United States District Court for the Northern District of Illinois
Class Action Complaint
Case: 1:26-cv-06335
Plaintiff Megan Kelly purchased a Frigidaire Gallery gas range from Home Depot. She brings the class action because the range has a dangerous defect: the oven in the ranges can experience a delayed ignition of the oven’s bake burner, posing a risk of burn hazards to users and to property.
Defendant Electrolux Consumer Products is a designer, manufacturer, marketer, advertiser, distributor, and seller of Electrolux and Frigidaire branded home appliances. It has been aware of the defect, having received reports of the delayed ignition including reports of burn injuries. The product was recalled, and consumers were instructed to “stop using ovens in the recalled ranges immediately.”
Electrolux refuses to provide refunds, leaving consumers with only one option – to schedule an in-home installation of a new bake burner. Consumers have not been able to use the ovens in their gas ranges since purchased because of the defect. Scheduling the replacement of the bake burner would take even more time away from the consumer being able to use the range until they can schedule the installation and find the part needed (subject to availability), without certainty that the defect will not manifest again.
The defect is the result of uniform flaws in materials and/or workmanship. The plaintiff believes Electrolux was aware of the defect prior to introducing the product to the marketplace and certainly knew of the defect through customer complaints, warranty claims, repair orders, and orders for replacement of bake burners.
The plaintiff alleges that Electrolux concealed the fact that Frigidaire ranges contain a serious safety hazard and risk to property and marketed its products as reliable, safe, and of high quality. Plaintiff and class members reasonably relied on the marketing and representations in purchasing Frigidaire ranges.
The plaintiff brings claims for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, breaches of express and implied warranties, unjust enrichment, and declaratory relief.
Of note:
- There are approximately 174,800 products at issue
- The minimum price of the product was $630.00 and the highest was $2,700.00
- The amount in controversy is more than $110 million, without accounting for attorney fees and punitive damages
- Electrolux markets the Frigidaire range as “designed to elevate your cooking experience with top performance and reliability” and describes the range as the “#1 consumer rated line of cooking appliances.” Electrolux also includes many comments on its website praising the workmanship of the product.
Bryson Attorneys: Russell Busch, Nick Suciu, Trenton Kashima, Luis Cardona