Maytag® Front-Load Washing Machine Settlement-Frequently Asked Questions

Frequently Asked Questions

The following are some of the most frequently asked questions and answers about this case:

1. What is this lawsuit about?

2. How do I know if I am part of the Settlement?

3. I recently purchased a Maytag Neptune machine and have not experienced any of the Class Claims; however, I want to be included in the Settlement in the event that I do experience these “problems” in the future. What should I do?

4. What does the Settlement provide?

5. How do I know if I am experiencing a claim for “door latch” and/or “wax motor”?

6. How do I know if I am experiencing a claim for “motor control and related circuit board failure”?

7. I am confused about the August 9, 2004 date. Please explain what is covered before that date and what is not covered by this Settlement after that date.

8. I am experiencing a Class Claim right now, and my machine is not operable.

9. What are Repair Reimbursements?

10. What are Replacement Costs?

11. What are Washing Machine Purchase Certificates?

12. What are the qualifications for obtaining free repairs and the Washing Machine Certificate?

13. I no longer have all of the proof that is requested on the Claim Form. Can I still participate?

14. What if my Front-Load Washing Machine is not currently operating?

15. How can I use a Washing Machine Purchase Certificate?

16. Are the cash payments for Repair Reimbursement and Replacement Costs
subject to any conditions?

17. How can I get a cash payment or Washing Machine Purchase Certificate?

18. When will I get my payment or certificate?

19. What happens if I do nothing at all?

20. Are more details available?

21. How can I find out about the status of my claim?

22. How to contact Class Counsel?

23. My machine is a stackable unit. What should I do?

24. Is the cost of a service or extended service contract that I purchased considered a refundable “out-of-pocket” cost?

25. I purchased a Maytag Machine outside of the United States. Does this Settlement affect me?

26. I have submitted a claim for reimbursements for repairs and/or for the purchase of a new machine. When can I expect the claim to be fulfilled?

1. What is this lawsuit about?

This lawsuit alleges that owners of Maytag® Neptune® Front-Load Washing Machines have claims concerning the door latch, wax motor, motor control and related circuit board failures, causing the machines to function improperly and users to experience odor, mold and mildew. They are asking the Court for repayment of the money spent to purchase and/or repair their Neptune® washers or damages equal to the diminished value of their appliances. Maytag has responded that it's product is not defective, denies that it did anything wrong, and contends that it attempted to fix or repair all concerns raised by its customers.

The Court in charge of the lawsuit is the Circuit Court for the State of Illinois, 20th Judicial Circuit, St. Clair County, Illinois. The name of the lawsuit is Mink v. Maytag Corporation, Civil Action No. 03L47. The person who sued is called the Plaintiff, and the company they sued, Maytag, is called the Defendant.

2. How do I know if I am part of the Settlement?

To see if you can get benefits from this Settlement, you first have to know if you are a Class Member. The Court has said you are a Class Member if you purchased a Maytag® Neptune® Front-Load Washing Machine any model, including stackables any time after April 1, 1997 and before August 9, 2004.

3. I recently purchased a Maytag Neptune machine and have not experienced any of the Class Claims; however, I want to be included in the Settlement in the event that I do experience these “problems” in the future. What should I do?

All filing deadlines in this case have passed. Please do not file new or additional claims at this time.

4. What does the Settlement provide?

In addition to free repairs, the Settlement Agreement makes available three categories of benefits to Class Members. The first is Repair Reimbursement; the second is Replacement Cost; and the third is Purchase Certificates.

5. How do I know if I am experiencing a claim for “door latch” and/or “wax motor”?

For customers with a claim for door latch and/or wax motor, their Neptune washer will not lock the door and advance into the spin cycle. If the washer fills with water, tumbles, advances thru the spin cycle and the “door locked” indicator light turns on, you do not have a class claim for door latch or wax motor.

6. How do I know if I am experiencing a claim for “motor control and related circuit board failure”?

For customers with a claim for “motor control and related circuit board failure” their Neptune washer will lock the door, turn on the “door locked” indicator light, fill with water and then will either not start tumbling or will stop operation mid-spin cycle. If your Neptune operates normally during its entire wash cycle, you do not have a class claim for motor control and related circuit board failure.

7. I am confused about the August 9, 2004 date. Please explain what is covered before that date and what is not covered by this Settlement after that date.

August 9, 2004 is the date that the Court gave “preliminary approval” of this proposed settlement. No purchases of Neptune machines purchased after that date are covered by the Settlement.

All out of pocket expenses that were incurred before August 9, 2004 relating to repairs for one of the four Class Claims are eligible for reimbursement under the Settlement. Please note that you will not be reimbursed if you pay out of pocket for the repairs after August 9, 2004.

However, the Settlement will not cover any money you spend to purchase a new washing machine to replace your Neptune if the purchase was made after August 9, 2004.

If you have experienced a problem after August 9, 2004 that falls within the scope of the Class Claims, Maytag will, at its option, either attempt to fix the problem or issue you a Washing Machine Purchase Certificate. Please see paragraph 7 of the Notice for more details on the Washing Machine Purchase Certificate.

8. I am experiencing a Class Claim right now, and my machine is not operable.

If your Maytag Neptune Front-Load Washing Machine is not operating due to a Class Claim(s), please contact Maytag directly at 1-888-4-MAYTAG (Option 9). Maytag will work with you to get your Washing Machine repaired as soon as possible. Please note that repairs performed by a non-Maytag entity after August 9, 2004 will not be reimbursed.

9. What are Repair Reimbursements?

Maytag will reimburse reasonable out-of-pocket costs related to repairs which are the subject of the lawsuit, including odor, mold or mildew accumulation, door latch/wax motor, motor control, or related circuit board failures. Reimbursable costs are limited to those incurred prior to August 9, 2004. The cash payments to Class Members for Repair Reimbursements are limited to a maximum of $2,000,000.00. If eligible claims exceed $2,000,000.00, the cash distribution will be made on a pro rata basis with the shortfall being made up by the issuance of Appliance Purchase Certificates.

10. What are Replacement Costs?

Maytag will pay each Class Member up to five-hundred-dollars, subject to depreciation, if the Class Member already bought a new washer to replace their Maytag® Neptune® Washing Machine prior to August 9, 2004. The amount of the reimbursement to qualified Class Members will range from $100.00 to $500.00, depending upon the number of years of ownership by the Class Members. A breakdown is provided in the Notice. The cash payments to Class Members for Repair Reimbursements are limited to a maximum of $2,000,000.00. If eligible claims exceed $2,000,000.00, the cash distribution will be made on a pro rata basis with the shortfall being made up by the issuance of Appliance Purchase Certificates.

11. What are Washing Machine Purchase Certificates?

Class Members may also be eligible to receive Washing Machine Purchase Certificates. Class members can use the Washing Machine Purchase Certificates to purchase a new Neptune Top-Load Washing Machine if their current machine suffers from any of the Class Claims, including odor, mold or mildew accumulation, door latch/wax motor, motor control, or related circuit board failures and Maytag is not able to repair the condition. Washing Machine Purchase Certificates range in value from $200.00 to $1,000.00, depending on the age of the machine. A breakdown is provided in the Notice.

12. What are the qualifications for obtaining free repairs and the Washing Machine Certificate?

If you purchased your Maytag® Neptune® Front-Load Washing Machine before March 1, 2000, at it's election Maytag can make one repair attempt prior to August 9, 2005.

If you purchased your Maytag® Neptune® Front-Load Washing Machine after March 1, 2000, at it's election Maytag can make two repair attempts prior to August 9, 2005.

If you purchased your Maytag® Neptune® Washing Machine after March 1, 2000, and you already had two service calls for the same claim prior to August 9, 2004, Maytag can make only one additional repair attempt. Class Members are not responsible for any costs associated with Maytag's repair efforts and Maytag, at it's sole discretion, may elect to immediately provide a Washing Machine Purchase Certificate to the Settlement Class Member instead of providing repairs.

13. I no longer have all of the proof that is requested on the Claim Form. Can I still participate?

All filing deadlines in this case have passed. Please do not file new or additional claims at this time.

14. What if my Front-Load Washing Machine is not currently operating?

If your Front-Load Washing Machine does not operate due to a Class Claim, please contact Maytag directly at 1-888-4-MAYTAG (Option 9).

Maytag will review your file and product history and advise you of your options based on te Settlement guidelines.

If your Front-Load Washing Machine is operable, but you do have a Class Claim in need of repair, you must have filled out and timely submited a Claim Form. At its election, Maytag will either perform the Class Claim repair or issue you a Washing Machine Purchase Certificate.

15. How can I use a Washing Machine Purchase Certificate?

A Settlement Class Member may use the Washing Machine Purchase Certificates at any retailer to purchase a new Neptune Top-Load Washing Machine, but the Washing Machine Purchase Certificate must be mailed directly to Maytag for redemption. The Washing Machine Purchase Certificates cannot be transferred or aggregated and must be redeemed within twenty-four months of issuance.

The Washing Machine Purchase Certificates can only be used for the purchase of one Neptune Top-Load Washing Machine. If the value of a Washing Machine Purchase Certificate exceeds the cost of the Neptune Top-Load Washing Machine, no cash, credit or other refund will be made. Maytag will pay for the delivery of the Maytag Washing Machine and for disposing of the Settlement Class Members' Maytag Neptune Front-Load Washing Machine to the extent these costs are not covered by the retailer. Maytag reserves the right to demand that the Settlement Class Members' Maytag Neptune Front-Load Washing Machine be returned to Maytag.

16. Are the cash payments for Repair Reimbursement and Replacement Costs subject to any conditions?

Yes. The total cash payments to Class Members for Repair Reimbursements and Replacement Costs are limited to a maximum of $2,000,000.00. If eligible claims exceed two million dollars, the cash distribution will be made on a pro rata basis. If a portion of Class Members' out-of-pocket costs are not reimbursed, the Class Member will receive an Appliance Purchase Certificate to make up for the amount of the shortfall.

These Appliance Purchase Certificates may be used at any major retailer or other retail outlet for the purchase of a Maytag® Major Appliance which would include a Maytag refrigerator, dishwasher, washer, dryer, or free-standing range. The Maytag Major Appliance may be purchased at any retailer, but the Appliance Purchase Certificates must be submitted to Maytag, together with proof of purchase of the Major Appliance and eligibility, for redemption. These Appliance Purchase Certificates are transferable, but cannot be aggregated with any other certificate or rebate program.

17. How can I get a cash payment or Washing Machine Purchase Certificate?

To qualify for a cash payment or certificate, you must have sent in a completed Claim Form by May 2, 2005 for any cash reimbursement or Washing Machine Purchase Certificate under the Repair Reimbursement and Replacement Costs benefits. Appliance Purchase Certificates will only be issued if a pro rata cash distribution becomes necessary.

18. When will I get my payment or certificate?

All deadlines for filing timely claims have passed. Please note that May 2, 2005 was the postmark deadline for filing a Repair Reimbursement or Replacement Costs claim and August 9, 2005 was the postmark deadline for filing a Washing Machine Purchase Certificate/Repair Request. Please do not file new or additional claims at this time.

The Claims Administrator mailed class benefits for Repair Reimbursement or Replacement Costs in mid-September 2005. Please note that claims containing deficiencies were not included in this distribution. The Claims Administrator mailed deficiency letters to the affected claimants in late September 2005 and claimants will have an opportunity to cure any deficiencies within a designated timeframe.

Timely claims involving a Washing Machine Purchase Certificate/Repair Request are currently being processed on a rolling basis. Claims are handled in the order in which they are received; claims received within 2 to 3 weeks of the August 9, 2005 filing deadline will take time to process. Thank you for your patience.

19. What happens if I do nothing at all?

If you are a Class Member and do nothing, you will also be part of the Class and all of the Court's orders will apply to you. You won't be able to start a lawsuit or be part of any other lawsuit against Maytag about the claims in this lawsuit, ever again.

20. Are more details available?

The Notice summarizes the Settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement from the Claims Administrator by writing to: Maytag® Neptune® Claims Administrator, P.O. Box 6198, Novato, CA 94948-6198. You can also look at and copy the legal documents filed in this lawsuit at any time during regular office hours at the Office of the Clerk of the Court, Circuit Court for the State of Illinois, Twentieth Judicial Circuit, St. Clair County.

21. How can I find out about the status of my claim?

Maytag will be able to assist you in regard to the status of individual Claims and questions you may have regarding the deficiency process. Click here for more information on contacting Maytag.

22. How to contact Class Counsel?

To send an email to Class Counsel, click here.

Please note, Class Counsel will not be able to assist you in regard to the status of individual Claims.

23. My machine is a stackable unit. What should I do?

If you own a stackable unit, circle the word “stackables,” which is located under the words “Model Number of Maytag Neptune Washing Machine,” on page one of the Claim Form.

24. Is the cost of a service or extended service contract that I purchased considered a refundable “out-of-pocket” cost?

No. This settlement will not reimburse the costs of purchasing extended service contracts.

25. I purchased a Maytag Machine outside of the United States. Does this Settlement affect me?

This Settlement only covers purchases made in the United States.

26. I have submitted a claim for reimbursements for repairs and/or for the purchase of a new machine. When can I expect the claim to be fulfilled?

The Claims Administrator mailed class benefits for Repair Reimbursement or Replacement Costs in mid-September 2005. Please note that claims containing deficiencies of any kind were not included in this distribution. The Claims Administrator mailed deficiency letters to the affected claimants in late September 2005 and claimants will have an opportunity to cure any deficiencies within 14 calendar days of the date of issuance.