On July 7, 2003, the court granted final approval to the parties' $7.9+ million settlement in a class action against Sears, Roebuck and Company and Whirlpool Corporation on behalf of all persons who purchased a microwave-oven/hood combination (MHC) manufactured by Whirlpool Corporation and sold under the Whirlpool, Kenmore, or KitchenAid brand name during the period from January 1, 1998, through September 30, 2001, with a serial number beginning with the letters "XC." The action alleged that the companies breached express and implied warranties when they sold microwave-oven/hood combinations that Whirlpool subsequently recalled because they presented a fire risk due to an inherent defect. Claims must be postmarked by September 5, 2003, to be considered valid.

The class is composed of all persons in the United States including the District of Columbia and its principal territories (Guam, the Commonwealth of Puerto Rico, and the Virgin Islands) who purchased this type of MHC. Excluded from the class are all persons who suffered personal injury or property damage as a result of a fire caused by this type of MHC. The action alleges that Whirlpool and Sears are legally responsible to MHC purchasers for money damages over and above the free in-home repair and free extended warranty provided by the MHC Recall. The damages are claimed for the purchasers' loss of use of their MHCs until they were repaired.

Whirlpool has agreed that it will pay $7.50 to each eligible class member from the $7,974,570.00 settlement fund. To take part in the settlement, you must show that: (1) you owned an MHC unit on October 16, 2001, that was installed in a residence of which you were the owner or lessee; (2) you stopped using your MHC until it could be repaired once you found out about the recall; (3) you have since had your MHC repaired pursuant to the MHC Recall; and (4) you have not already received from Whirlpool or Sears, in connection with the MHC Recall, a free countertop microwave oven, reimbursement for the purchase of a countertop microwave oven, a replacement MHC, a refund of the purchase price you paid for your original MHC, a gift certificate, or a cash payment.

All MHCs repaired since October 2001 pursuant to a recall are approved by the U.S. Consumer Product Safety Commission (CPSC), and there is no claim in this lawsuit that the repair is inadequate in any way. If, however, your microwave has not been repaired in the recall, you should call Whirlpool at 1-800-785-8897 to register for a free in-home repair and free extended warranty.

If you are not eligible to take part in this settlement solely because your MHC has not yet been repaired pursuant to the MHC Recall, you may become eligible by obtaining the free in-home repair service. In any event, if your MHC has not received the recall repair, for safety reasons you should (1) immediately stop using your unrepaired MHC; (2) disconnect the MHC by unplugging it, if possible, or if not, by using the child lockout feature; and (3) inform all potential users not to use the MHC due to the risk of fire until the free in-home recall repair has been completed. Upon completion of the free in-home repair, Whirlpool will provide you with a free one-year extended warranty covering your MHC.