How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111551
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have had a serious problem with my refrigerator

Customer Question

Hello,
I have had a serious problem with my refrigerator the fan in my icemaker gets frost on it and freezes up the fan and my ice clumps together also I have had it melt and run out all over my floor every time the problem is in the ice maker, I am now on my 3rd refrigerator all failed in under a year it took anywhere from 4 week to 3 monthes for the same problem to come back, the first one they attempted to fix I think 4 or 5 times. Then sent out a replacement, the second one they attempted to fix 4 to 5 times as well before sending out a "different model". They attempted to fix the last refrigerator 4 times in the first year on the 3rd one they said they where not going to replace it at the time and it was a month away from the one year mark, they said that they would extend the warranty for another year since I have had so many problems with it. Now it is acting up again and they said they warranty will only cover parts and labor and that if they say it get called unrepairable that I would be and this is there words "stuck" and there is nothing they can do about it.... This is the same problem I have had on all of my refrigerators they also said the gasket is being redesigned for my fridge. They have replaced this gasket kit 4 times and the fan 3 times. What can I do if they call it unrepairable since this is the same exact problem they have tried to fix about 12 times on 3 different refrigerators? And have not be successful once each and every time the problem comes back.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not true that you are "stuck" as this is a breach of warranty issue under the Manguson Moss Warranty Act, which states that if the manufacturer has a defective product under warranty they must repair it, replace it or refund the money at their discretion. If they cannot repair it and the replacements have the same issue, then it is likely a product manufacturing defect and they are liable to refund your money or replace it with a different comparable model.

You need to send a letter to the manufacturer informing them that this is the THIRD refrigerator of the same model and the number of repairs all for the same issue. In your letter you need to demand they refund your money or replace it with a different comparable model. Tell them that if they refuse to do so, your next step will be filing a complaint with both the KS Attorney General and also with the Consumer Product Safety Commission, which could lead to a nationwide recall for their defectively manufactured or designed product. Give them 14 business days from the date of your letter to decide and tell them if they fail to take proper action, you will file your complaints and consider suit under the product liability laws and Manguson Moss Warranty Act for their defective product and the damages it has caused you.

If they refuse, then your first recourse is to file a complaint with the KS Attorney General Consumer Protection Unit (https://ag.ks.gov/about-the-office/contact-us/file-a-complaint) and with the Consumer Product Safety Commission (http://www.cpsc.gov/).

If they cannot resolve this matter, which they can in 99% of the cases, then you could sue the manufacturer in the KS court for breach of warranty as well as product liability for defective design or manufacture of their product and seek damages.

Related Consumer Protection Law Questions