The U.S. District Court for the Northern District of Ohio has ordered the issuance of this Frequently Asked Questions Form (“FAQ”) in a class-action lawsuit titled Donna Wiatrowski and Joann Turbin v. Sears, Roebuck and Co. and Whirlpool Corp.  This is not a solicitation from a lawyer, and you are not being sued.

This FAQ describes the proposed settlement of a class-action lawsuit (the “Settlement”) in which the plaintiff, Joann Turbin (“Plaintiff”), alleges that some Kenmore Elite®-brand clothing dryers with Evenheat™ technology (“Evenheat dryers”) have malfunctioned because of an alleged defect in the electronic control board.  A Fairness Hearing was held by the Court to consider approval of the Settlement on December 20, 2007. A copy of the Order Granting Final Approval to Class Action Settlement can be found on this website. All members of the Settlement Class, as defined in Paragraph 4 below, who did not timely exclude themselves from the Settlement will be bound by the results of the hearing.

Si usted desea obtener una copie de este documento legal en Español escribe al Administrador de Reclamos:  Settlement Administrator, P.O. Box 1253, Minneapolis, MN 55440-1253.

Frequently Asked Questions

1. Why Did I Receive This Notice?
2. What Is the Purpose of This FAQ?
3. What Is the Lawsuit About?
4. Who Is Covered by the Class Settlement?
5. Who Represents the Settlement Class?
6. What Are the Benefits Available Under the Settlement?
7. Who Is Eligible for Benefits Under the Settlement?
8. What or Who Is a Qualified Service Technician?
9. What Are the Eligibility Requirements for Reimbursement of Payments I Made for Prior Repairs?
10. What Are the Eligibility Requirements for Compensation for Abandoned Evenheat Dryers?
11. What Are the Eligibility Requirements for Compensation for Excessive Repairs to the Electronic Control Board?
12. How Do I Make a Claim for Compensation Under the Settlement?
13. How Do I Obtain Additional Claim Forms?
14. What If I Previously Received from Sears Compensation or a Customer-Satisfaction Benefit for Problems with My Evenheat Dryer?
15. Who Is Paying Plaintiff’s Lawyers and the Settlement Administrator’s Expenses?
16. If the Court Approves the Class Settlement, What Will Happen to Any Claims I May Have Against Whirlpool or Sears?
17. Why Is Class Counsel Recommending the Class Settlement?
18. Who Will Represent Me in the Lawsuit?
19. How and When Will the Settlement Administrator Process Claims for Compensation?
20. If I Do Not Want to Participate in the Class Settlement, What Must I Do?
21. What If I Want to Object to the Class Settlement?
22. When Is the Fairness Hearing?
23. Where Can I Obtain More Information Regarding the Settlement?

1.   Why Did I Receive This Notice?

You received this Notice because records of Sears, Roebuck and Co. (“Sears”) indicate that you may be a purchaser or owner of an Evenheat dryer manufactured between March 1, 2001, and November 30, 2003.

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2.   What Is the Purpose of This FAQ?

The purposes of this FAQ are (a) to tell you of the proposed nationwide settlement of a class-action lawsuit that is pending against Whirlpool and Sears; (b) to tell you how this lawsuit and the Settlement may affect your rights and what steps you may take in relation to it; and (c) to outline the benefits that you may be eligible to receive under the Settlement.

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3.   What Is the Lawsuit About?

Plaintiff alleges that the electronic control boards on some Evenheat dryers contain a defect that has caused some of those dryers to malfunction both within the one-year written warranty period and after the warranty period.  Plaintiff alleges that some Evenheat dryer owners have paid for repairs or replacements of the electronic control board and that some owners have abandoned the use of their Evenheat dryers and purchased replacement dryers due to excessive repairs or replacements of the electronic control board.  Plaintiff’s lawsuit asserts claims against Whirlpool and Sears for breach of express warranty, breach of implied warranty, violations of consumer protection statutes, fraudulent concealment, uniform misrepresentation and common omission, and unjust enrichment.  The lawsuit seeks monetary damages from Whirlpool and Sears.

Whirlpool and Sears deny all of Plaintiff’s allegations of wrongdoing and assert numerous defenses to Plaintiff’s claims.

The Court has made no determination about the strengths or weaknesses of any of Plaintiff’s contentions or any of Whirlpool’s and Sears’ defenses.  Instead, Plaintiff, Whirlpool, and Sears have entered into a Settlement Agreement to end the litigation.  The Court has preliminarily approved the Settlement provided for in the Settlement Agreement, but the Settlement will not actually take effect unless and until (a) it is finally approved by the Court after the public Fairness Hearing on December 20, 2007, which is described below in Paragraph 22, and (b) following the Fairness Hearing, the Court grants final approval of the Class Settlement and, after 30 days from the entry by the Court of the Final Approval Order and the judgment therein, (i) no notice of appeal of the judgment has been filed, (ii) the time provided to take any such appeal has expired, and (iii) any right to take any such appeal has been waived or otherwise lost, or each such appeal that has been taken has been finally adjudicated and the judgment and Final Approval Order have been upheld in all respects by each such final adjudication.

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4.   Who Is Covered by the Class Settlement?

The Settlement Class consists of all persons in the United States and its territories who either (1) purchased a new and unused Evenheat dryer manufactured between March 1, 2001, and November 30, 2003, with the one-year written warranty provided by Sears with all new Evenheat dryers or (2) received as a gift, from a donor meeting those requirements, an Evenheat dryer not used by the donor or by anyone else after the donor purchased the Evenheat dryer and before the donor gave the Evenheat dryer to that person.  Excluded from the Settlement Class are officers, directors, and employees of Whirlpool, Sears, and their parents and subsidiaries, as well as judicial officers and employees of the Court, and persons who validly request exclusion from the Settlement Class as described in Paragraph 20 below.

The serial numbers for Evenheat dryers manufactured in 2001 begin with the letters “ML”; the serial numbers for Evenheat dryers manufactured in 2002 begin with the letters “MM”; and the serial numbers for Evenheat dryers manufactured in 2003 begin with “MP.”  For 2001 models, the serial number range included in the Settlement Class is ML10 through ML52.  (The two-digit numbers following the first two letters represent the calendar week of the year during which the machine was manufactured.)  For 2002 models, all serial numbers beginning with “MM” are included in the Settlement Class.  For 2003 models, the serial number range included in the Settlement Class is MP01 through MP46.  If your Evenheat dryer’s serial number does not begin with ML, MM, or MP, you are not a member of the Settlement Class.  To locate the serial and model numbers, open the door to your dryer and look for the label immediately above the opening to the dryer’s cavity.

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5.   Who Represents the Settlement Class?

The Court designated Joann Turbin as the representative of the Settlement Class.  The Court designated the law firm David P. Meyer & Associates Co., LPA, by David P. Meyer and Patrick G. Warner, and the law firm Maddox Hargett & Caruso P.C., by Thomas A. Hargett and Barbara Quinn Smith, as Class Counsel.

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6.   What Are the Benefits Available Under the Settlement?

Not all Class Members will qualify for a benefit.  The following different kinds of compensation are available to Class Members who are “Eligible Class Members” (as defined below) and meet the requirements described in Paragraph 9, 10, or 11 below:

• A cash reimbursement in the amount paid by an Eligible Class Member for qualifying repairs or replacements of the electronic control board (as defined below)
• A cash reimbursement in the amount paid by an Eligible Class Member for his or her new dryer, up to the purchase price the Eligible Class Member paid for his or her Evenheat dryer, if the Eligible Class Member abandoned the Evenheat dryer due to excessive repairs or replacements of the electronic control board (as defined below)
• A cash reimbursement in the amount paid by an Eligible Class Member for his or her Evenheat dryer, if the Eligible Class Member has experienced excessive repairs or replacements of the electronic control board (as defined below)

To qualify for any benefit, you must complete, sign, and submit a Claim Form as described below.

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7.  Who Is Eligible for Benefits Under the Settlement?

Eligible Class Members:  Under the Settlement, “Eligible Class Members” may apply for one of the kinds of compensation described in Paragraph 6 above.  To be an Eligible Class Member, you must satisfy all of the following criteria: 

1. You have not previously received from Sears either a full refund of the purchase price that you paid for an Evenheat dryer or a free exchange of an Evenheat dryer for a new dryer of any make and model.  If, however, you received a free exchange of an Evenheat dryer for a new Evenheat dryer and with respect to the new Evenheat dryer, you meet the requirements of paragraph 9, 10, or 11 below, you may become an Eligible Class Member with respect to the new Evenheat dryer.
2. You timely submit “Threshold Qualifying Documentation” (as described below), or Sears is able to locate the required proof in its service records if you are unable to produce the documentation, together with a properly completed and signed Claim Form.  Threshold Qualifying Documentation means sufficient documentary proof, created contemporaneously with the events described in this paragraph, of the following:
   1. That you experienced, within the initial one-year written warranty period, a performance problem with the Evenheat dryer’s electronic control board (“Warranty Problem”) (for example, failure of the dryer to complete a cycle, the dryer’s prematurely shutting down shortly after you pushed the start button, or any repair or replacement of the electronic control board, a relay, the display console assembly, or other subcomponent of the electronic control board), and
   2. within three years after you or your donor bought your Evenheat dryer (“Purchase Date”), you had the electronic control board repaired or replaced by a Qualified Service Technician (“Qualifying Repair”), and
   3. the date on which the repair or replacement was performed by the Qualified Service Technician (as described below).
      
      Examples of sufficient documentary proof that you actually experienced a Warranty Problem include, but are not limited to, a claim-form declaration, signed under penalty of perjury, that you experienced, within the initial one-year written warranty period, one or more performance problems with your Evenheat dryer’s electronic control board, or service-company records, invoices, or receipts showing that your Evenheat dryer experienced a performance problem with the electronic control board within the initial one-year written warranty period.
      
      Examples of sufficient documentary proof that you experienced a Qualifying Repair include, but are not limited to, cancelled checks, invoices, receipts, and service-company records that demonstrate that a Qualified Service Technician actually repaired or replaced your Evenheat dryer’s electronic control board within three years after the Purchase Date.
3. You timely complete, sign under penalty of perjury, and submit, in accordance with the Court’s instructions in this FAQ and in the Claim Form, a Claim Form and any required documentary proof showing that you meet the eligibility requirements of Paragraph 9, 10, or 11 below (as provided in Section II.A, II.B, or II.C of the Claim Form, respectively).

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8.  What or Who Is a Qualified Service Technician? 

A “Qualified Service Technician” is defined to include, but is not limited to, a Sears-authorized, Whirlpool-authorized, Maytag-authorized, GE-authorized, or other manufacturer-authorized service technician who performed the repair or replacement of your Evenheat dryer’s electronic control board.  If you called Sears to request repair service and Sears sent a service technician to your home to repair the electronic control board on your Evenheat dryer, that service technician is a Qualified Service Technician.

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9.   What Are the Eligibility Requirements for Reimbursement of Payments I Made for Prior Repairs?
 
If you satisfy all of the requirements to become an Eligible Class Member, as described in Paragraph 7, and if you paid for one or more repairs or replacements of the electronic control board in your Evenheat dryer within the time limits described below, you are entitled to receive a reimbursement payment for the dollar amount of each such payment you made for a repair or replacement that meets the additional requirements described in this Paragraph 9.  Whirlpool will reimburse you for the dollar amount or amounts you paid to repair or replace the electronic control board if you timely submit, together with your properly completed and signed Claim Form, sufficient documentary proof that you satisfy the requirements to become an Eligible Class Member, as described in Paragraph 7, and of the following:

1. That you actually paid for one or more repairs or replacements of the electronic control board by a Qualified Service Technician within three years after the Purchase Date (“First Paid Repair”) and the amount that you paid for such repair or replacement.
2. If you also are claiming reimbursement for a second paid repair, that you paid for one or more additional repairs or replacements of the electronic control board by a Qualified Service Technician within six months after the First Paid Repair (“Second Paid Repair”) and the amount that you paid for such repair or replacement.  No payment for a claimed Second Paid Repair shall be made in the absence of sufficient documentary proof that you actually received a First Paid Repair.
3. If you also are claiming reimbursement for a third paid repair or any additional paid repairs, that you paid for a third or additional repair or replacement of the electronic control board within three years after the Purchase Date and the amount that you paid for such repair or replacement.  No payment for a claimed Third Paid Repair or additional repair shall be made in the absence of sufficient documentary proof that you received First and Second Paid Repairs.
4. If you are a Service-Contract Owner (defined as an Eligible Class Member who purchased from Sears or another entity a service contract that provided service coverage for the Evenheat dryer beyond the initial one-year written warranty period) and are claiming reimbursement for a paid repair, that you are a Service-Contract Owner and that you actually paid for one or more additional repairs or replacements of the electronic control board by a Qualified Service Technician within six months after a Qualifying Repair that occurred within three years after the Purchase Date, and the amount that you paid for such repair or replacement.
5. Under this Paragraph 9, you are not entitled to reimbursement for any amount you paid for a repair or replacement of the electronic control board that occurred more than 42 months after the Purchase Date.

Examples of sufficient documentary proof for this Paragraph 9 include, but are not limited to, cancelled checks, invoices, receipts, and service-company records.  If you cannot provide such documentary proof, Sears will search its databases for proof of the claimed First, Second, Third, and additional paid repairs.  To the extent that the databases provide such proof, it shall satisfy the requirement that you submit such proof.  If you paid for more than one such repair or replacement, you will be eligible for reimbursement by Whirlpool for each such payment as to which you timely meet the requirements summarized in this Paragraph 9.

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10. What Are the Eligibility Requirements for Compensation for Abandoned Evenheat Dryers?

If you satisfy all of the requirements to become an Eligible Class Member, as described in Paragraph 7, and you abandoned all use of your Evenheat dryer due to excessive repairs or replacements of the electronic control board, you are entitled to receive the greater of (A) the sum of any amounts you paid for Qualifying Repairs that occurred within three years after the Purchase Date (as described in Paragraph 7), or (B) the amount that you paid for your new dryer, up to the purchase price you paid for your Evenheat dryer, if you timely submit, together with your properly completed and signed Claim Form, sufficient documentary proof that you satisfy the requirements to become an Eligible Class Member, as described in Paragraph 7, and of the following:

1. That you paid for the repair or replacement of the electronic control board by a Qualified Service Technician on at least two occasions within three years after the Purchase Date; and
2. That within three years after the Purchase Date, you experienced a third failure or repair (whether you paid to have it repaired or not) of the electronic control board; and
3. That within six months after the third failure or repair of the electronic control board you purchased a new dryer and ceased all use, by you or any other person, of your Evenheat dryer; and
4. The amount that you paid for your new dryer; and
5. The amount that you paid for your original Evenheat dryer.

Examples of sufficient documentary proof for this Paragraph 10 include, but are not limited to, cancelled checks, invoices, receipts, and service-company records.  Compensation under this Paragraph 10 will not be provided to you unless you sign, under penalty of perjury, the Sworn Statement in Section II.B of the Claim Form stating that you and any other person ceased using your Evenheat dryer and purchased a new dryer because of continuous problems with the electronic control board, rather than for some other reason, such as a change of residence, a desire for a new dryer or a dryer of a different size or color, or damage to your Evenheat dryer caused by something other than a malfunction of the electronic control board.

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11. What Are the Eligibility Requirements for Compensation for Excessive Repairs to the Electronic Control Board?

If you satisfy all of the requirements to become an Eligible Class Member, as described in Paragraph 7, and if you submit sufficient documentary proof that you have experienced excessive repairs to the electronic control board of your Evenheat dryer, as described in this Paragraph 11, you may choose to receive as compensation the greater of either (A) a payment equal to the purchase price you paid for your Evenheat dryer, or (B) reimbursement payments for First, Second, Third, and any additional paid repairs as specified in Paragraph 9 above.  To qualify for compensation under this Paragraph 11, you must submit sufficient documentary proof that you satisfy the requirements to become an Eligible Class Member, as described in Paragraph 7, and of the following:

1. That you have had the electronic control board replaced by a Qualified Service Technician on three additional occasions (i.e., in addition to the Qualifying Repair, for a total of four repairs) within 48 months after the Purchase Date; and
2. That you did not cease using your Evenheat dryer as specified in Paragraph 10 above.

Examples of sufficient documentary proof for this Paragraph 11 include, but are not limited to, cancelled checks, invoices, receipts, and service-company records.

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12. How Do I Make a Claim for Compensation Under the Settlement?

The deadline for filing claims under the Settlement has passed. If you did not submit a Claim Form prior to the January 15, 2008 deadline, you can no longer do so.

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13. How Do I Obtain Additional Claim Forms?

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14. What If I Previously Received from Sears Compensation or a Customer-Satisfaction Benefit for Problems with My Evenheat Dryer?

If you previously have received from Sears any form of compensation for problems with your Evenheat dryer (for example, a Sears gift card, a cash payment, a partial refund of your Evenheat dryer’s purchase price, a gift of a new product other than a new dryer, a discount off the regular price of a new dryer or any other new product, a coupon applicable to the purchase of a new dryer or any other new product), any compensation to which you would otherwise be entitled under Paragraph 9, 10, or 11 above shall be reduced as follows:

1. For any Sears gift card, cash refund, or other cash payment, the amount of that payment from Sears;
2. For any gift of any product, the standard retail price of that product prevailing when the gift by Sears was made;
3. For any specified dollar-discount off the price of any new product, the specified dollar amount;
4. For any specified percentage-discount off the price of any new product, the dollar amount determined by applying that percentage to the regular, then-prevailing price of that product; and
5. For any coupon applicable to the purchase of a product, the dollar amount specified on the face of the coupon.

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15. Who Is Paying Plaintiff’s Lawyers and the Settlement Administrator’s Expenses?

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16. If the Court Approves the Class Settlement, What Will Happen to Any Claims I May Have Against Whirlpool or Sears?

If the Settlement receives final judicial approval, it will result in a release by Plaintiff and all members of the Settlement Class (other than those members who timely request to be excluded from the Settlement Class in the manner described below in Paragraph 20) of all claims that Plaintiff or any member of the Settlement Class has alleged or could have alleged in this lawsuit against Whirlpool, Sears, and the other Releasees, as that term is defined by the Settlement Agreement, described as follows:

1. If you are an Eligible Class Member and file a claim for compensation under the Settlement, you will be releasing Whirlpool, Sears, and other Releasees, of all known and unknown claims, actions, and causes of action dealing whatsoever with Evenheat dryers, other than claims for personal injury, whether arising under federal, state, territorial, or local common law, statutes, ordinances, or regulations, and the Settlement is expressly intended to cover and include all such claims, actions, and causes of action, for losses or damages of any type, dealing whatsoever with Evenheat dryers.
2. If you are a Settlement Class Member and do not file a claim for compensation under the Settlement and also do not exclude yourself from the Settlement, you will be releasing Whirlpool, Sears, and other Releasees, of all known and unknown claims, actions, and causes of action dealing whatsoever with the electronic control boards of Evenheat dryers (including, but not limited to, failure of the dryer to complete a cycle, the dryer prematurely shutting down shortly after you pushed the start button, or any repair or replacement of the electronic control board, a relay, the display console assembly, or other subcomponent of the electronic control board), other than claims for personal injury, whether arising under federal, state, territorial, or local common law, statutes, ordinances, or regulations, and the Settlement is expressly intended to cover and include all such claims, actions, and causes of action, for losses or damages of any type, dealing whatsoever with the electronic control boards of Evenheat dryers.

This means that unless you exclude yourself from the Settlement as described in Paragraph 20 below, you will not be able to sue, or join another lawsuit against, Whirlpool or Sears on the claims involved in this lawsuit.

The foregoing summary does not supersede the terms of the Settlement Agreement and related exhibits and documents, which are available for public inspection during regular business hours at the U.S. District Court for the Northern District of Ohio, located at the Carl B. Stokes U.S. Court House, 801 West Superior Ave., Cleveland, OH 44113.  You also can read a complete copy of the Settlement Agreement at www.evenheatsettlement.com.

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17. Why Is Class Counsel Recommending the Class Settlement?

Class Counsel reached this Settlement after weighing the risks and benefits to the Settlement Class of this Settlement compared with those of continuing the litigation.  The factors that Class Counsel considered included the uncertainty and delay associated with continued litigation, a trial and appeals, and the uncertainty of particular legal issues that have been, or are yet to be, determined by the Court.  Class Counsel balanced these and other substantial risks in determining that the Settlement is fair, reasonable, and adequate in light of all circumstances and in the best interests of members of the Settlement Class.

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18. Who Will Represent Me in the Lawsuit?

If you choose to participate in the Settlement and do not exclude yourself from the Settlement Class in the manner described below in Paragraph 20, you will be deemed by the Court to be a “Settlement Class Member.”  As a Settlement Class Member you will be represented by Class Counsel, but will not be charged for the services of Class Counsel.  If you wish to remain a Settlement Class Member, but you do not wish to be represented by Class Counsel, you may hire your own attorney to represent you.  If you hire your own attorney, your attorney must file an appearance no later than November 12, 2007, with the Clerk of the Court, and must send a copy, by first-class United States Mail, to Class Counsel and Defendants’ counsel at the addresses provided in Paragraph 21, postmarked no later than November 12, 2007.  If you do not exclude yourself from the Class Settlement, you will continue to be a Settlement Class Member, even if you are represented by your own attorney.  You will be responsible for any fees and costs charged by your own attorney.

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19. How and When Will the Settlement Administrator Process Claims for Compensation?

A.   Validation of Claims:  The Settlement Administrator will begin reviewing all Claim Forms if, following the Fairness Hearing, the Court grants final approval of the Class Settlement and, after 30 days from the entry by the Court of the Final Approval Order and the judgment therein, no notice of appeal of the judgment or any order in the class-action lawsuit has been filed, the time provided to take any such appeal has expired, and any right to take any such appeal has been waived or otherwise lost, or each such appeal that has been taken has been finally adjudicated and the judgment and Final Approval Order have been upheld in all respects by each such final adjudication.  If you submit a timely Claim Form, the Settlement Administrator will evaluate it based on all the information and documentation you have provided.  If your Claim Form and accompanying materials do not meet all of the requirements specified above, your claim will be deemed invalid, the Settlement Administrator will deny your claim, you will not receive any reimbursement payment or other compensation, and you will be informed by mail of that decision.  If the Settlement Administrator denies your claim and you believe your claim should not have been denied, you may, if you wish to do so, obtain review of the denial by mailing the notice of denial and a copy of your Claim Form to Class Counsel by first-class United States Mail within 30 days of the postmark date on the Settlement Administrator’s notice of denial of your claim.  Class Counsel will attempt to resolve your claim with Whirlpool and Sears.  If, within 21 days after having received those materials from you, Class Counsel have been unable to resolve the dispute through negotiation with Whirlpool and Sears, Class Counsel shall, within 30 days after having received the materials from you, so notify you by first-class United States Mail and, with the notification, inform you that you may, within 30 days after Class Counsel mailed the notification, choose to initiate binding arbitration through Class Counsel, or through your own attorney at your own cost, for review of the Settlement Administrator’s denial.  The Parties will engage in binding arbitration before a qualified private arbiter or mediator approved and agreed upon by the Parties (the “arbiter”) to resolve the disposition of your claim.  Whirlpool will advance the arbiter’s fees and expenses.  The Parties will be permitted to file written statements to the arbiter setting forth their positions regarding your claim.  The Parties shall meet together with the arbiter only upon the request of the arbiter.  The arbiter’s decision on the appropriate disposition of your claim will be final.  After such arbitration, if you are the losing Party and you are a business or commercial entity, or a person who has submitted five or more claims pursuant to the Settlement, you shall pay the arbiter’s fees and expenses.  If you are the losing Party and you are an individual consumer who has submitted four or fewer claims pursuant to the Settlement, Whirlpool will pay the arbiter’s fees and expenses.  Whirlpool shall pay the arbiter’s fees and expenses if Whirlpool and Sears are the losing Parties.

Whirlpool and Sears may object to any claim approved by the Settlement Administrator as a Valid Claim if they believe it is fraudulent or not in compliance with the requirements of the Settlement Agreement.  Any such objection must be mailed to Class Counsel within 30 days after Whirlpool and Sears received from the Settlement Administrator written notice of the approval of the claim.  Whirlpool, Sears, and Class Counsel shall then attempt in good faith to resolve each such objection.  If Whirlpool, Sears, and Class Counsel are unable to resolve an objection, they will engage in binding arbitration to resolve the disposition of the disputed claim under the terms of the Settlement Agreement.  The arbiter’s decision on the appropriate disposition of the disputed claim will be final and binding.

C.   No Compensation Until Appeal Exhaustion:  If any notice of an appeal from the Final Approval Order or the judgment provided therein is timely filed by any party, objector, claimant, or other person, the Settlement will not be or become final or effective, Whirlpool will have no obligation to provide any compensation to any Settlement Class Member, and the Settlement Administrator will make no payment to any Settlement Class Member, unless and until each such appeal has been finally adjudicated and the Final Approval Order, including the judgment therein, has been upheld in all respects by each such final adjudication.

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20. If I Do Not Want to Participate in the Class Settlement, What Must I Do?

If you are a member of the Settlement Class, you have a choice whether or not to remain a Settlement Class Member and be represented by Plaintiff as class representative and by Class Counsel.  Either choice will have its consequences, which you should understand before making your decision.  If you choose to remain a Settlement Class Member, you will participate in and be bound by the Settlement, if it receives final judicial approval, and you will be precluded from bringing a similar lawsuit in any court.  If you choose to exclude yourself from the Settlement, you will not be bound by the Settlement, Class Counsel and the Settlement Administrator will have no further contact with you on this issue, and you will lose any right to participate in the Class Settlement.  You also will lose the right to have objections to the Class Settlement considered by the Court before it rules on whether to approve the Class Settlement.  You will be free to pursue any claims you may have against Whirlpool or Sears on your own behalf, but you will not be represented by Class Counsel.

To exclude yourself from the Settlement and Settlement Class, you must send the Settlement Administrator a Request for Exclusion that contains the following information:

1. The name of the lawsuit, Donna Wiatrowski and Joann Turbin v. Sears, Roebuck and Co. and Whirlpool Corp., Case No. 1:06CV00637;
2. Your full name and current address;
3. A specific statement of your intention to exclude yourself from this lawsuit (for example, “Exclude me from the Settlement Class in the Evenheat Dryer litigation.”); and
4. Your signature and the date on which you signed it.

Requests for Exclusion must be sent by first-class United States Mail, postmarked no later than November 12, 2007, to the Settlement Administrator at the address above.

If you do not comply with these procedures and the deadline for exclusions, you will remain a Settlement Class Member and lose any opportunity to exclude yourself from the Settlement, and your rights will be determined in this lawsuit by the Settlement Agreement, if it receives final judicial approval.

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21.      What If I Want to Object to the Class Settlement?

If you do not exclude yourself from the Class Settlement, you may, if you wish, object to the certification of the Settlement Class, to the terms of the proposed Settlement, or to Class Counsel’s request for an award of attorneys’ fees and costs.  To do so, you or your own attorney must file with the Court, and send to Class Counsel and Defendants’ counsel, a written objection and supporting papers that contain (1) the name of this lawsuit; (2) your full name and current address; (3) whether, on the date of your written objection, you own an Evenheat dryer manufactured between March 1, 2001, and November 30, 2003, and the serial number and model number of your Evenheat dryer; (4) each specific reason for your objection; (5) all evidence and supporting papers (including, but not limited to, all briefs, written evidence, and declarations) that you want the Court to consider in support of your objection; (6) your signature; and (7) the date of your signature.  If you wish to appear at the Fairness Hearing, on your own behalf or by your separate counsel, and be heard orally, you may do so only if you state in your written objection your desire to appear personally or by your separate counsel at the Fairness Hearing.  Objections must be filed with the Court, 801 West Superior Ave., Cleveland, OH 44113, and separate copies served on Class Counsel and Defendants’ counsel by first-class United States Mail, no later than November 12, 2007.  The copies to be served on Class Counsel and Defendants’ counsel must be mailed to the following addresses:

If you do not comply with these procedures or the deadline for objections, you will lose any opportunity to have your objection considered at the Fairness Hearing or otherwise to contest the approval of the Settlement or to appeal from any order or judgment entered by the Court in connection with the Settlement.

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22. When Is the Fairness Hearing?

On December 20, 2007, at 12:00 p.m. EST, the Court will hold a public hearing at the U.S. District Court for the Northern District of Ohio, located at the Carl B. Stokes U.S. Court House, Courtroom 18B, 801 West Superior Ave., Cleveland, OH 44113, to determine whether the Settlement Class was properly certified and whether the Settlement is fair, adequate, and reasonable and should be finally approved, with judgment entered accordingly.  The Court also will consider Class Counsel’s application for an award of attorneys’ fees and costs and any opposition thereto.  This hearing may be continued or rescheduled by the Court without further notice to the Settlement Class.  Settlement Class Members who support the Settlement do not need to appear at the hearing or take any other action to indicate their approval of the Settlement.  Settlement Class Members who object to the Settlement are not required to attend the Fairness Hearing.  If you want to be heard orally in opposition to the Settlement, either personally or through your own separate counsel, you must state in your written objection your intention to appear at the Fairness Hearing as set forth above in Paragraph 21.

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23. Where Can I Obtain More Information Regarding the Settlement?

If you have questions about the Settlement or anything in this FAQ, or if you did not receive a Settlement Notice in the mail and you believe you are or may be a member of the Settlement Class, you should contact the Settlement Administrator at the address, website, or toll-free telephone number listed in Paragraph 13 above, or visit Class Counsel’s websites (www.dmlaws.com or www.protectingtheconsumer.com), for more information or to request that a copy of the FAQ or Claim Form be sent to you in the mail.  If you wish to communicate directly with Class Counsel, you may contact Class Counsel by writing to David P. Meyer & Associates Co., LPA, 1320 Dublin Rd., Ste. 100, Columbus, OH 43215.  You also may seek advice and guidance from your own private attorney at your own expense, if you so desire.  This FAQ, which has been approved by the Court, is only a summary.  For more detailed information, you may review the Settlement Agreement, containing the complete terms of the Settlement, which is on file with the Court and available to be inspected at any time during regular business hours at the Clerk’s Office or at the Settlement Administrator’s website, www.evenheatsettlement.com.  You also may review the pleadings, records, and other papers on file at the Clerk’s Office.  The Clerk of the Court is located at the Carl B. Stokes U.S. Court House, 801 West Superior Ave., Cleveland, OH 44113.

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PLEASE DO NOT WRITE OR TELEPHONE THE COURT, WHIRLPOOL, SEARS, OR ANY APPLIANCE DEALER OR AGENT FOR INFORMATION ABOUT THE SETTLEMENT OR THIS LAWSUIT.