

            (2) Notwithstanding paragraph (1), a warrantor may require, as a condition to replacement of, or refund for, any consumer product under subsection (a) of this section, that such consumer product shall be made available to the warrantor free and clear of liens and other encumbrances, except as otherwise provided by rule or order of the Commission in cases in which such a requirement would not be practicable.

 

            (3) The Commission may, by rule define in detail the duties set forth in subsection (a) of this section and the applicability of such duties to warrantors of different categories of consumer products with "full (statement of duration)" warranties.

 

            (4) The duties under subsection (a) of this section extend from the warrantor to each person who is a consumer with respect to the consumer product.

 

(c) Waiver of standards.

 

The performance of the duties under subsection (a) of this section shall not be required of the warrantor if he can show that the defect, malfunction, or failure of any warranted consumer product to conform with a written warranty, was caused by damage (not resulting from defect or malfunction) while in the possession of the consumer, or unreasonable use (including failure to provide reasonable and necessary maintenance).

 

(d) Remedy without charge.

 

For purposes of this section and of section 2302(c) of this title, the term "without charge" means that the warrantor may not assess the consumer for any costs the warrantor or his representatives incur in connection with the required remedy of a warranted consumer product. An obligation under subsection (a)(1)(A) of this section to remedy without charge does not necessarily require the warrantor to compensate the consumer for incidental expenses; however, if any incidental expenses are incurred because the remedy is not made within a reasonable time or because the warrantor imposed an unreasonable duty upon the consumer as a condition of securing remedy, then the consumer shall be entitled to recover reasonable incidental expenses which are so incurred in any action against the warrantor.

 

(e) Incorporation of standards to products designated with full warranty for purposes of judicial actions.

 

If a supplier designates a warranty applicable to a consumer product as a "full (statement of duration)" warranty, then the warranty on such product shall, for purposes of any action under section 2310(d) of this title or under any State law, be deemed to incorporate at least the minimum requirements of this section and rules prescribed under this section.

 

§ 2305. Full and limited warranting of a consumer product

 

Nothing in this chapter shall prohibit the selling of a consumer product which has both full and limited warranties if such warranties are clearly and conspicuously differentiated.

 

§ 2306. Service contracts; rules for full, clear and conspicuous disclosure of terms and conditions; addition to or in lieu of written warranty

 

(a) The Commission may prescribe by rule the manner and form in which the terms and conditions of service contracts shall be fully, clearly, and conspicuously disclosed.

 

(b) Nothing in this chapter shall be construed to prevent a supplier or warrantor from entering into a service contract with the consumer in addition to or in lieu of a written warranty if such contract fully, clearly, and conspicuously discloses its terms and conditions in simple and readily understood language.

 

§ 2307. Designation of representatives by warrantor to perform duties under written or implied warranty

 

Nothing in this chapter shall be construed to prevent any warrantor from designating representatives to perform duties under the written or implied warranty: Provided, That such warrantor shall make reasonable arrangements for compensation of such designated representatives, but no such designation shall relieve the warrantor of his direct responsibilities to the consumer or make the representative a cowarrantor.

 

§ 2308. Implied warranties

 

(a) Restrictions on disclaimers or modifications.

 

No supplier may disclaim or modify (except as provided in subsection (b) of this section) any implied warranty to a consumer with respect to such consumer product if (1) such supplier makes any written warranty to the consumer with respect to such consumer Product, or (2) at the time of sale, or within 90 days thereafter, such supplier enters into a service contract with the consumer which applies to such consumer product.

 

(b) Limitation on duration.

 

For purposes of this chapter (other than section 2304(a)(2) of this title), implied warranties may be limited in duration to the duration of a written warranty of reasonable duration, if such limitation is conscionable and is set forth in clear and unmistakable language and prominently displayed on the face of the warranty.

 

(c) Effectiveness of disclaimers, modifications, or limitations.

 

A disclaimer, modification, or limitation made in violation of this section shall be ineffective for purposes of this chapter and State law.

 

§ 2309. Procedures applicable to promulgation of rules by Commission

 

(a) Oral presentation.

 

Any rule prescribed under this chapter shall be prescribed in accordance with section 553 of title 5; except that the Commission shall give interested persons an opportunity for oral presentations of data, views, and arguments, in addition to written submissions. A transcript shall be kept of any oral presentation. Any such rule shall be subject to judicial review under section 57a(e) of this title in the same manner as rules prescribed under section 57a(a)(1)(B) of this title, except that section 57a(e)(3)(B) of this title shall not apply.

 

(b) Warranties and warranty practices involved in sale of used motor vehicles.

 

The Commission shall initiate within one year after January 4, 1975, a rulemaking proceeding dealing with warranties and warranty practices in connection with the sale of used motor vehicles; and, to the extent necessary to supplement the protections offered the consumer by this chapter, shall prescribe rules dealing with such warranties and practices. In prescribing rules under this subsection, the Commission may exercise any authority it may have under this chapter, or other law, and in addition it may require disclosure that a used motor vehicle is sold without any warranty and specify the form and content of such disclosure.

 

§ 2310. Remedies in consumer disputes

 

(a) Informal dispute settlement procedures; establishment; rules setting forth minimum requirements; effect of compliance by warrantor; review of informal procedures or implementation by Commission; application to existing informal procedures.

 

            (1) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.

 

            (2) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies.  Such rules shall provide for participation in such procedure by independent or governmental entities.

 

            (3) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commission's rules under paragraph (2). If -

 

                        (A) a warrantor establishes such a procedure,

 

                        (B) such procedure, and its implementation, meets the requirements of such rules, and

 

                        (C) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then (i) the consumer may not commence a civil action (other than a class action) under subsection (d) of this section unless he initially resorts to such procedure; and (ii) a class of consumers may not proceed in a class action under subsection

 

                        (D) of this section except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs (upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.

 

In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.

 

            (4) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph (2), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.

 

            (5) Until rules under paragraph (2) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection (d) of this section, the court may invalidate any such procedure if it finds that such procedure is unfair.

 

(b) Prohibited acts.

 

It shall be a violation of section 45(a)(1) of this title for any person to fail to comply with any requirement imposed on such person by this chapter (or a rule thereunder) or to violate any prohibition contained in this chapter (or a rule thereunder).

 

(c) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions; procedures; definitions.

 

            (1) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General (in his capacity as such), or by the Commission by any of its attorneys designated by it for such purpose, to restrain (A) any warrantor from making a deceptive warranty with respect to a consumer product, or (B) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commission's or Attorney General's likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period (not exceeding 10 days) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.

 

            (2) For the purposes of this subsection, the term "deceptive warranty" means (A) a written warranty which (i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or (ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or (B) a written warranty created by the use of such terms as "guaranty" or "warranty", if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.

 

(d) Civil action by consumer for damages, etc.; jurisdiction; recovery of costs and expenses; cognizable claims.

 

            (1) Subject to subsections (a)(3) and (e) of this section, a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief -

 

                        (A) in any court of competent jurisdiction in any State or the District of Columbia; or

 

                        (B) in an appropriate district court of the United States, subject to paragraph (3) of this subsection.

 

            (2) If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorneys' fees based on actual time expended) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys' fees would be inappropriate.

 

            (3) No claim shall be cognizable in a suit brought under paragraph (1)(B) of this subsection -

 

                         (A) if the amount in controversy of any individual claim is less than the sum or value of $25;

 

                        (B) if the amount in controversy is less than the sum or value of $50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit; or

 

                        (C) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.

 

(e) Class actions; conditions; procedures applicable.

 

No action (other than a class action or an action respecting a warranty to which subsection (a)(3) of this section applies) may be brought under subsection (d) of this section for failure to comply with any obligation under any written or implied warranty or service contract, and a class of consumers may not proceed in a class action under such subsection with respect to such a failure except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the person obligated under the warranty or service contract is afforded a reasonable opportunity to cure such failure to comply. In the case of such a class action (other than a class action respecting a warranty to which subsection (a)(3) of this section applies) brought under subsection (d) of this section for breach of any written or implied warranty or service contract, such reasonable opportunity will be afforded by the named plaintiffs and they shall at that time notify the defendant that they are acting on behalf of the class. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure.

 

(f) Warrantors subject to enforcement of remedies.

 

For purposes of this section, only the warrantor actually making a written affirmation of fact, promise, or undertaking shall be deemed to have created a written warranty, and any rights arising thereunder may be enforced under this section only against such warrantor and no other person.

 

§ 2311. Applicability to other laws

 

(a) Federal Trade Commission Act and Federal Seed Act.

 

            (1) Nothing contained in this chapter shall be construed to repeal, invalidate, or supersede the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any statute defined therein as an Antitrust Act.

 

            (2) Nothing in this chapter shall be construed to repeal, invalidate, or supersede the Federal Seed Act (7 U.S.C. 1551 et seq.) and nothing in this chapter shall apply to seed for planting.

 

(b) Rights, remedies, and liabilities.

 

            (1) Nothing in this chapter shall invalidate or restrict any right or remedy of any consumer under State law or any other Federal law.

 

            (2) Nothing in this chapter (other than sections 2308 and 2304(a)(2) and (4) of this title) shall (A) affect the liability of, or impose liability on, any person for personal injury, or (B) supersede any provision of State law regarding consequential damages for injury to the person or other injury.

 

(c) State warranty laws.

 

            (1) Except as provided in subsection (b) of this section and in paragraph (2) of this subsection, a State requirement -

 

                        (A) which relates to labeling or disclosure with respect to written warranties or performance thereunder;

 

                        (B) which is within the scope of an applicable requirement of sections 2302, 2303, and 2304 of this title (and rules implementing such sections), and

 

                        (C) which is not identical to a requirement of section 2302, 2303, or 2304 of this title (or a rule thereunder), shall not be applicable to written warranties complying with such sections (or rules thereunder).

 

            (2) If, upon application of an appropriate State agency, the Commission determines (pursuant to rules issued in accordance with section 2309 of this title) that any requirement of such State covering any transaction to which this chapter applies (A) affords protection to consumers greater than the requirements of this chapter and (B) does not unduly burden interstate commerce, then such State requirement shall be applicable (notwithstanding the provisions of paragraph (1) of this subsection) to the extent specified in such determination for so long as the State administers and enforces effectively any such greater requirement.

 

(d) Other Federal warranty laws.

 

This chapter (other than section 2302(c) of this title) shall be inapplicable to any written warranty the making or content of which is otherwise governed by Federal law. If only a portion of a written warranty is so governed by Federal law, the remaining portion shall be subject to this chapter.

 

§ 2312. Effective dates

 

(a) Effective date of chapter.

 

Except as provided in subsection (b) of this section, this chapter shall take effect 6 months after January 4, 1975, but shall not apply to consumer products manufactured prior to such date.

 

(b) Effective date of section 2302(a).

 

Section 2302(a) of this title shall take effect 6 months after the final publication of rules respecting such section; except that the Commission, for good cause shown, may postpone the applicability of such sections until one year after such final publication in order to permit any designated classes of suppliers to bring their written warranties into compliance with rules promulgated pursuant to this chapter.

(c) Promulgation of rules.

 

The Commission shall promulgate rules for initial implementation of this chapter as soon as possible after January 4, 1975, but in no event later than one year after such date.

 

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If the manufacturer refuses to refund or replace as required by the Act, as they often do, you may have to file suit to get satisfaction.

 However, the law is very strong, and allows you to not only recover your damages, such as your purchase price, but also your attorney fees and court costs. This means that an attorney skilled in this area should be able to evaluate your situation and take your case without charging you anything out of your pocket for your fees.

 

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so basically Whirlpool is violating federal consumer protection law  ****

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 The Consumer Protection Act also protects you when you buy something that doesn’t work, or when you get trick, misled or swindled in a transaction.  The most important factor for the purchasers of defective warrantied goods is the provision that makes it illegal to fail to provide “promised benefits.” The courts of this state have ruled that a warranty is a promised benefit, and that a manufacturer or seller that fails to honor its warranty is violating this section of the MCPA.

 

Further, remember that a warranty is not a promise to work on your product; it’s a promise that they will fix it. This distinction is important, because otherwise, the seller could keep working on your boat or RV, never fix it right, and just waste your time in giving you the runaround. – this appears to be what is happening in this case.  My wife spoke with Whirlpool customer service again yesterday (3/14/2022) to request that the unit be replaced and they refused – they just scheduled another repair visit for 4/7/2022 anytime between 9am – 5pm, and they are sending the first company again that has failed to repair it in the past…

Service Job Number: SWPQ32D22E80-1

 

Model: KRFC300ESS   Serial: KA1619419

 

Problem Description: Dripping from Dispenser - Refrigerator

 Service Contact Information  Company Name: BILL LEECH REPAIR SERVICE

 

Company Phone: 5173713583

 The MCPA also allows for you to recover your damages (or $250, whichever is greater) as well as your attorney’s fees and costs.  Again, this means that an attorney skilled in this area should be able to evaluate your situation and take your case without charging you anything out of your pocket for your fees.

 

These two laws have been used successfully by buyers of cars, trucks, boats, RV’s, motorcycles, personal watercraft, computers, appliances, furniture, and photocopiers which did not work right. Remember: it doesn’t have to be a car or truck. If you own any consumer product which is defective, these other laws will protect you.

 

Both consumers and manufacturers are protected under this law. The consumer must provide the defective product to the manufacturer or another obligated party so that it can diagnose and repair the issue. The manufacturer or other responsible party must repair the product honestly and quickly. The manufacturer has the right to expect the customer to take the product to an authorized repair facility or dealer to have the problem rectified.

 

 We have permitted access to our home during Covid-19 at least five (5) times for two different repair companies – it is still not repaired.  The last repair technician that was here said if he can’t fix it, the problem is the water quality.  Our water is not the problem – it leaked the day the water was connected to there can’t possibly be any type of calcium or sediment build up.  

 

This merchant is just delaying and stringing us along….  And we’re done playing with them.

As I understand it, the federal Magnuson Moss Warranty Act (“The Act”) protects buyers of virtually any goods sold in the US which came with an express written warranty and if a manufacturer, or someone else who is obligated under the warranty, fails to remedy a defect as spelled out in the warranty after a reasonable number of repair attempts, the Act requires the manufacturer to either refund the purchase price or replace the product.

The question is “What is a reasonable number of repair attempts”?

…in addition, the following section states the warrantor must permit the consumer to elect either a refund or replacement….  They are in violation of this federal law.

            (4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be).

            The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge.

So we need a definition of what does the term “reasonable” mean in this case and we have clearly stated multiple times to Whirlpool customer service that a replacement is wanted.

What can we do to get satisfaction on this?  Our Consumer Protection attorney is working on it.

 

SEE YOU IN COURT