On August 29, U.S. District Judge Josephine L. Staton largely denied LG’s attempt to dismiss a consumer protection lawsuit brought against the company by plaintiffs represented by Girard Sharp.
Plaintiffs allege that LG sold and continues to sell refrigerators with faulty compressors and related parts without alerting purchasers to the problem, despite having known of the defect since 2014.
The court upheld the consumer fraud and California statutory warranty claims against LG, finding that the plaintiffs adequately defined the defect and adequately alleged LG’s exclusive knowledge of it. The court also rejected LG’s argument that its refrigerators are merchantable, crediting allegations that the defect renders these products unfit for their ordinary purpose: to consistently chill food.
The case will now proceed in federal court, with discovery and class certification as the next steps. Follow us on Twitter @GirardSharp for case updates.
A copy of the order is available here.
