- What is a class action lawsuit?
- Why did I get notice of Class Action Settlement?
- What is this lawsuit about?
- Why is there a settlement?
- How do I know if I am part of the Settlement?
- Who is excluded from the Settlement?
- What should I do if I am still not sure whether I am included?
- What does the Settlement provide?
- How do I make a claim?
- Can I submit more than one Claim?
- I missed the deadline. Can I still submit a Claim
- When would I get my reimbursement?
- Who will review my claim?
- What if my claim is found to be deficient?
- As a representative, what documentation do I need to submit with the Claim to prove that I have authority to act on behalf of the Class Member?
- As a representative, what documentation do I need to submit if the Class Member is deceased?
- What am I giving up to stay in the Settlement Class?
- How do I Opt-Out of the Settlement?
- If I don’t exclude myself, can I sue for the same thing later?
- Do I have a lawyer in this case?
- How will the lawyers representing the Settlement Class be paid?
- What is the difference between objecting and excluding?
- When and where will the Courts decide whether to approve the Settlement?
- What happens if I do nothing at all?
- Are there more details about the Settlement?
- How do I get more information?
- Why is my LG Refrigerator not listed in the covered models in this Settlement?
A class action is a type of lawsuit that allows a group of people who have similar claims to collectively bring a lawsuit instead of requiring each person to file a separate lawsuit. The person who brings the claim on behalf of the group is called the representative plaintiff.
Notice has been provided to Settlement Class Members, meaning Canadian residents who purchased from LG Canada or an authorized retailer, other than for resale, a Covered Model LG Refrigerator produced between January 30, 2014 and the date of certification for settlement purposes (May 27, 2024).
If you purchased a Covered Model and experienced a No-Cooling Event within two (2) years of your purchase of a Covered Model, or in the case of multiple No-Cooling Events other than the first No-Cooling Event, three (3) years of purchase, you may be eligible to receive a cash payment if you submit a claim to the Settlement Administrator.
The Settlement Approval Notice sent to you is to inform you of court approval of a nationwide settlement of a class action lawsuit against LG Electronics Canada, Inc. that alleges that certain LG Refrigerators contain a defect that causes them to stop cooling. None of the allegations have been proven. The parties have instead reached a voluntary settlement.
The individual who filed this lawsuit is referred to as the Representative Plaintiff, and the company they sued, LG Electronics Canada, Inc., is called the Defendant (the Representative Plaintiff and the Defendant are, together, the Parties). The Representative Plaintiff alleges that certain LG Refrigerators suffer from a defect that can cause them to stop cooling. LG Canada denies the Representative Plaintiff’s claims. None of the allegations against LG Canada have been proven and LG Canada has not been found liable for any of the claims raised in this lawsuit. Both Parties have agreed to this Settlement and the terms of the Settlement are summarized on this page. You can read the Settlement Agreement on the documents page.
Approval of the Settlement is being sought in the Ontario Superior Court of Justice (the Court).
The Parties have agreed to the Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Settlement Class Members can receive the payments and other benefits outlined on this page without the delay and uncertainty of trial. The Settlement does not mean that the Defendant broke any laws or did anything wrong, and the Court did not decide which side was right.
The Parties entered into a Settlement Agreement. The Representative Plaintiff and the lawyers representing them (called Class Counsel) believe that the Settlement is in the best interests of the Settlement Class Members.
This page summarizes the essential terms of the Settlement. The Settlement Agreement, along with all exhibits, describes in greater detail the rights and obligations of all the parties and is available on the documents page. If there is any conflict between this page and the Settlement Agreement, the Settlement Agreement governs.
You are a Settlement Class Member if you are a Canadian resident who purchased from LG Canada or an authorized retailer, other than for resale, a Covered Model of LG Refrigerator produced between January 30, 2014 and the date this Action is certified for settlement purposes (May 27, 2024).
Under the Settlement, you may be eligible to receive money by making a claim if you are a member of the Settlement Class (Canadian residents who purchased from LG Canada or an authorized retailer, other than for resale, a Covered Model of LG Refrigerator and are not excluded from the Settlement Class), if your LG Refrigerator experienced a No-Cooling Event within two (2) years of purchase, and if:
- you paid for parts or labor to have your LG Refrigerator repaired;
- you had multiple repairs;
- you had delayed repairs;
- you suffered property loss or property damage including any flooring damage, spoiled food, beverages, medicine, or other perishables attributable to a No-Cooling Event of your LG Refrigerator; and/or
- you disposed of or replaced your LG Refrigerator because of a No-Cooling Event.
The Covered Models of LG Refrigerators are listed below.
LBNC15241*
LDCS24223*
LFCS25663*
LFCS28768*
LFCS31626*
LFX25978*
LFXS28566*
LFXS28968*
LFXS30796*
LFXS32766*
LMX28988*
LMXC23746*
LMXC23796*
LMXS28626*
LMXS30776*
LMXS30796*
LPXS30866*
LRFXS2503*
LRMNC1813*
LSFXC2476*
LSFXC2496*
UPFXC2466*
* The asterisk next to each Covered Model number indicates the colour suffix that attach to a model number.
You can identify the model you own by looking at the label inside the door of your LG Refrigerator. Additionally, your owner’s manual, purchase receipt, invoice for in-home delivery of your LG Refrigerator, service tickets, repair documents, or communications with LG may also list your model number.
The Settlement does not apply to anyone who is not a Settlement Class Member, including Excluded Persons. Excluded Persons are:
- the Defendant, and its directors, officers and employees;
- persons who validly opt out of the Settlement;
- persons who previously resolved and/or released their claims in an individual settlement with the Defendant with respect to the issues raised in the Action; and
- Class Counsel and the presiding judge in the Action.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing the Settlement Administrator at info@refrigeratorsettlement.ca or calling the Settlement Administrator at 1-833-971-2393 for more information.
LG has agreed to pay substantial cash payments to Settlement Class Members who experienced one or more No-Cooling Events within two years of purchase of a Covered Model.
If your Covered Model of LG Refrigerator experienced a No-Cooling Event within two (2) years of purchase, or in the case of multiple No-Cooling Events other than the first No-Cooling Event, three (3) years of purchase, you can receive cash payments under the Settlement if:
- you paid for parts or labour to have your LG Refrigerator repaired;
- you had multiple repairs;
- you had delayed repairs;
- you suffered property loss or property damage including any flooring damage, spoiled food, beverages, medicine, or other perishables attributable to a No-Cooling Event with your LG Refrigerator; and/or
- you disposed of or replaced your LG Refrigerator because of one or more No-Cooling Events.
You can support your claim with only a statement under oath (in which case you will receive up to $150 depending on the information supplied on your claim) OR you can support your claim with additional proof (in which case you may be eligible to receive greater cash payments). Proof may include receipts, invoices, photographs, payment card records, inspection records, insurance records, or other reasonable documentary proof. A claim based upon your replacement of your LG Refrigerator attributable to a No-Cooling Event cannot be supported with only a statement under oath and must be supported by proof.
If you have previously received payments from LG Canada, or its retailers, insurers, or an Authorized Repair Service Provider, for the same No-Cooling Event(s) for which you seek to recover through the claim form, the Settlement Administrator will subtract such previous payments from the total payments to be paid to you under this Settlement.
SUMMARY OF RECOVERABLE AMOUNTS
Default Payment: You can make a claim with only a statement under oath and upon verifying your Purchase Information (i.e. a serial number, model number and purchase date; a receipt; or other information reasonably needed to confirm the purchase of a Covered Model) without additional proof. You will be eligible for the following cash payments:
- $50 for out-of-pocket labour costs for repairs; and/or
- Up to $100 for property loss (such as food/beverage spoilage or other property damage)
- The Total Possible Cash Payment for a Default Payment Without Proof: Up to $150.00
Your election to submit a Claim for a Default Payment for one or more of the foregoing categories will preclude your recovery of an Alternative Payment (detailed below) for the same category or categories.
Alternative Payment: If you submit a Claim Form (including Purchase Information) with additional proof, meaning receipts, invoices, photographs, payment card records, inspection records, insurance records, or other reasonable documentary proof, you will be eligible for a larger cash payment, including the following:
- Labour Costs. Up to $259 for labour costs incurred in connection with repairs by a Directly-Managed Mobile Service Technician under the supervision of LG Canada (a DMST) or a third-party repair service provider, including a retailer or a dealer, who is authorized by LG Canada to repair LG Canada products but is not under the direct supervision of LG Canada (an Authorized Repair Service Provider or ARSP) (a list of Authorized Repair Service Providers can be found at https://www.lg.com/ca_en/support/find-service-center or on the Documents page of this website) following a No-Cooling Event that occurred within two (2) years after the date of the purchase of your LG Refrigerator.
- Delayed Repairs. Up to $700 for delayed repairs by a DMST or an ARSP (a list of ARSPs can be found at https://www.lg.com/ca_en/support/find-service-center or on the Documents page of this website) following each No-Cooling Event that occurred within two (2) years after the date of the purchase of your LG Refrigerator, as reflected in LG Canada’s records or as shown by submitted proof. Payments for delayed repairs will be calculated as follows: if the repairs were delayed by ten (10) days (with the initial call receipt date and service date excluded from the count), the payment will be $100, and will increase by $10 per day (until but not including the service date) up to 30 days; and by $15 per day for each day thereafter (until but not including the service date) up to a maximum amount of $700; provided, however, that any delay attributable to a Non-LG Cause, upon verification, shall be excluded from this calculation.
- Multiple Repairs. Up to $1,000 for experiencing two (2) or more unsuccessful repairs by a DMST or ARSP following a No-Cooling Event, as reflected in LG Canada’s records or as shown by submitted proof. Payment for unsuccessful repairs will be calculated as follows: if a No-Cooling Event occurs within two (2) years after the date of the purchase of your LG Refrigerator, and another No-Cooling Event subsequently occurs within three (3) years after the date of the purchase of your LG Refrigerator, as reflected in LG Canada’s records or as shown by submitted proof, the payment will be $100; if a No-Cooling Event occurs within two (2) years after the date of the purchase of your LG Refrigerator, and two (2) additional No-Cooling Events occur within three (3) years after the date of the date of the purchase of your LG Refrigerator, as reflected in LG Canada’s records or as shown by submitted proof, the payment will be $300; and if a No-Cooling Event occurs within two (2) years after the date of the purchase of your LG Refrigerator, and three (3) additional No-Cooling Events occur within three (3) years after the date of the date of the purchase of your LG Refrigerator, as reflected in LG Canada’s records or as shown by submitted proof, the payment will be $1000. No-Cooling Events attributable to a Non-LG Cause, upon verification, shall not be eligible for relief.
- Property Loss. Up to $2,500 for property loss or damage (including the value of any flooring, spoiled food/beverages/medicines/perishables attributable to a No-Cooling Event with your LG Refrigerator).
- Replacement of LG Refrigerator. $650 if your LG Refrigerator was disposed of or replaced following a No-Cooling Event that occurred within two (2) years after the date of the purchase of your LG Refrigerator. This payment will preclude recovery of any other Alternative Payment or Default Payment, other than a Default Payment or Alternative Payment for Property Loss.
- Payment for Parts. Reimbursement for payments for the replacement of any part related to the cooling system of your LG Refrigerator (i.e., a compressor, condenser, connection tube, drier, and evaporator), with such reimbursement limited to the average Manufacturer's Suggested Retail Price for the relevant part(s), following a No-Cooling Event that occurred within two (2) years after the date of the purchase of the LG Refrigerator at issue. This payment is available on top of a Default Payment and/or an Alternative Payment.
To receive the maximum recovery available to you under the Settlement, you must support your claim with receipts, invoices, photographs, payment card records, inspection records, insurance records, or any other available proof.
For information on how to submit a claim, please refer to Question 9 below.
To submit a claim for money, you must submit a completed Claim Form, and all required supporting documentation to the Settlement Administrator no later than October 25, 2024.
Your Claim Form and supporting documentation may be submitted:
- online at www.RefrigeratorSettlement.ca by following the instructions on how to submit a claim; or
- by email to the Settlement Administrator using the email address: info@refrigeratorsettlement.ca; or
- by mail to the Settlement Administrator using the address:
Epiq Class Action Services Canada Inc.
Att: LG Refrigerators Settlement in Canada Administrator
PO Box 507 STN B, Ottawa, ON, K1P 5P6
The Claim Form is available on the Documents page of this website.
You can also contact the Settlement Administrator to request a Claim Form by email at info@refrigeratorsettlement.ca or mail at Epiq Class Action Services Canada Inc. Att: LG Refrigerators Settlement in Canada Administrator, PO Box 507 STN B, Ottawa, ON, K1P 5P6.
Please keep a copy of your completed Claim Form and all documentation you submit for your own records. The materials you submit will not be returned to you.
If you fail to submit a Claim Form and/or any supporting documentation by the required deadline, you will not get paid. Sending in a Claim Form late will be the same as doing nothing.
Each class member may submit one (1) claim. If you experienced more than one no-cooling event, you may include all events in your claim.
All Claim Forms and required supporting documentation must be submitted to the Claims Administrator no later than October 25, 2024. Late claims will not be accepted.
The Settlement Administrator reviews the Claim Form and any supporting documents provided and verifies that the claim satisfies all the required conditions set out in the Settlement Agreement. Due to the uniqueness of each claim, the Settlement Administrator’s response times will vary. A determination letter will be sent to the claimant (or representative) once the evaluation process is completed by the Settlement Administrator and the approved settlement funds, if any, will be sent to the Claimant directly.
Epiq Class Action Services Canada, Inc. (Epiq Services) has been appointed by the Court to administer the Settlement and the claims process. Once you submit a claim, it will be reviewed by the Settlement Administrator and if the claim is valid, the Settlement Administrator will send you the settlement reimbursement directly.
If a claim is found to be deficient and is rejected during the review process by the Settlement Administrator, the Settlement Class Member will be notified of the deficiency. The Settlement Class Member will then have an opportunity to remedy the deficiency within 20 days of the date of the notice.
If you are submitting a claim on behalf of a Settlement Class Member other than yourself, you must provide a document verifying that you have legal authority to act on behalf of the Settlement Class Member or the estate in respect of their financial affairs.
Some common types of documents that fulfill this requirement include the following:
- Power of Attorney for Property; or
- Court approved Guardianship; or
- Certificate of Appointment of Estate Trustee.
If you submit a claim on behalf of a Settlement Class Member’s estate, you must provide a document verifying that you have legal authority to act on behalf of the Settlement Class Member's estate.
Documents that fulfill this requirement include the following:
- a copy of the death certificate; and/or
- a copy of the last will.
Please note that these documents are required for any person claiming on behalf of a Settlement Class Member’s estate. However, if you do not have a death certificate and/or last will, alternatively, you could provide the Settlement Administrator with a Certificate of Appointment of Estate Trustee.
Unless you exclude yourself in writing (i.e., opt-out), you will be part of the Settlement Class if the Settlement is approved. That means that you can’t sue, continue to sue, or be part of any other lawsuit against LG Canada or other related entities or individuals (listed in the Settlement Agreement, which you can view on the documents page) about the legal issues in this case relating to the Covered Models of LG Refrigerators. It also means that all of the Court’s orders will apply to you and legally bind you.
If you have any questions about the scope of the legal claims you give up by staying in the Settlement Class, you may view Section 8 of the Settlement Agreement (available on the documents page) or you can contact the lawyers representing the Settlement Class for free:
Matthew D. Baer
Mckenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
E-mail: matt.baer@mckenzielake.com
The deadline to Opt-Out of the Settlement is August 26, 2024.
You have the option to exclude yourself or opt-out of the Settlement Class.
To exclude yourself from the Settlement, you will be required to submit an Opt-Out Form that will be available on the documents page of this website. You will be required to deliver the completed Opt-Out Form by mail or courier to Epiq Services at Epiq Class Action Services Canada, Inc. Att: LG Refrigerators Settlement in Canada Administrator, PO Box 507 STN B, Ottawa, ON, K1P 5P6, or by email at info@refrigeratorsettlement.ca.
If you exclude yourself or opt-out of the Settlement Class, you will not have any rights as a Settlement Class Member under the Settlement; you will not receive any payment under the Settlement; you will not be bound by any further orders or judgments in the Action; and you will keep the right to sue on your claims at your own expense.
No. Unless you exclude yourself, you give up the right to sue LG Canada, and other related entities or individuals for the claims that this Settlement resolves.
If you have a pending lawsuit against LG Canada, or other related entities or individuals, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Settlement Class to continue your own lawsuit if it concerns the same legal issues in this case.
The deadline to Opt-Out of the Settlement is August 26, 2024.
If you are a Settlement Class Member and you do nothing, you will remain a Settlement Class Member and all of the Court’s orders will apply to you, you will be eligible for the settlement benefits described above as long as you satisfy the conditions for receiving each benefit, and you will not be able to sue the Defendant over the issues in this lawsuit.
The law firm representing all Settlement Class Members is listed below.
You will not be charged for contacting these lawyers. If you want to be represented by your own lawyer, you may hire one at your own cost.
Matthew D. Baer
Mckenzie Lake Lawyers LLP
140 Fullarton Street, Suite 1800
London, ON N6A 5P2
E-mail: matt.baer@mckenzielake.com
The Court has approved the payment of Class Counsel fees and other expenses by the Defendant. This payment will not come out of the funds for payments to Settlement Class Members.
The Defendant will also separately pay the costs to administer the Settlement. The payment of settlement administration costs will not come out of the funds for payments to Settlement Class Members.
Objecting is simply telling the Court that you don’t like something about the Settlement. The deadline for objecting to the Settlement has passed, as the Settlement is now approved. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and the Settlement. Even if you objected to the Settlement, you will still be part of the Settlement Class and the Settlement unless you exclude yourself or opt-out. You have the opportunity to exclude yourself or opt-out of the Settlement Class by August 26, 2024.
The Settlement Approval Hearing took place on March 6, 2024 at 10:00 am EST by video conference, before the following Court: Ontario Superior Court of Justice, 80 Dundas Street, London, Ontario
The legal fees to Class Counsel were also approved at the settlement approval hearing, but those amounts will be paid separately and will not reduce the settlement benefits.
At the Settlement Approval Hearing, the Courts considered whether the Settlement is fair, reasonable, and in the best interests of the class. If there were objections, the Court considered them. The Court listened to people who have asked to speak at the hearing.
If you do nothing, you will receive no payments from this Settlement. You must submit a valid and timely Claim Form by the deadline of October 25, 2024, in order to be eligible to receive payments under the Settlement.
Unless you exclude yourself, you won’t be able to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against LG Canada, or other related entities or individuals about the legal issues in this case.
Yes. This page summarizes the proposed Settlement. More details are set forth in the Settlement Agreement, which you can view on the documents page.
Neither the Defendant nor the Representative Plaintiff make any representation regarding the tax effects, if any, of receiving any benefits under this Settlement. Consult your tax adviser for any tax questions you may have.
You can call 1-833-971-2393 toll free or visit the documents page, where you will find information and documents about the Settlement, a Claim Form, an Opt Out Form, plus other information. You may also contact Class Counsel.
We understand not all refrigerators are covered within this Settlement. If your model is not covered under the Settlement, you are not able to make a claim for compensation under this Settlement. Any further questions respecting Covered Models should be directed to Class Counsel at christina.noble@mckenzielake.com.