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Below you will find information regarding the Maytag Neptune class action lawsuit settlement, and is intended for informational purposes only, which is provided "as is" without warranty.

What is this lawsuit about?

This lawsuit alleges that owners of Maytag® Neptune® Front-Load Washing Machines have claims concerning the door latch, wax motor, motor control and related circuit board failures, causing the machines to function improperly and users to experience odor, mold and mildew. They are asking the Court for repayment of the money spent to purchase and/or repair their Neptune® washers or damages equal to the diminished value of their appliances. Maytag has responded that it's product is not defective, denies that it did anything wrong, and contends that it attempted to fix or repair all concerns raised by its customers.

The Court in charge of the lawsuit is the Circuit Court for the State of Illinois, 20th Judicial Circuit, St. Clair County, Illinois. The name of the lawsuit is Mink v. Maytag Corporation, Civil Action No. 03L47. The person who sued is called the Plaintiff, and the company they sued, Maytag, is called the Defendant.

How do I know if I am part of the Settlement?

To see if you can get benefits from this Settlement, you first have to know if you are a Class Member. The Court has said you are a Class Member if you purchased a Maytag® Neptune® Front-Load Washing Machine any model, including stackables any time after April 1, 1997 and before August 9, 2004.

I recently purchased a Maytag Neptune machine and have not experienced any of the Class Claims; however, I want to be included in the Settlement in the event that I do experience these “problems” in the future. What should I do?

If you are not currently experiencing any of the Class Claims, you are not entitled to benefits under this Class Action Settlement. However, if you experience problems before August 9, 2005, you should fill out a Claim Form and Maytag will provide you with a free repair or a Washing Machine Purchase Certificate.

What does the Settlement provide?

In addition to free repairs, the Settlement Agreement makes available three categories of benefits to Class Members. The first is Repair Reimbursement; the second is Replacement Cost; and the third is Purchase Certificates.

In order to exclude myself, do I need a “Request for Exclusion” Form?

You do not need a formal Form. A letter requesting exclusion will suffice.

I have experienced one or more of the Class Claims, but I have not had my machine serviced or I have not incurred any out-of-pocket expenses. Do I still have a claim? Do I need to have a Maytag repairman come to my house to document the problem?

Yes, if you have experienced any of the four Class Claims prior to August 9, 2004, you may be eligible for relief. You do NOT need to have had prior service on your machine to get service as part of this settlement. Also, you do not need to have a repairperson look at your machine to document the problem. If you have had prior service, go to Section II of the Claim Form and check the appropriate box. At Maytag's election, you will be provided with a washing machine purchase certificate or contacted to schedule a free repair after the settlement has been approved. We are hoping that the settlement will be approved on November 22, 2004. There is no need to call Maytag to schedule a repair since Maytag is not handling the scheduling of the repairs at this time.

I am confused about the August 9, 2004 date. Please explain what is covered before that date and what is not covered by this Settlement after that date.

August 9, 2004 is the date that the Court gave “preliminary approval” of this proposed settlement. No purchases of Neptune machines purchased after that date are covered by the Settlement.

All out of pocket expenses that were incurred before August 9, 2004 relating to repairs for one of the four Class Claims are eligible for reimbursement under the Settlement. Please note that you will not be reimbursed if you pay out of pocket for the repairs after August 9, 2004.

However, the Settlement will not cover any money you spend to purchase a new washing machine to replace your Neptune if the purchase was made after August 9, 2004.

If you have experienced a problem after August 9, 2004 that falls within the scope of the Class Claims, Maytag will, at its option, either attempt to fix the problem or issue you a Washing Machine Purchase Certificate. Please see paragraph 7 of the Notice for more details on the Washing Machine Purchase Certificate.

I am experiencing a Class Claim right now, and my machine is not operable.

If your Maytag Neptune Front-Load Washing Machine is not operating due to a Class Claim(s), please contact Maytag directly at 1-888-4-MAYTAG. Maytag will work with you to get your Washing Machine repaired as soon as possible. Please note that repairs performed by a non-Maytag entity after August 9, 2004 will not be reimbursed.

What are Repair Reimbursements?

Maytag will reimburse reasonable out-of-pocket costs related to repairs which are the subject of the lawsuit, including odor, mold or mildew accumulation, door latch/wax motor, motor control, or related circuit board failures. Reimbursable costs are limited to those incurred prior to August 9, 2004. The cash payments to Class Members for Repair Reimbursements are limited to a maximum of $2,000,000.00. If eligible claims exceed $2,000,000.00, the cash distribution will be made on a pro rata basis with the shortfall being made up by the issuance of Appliance Purchase Certificates.

What are Replacement Costs?

Maytag will pay each Class Member up to five-hundred-dollars, subject to depreciation, if the Class Member already bought a new washer to replace their Maytag® Neptune® Washing Machine prior to August 9, 2004. The amount of the reimbursement to qualified Class Members will range from $100.00 to $500.00, depending upon the number of years of ownership by the Class Members. A breakdown is provided in the Notice. The cash payments to Class Members for Repair Reimbursements are limited to a maximum of $2,000,000.00. If eligible claims exceed $2,000,000.00, the cash distribution will be made on a pro rata basis with the shortfall being made up by the issuance of Appliance Purchase Certificates.

What are Washing Machine Purchase Certificates?

Class Members may also be eligible to receive Washing Machine Purchase Certificates. Class members can use the Washing Machine Purchase Certificates to purchase a new Neptune Top-Load Washing Machine if their current machine suffers from any of the Class Claims, including odor, mold or mildew accumulation, door latch/wax motor, motor control, or related circuit board failures and Maytag is not able to repair the condition. Washing Machine Purchase Certificates range in value from $200.00 to $1,000.00, depending on the age of the machine. A breakdown is provided in the Notice.

What are the qualifications for obtaining free repairs and the Washing Machine Certificate?

Maytag has agreed to attempt to fix your machine without cost to you. If not successful after a listed number of attempts, you will be issued a Washing Machine Purchase Certificate.

If you purchased your Maytag® Neptune® Front-Load Washing Machine before March 1, 2000, at it's election Maytag can make one repair attempt prior to August 9, 2005.

If you purchased your Maytag® Neptune® Front-Load Washing Machine after March 1, 2000, at it's election Maytag can make two repair attempts prior to August 9, 2005.

If you purchased your Maytag® Neptune® Washing Machine after March 1, 2000, and you already had two service calls for the same claim prior to August 9, 2004, Maytag can make only one additional repair attempt. Class Members are not responsible for any costs associated with Maytag's repair efforts and Maytag, at it's sole discretion, may elect to immediately provide a Washing Machine Purchase Certificate to the Settlement Class Member instead of providing repairs.

I no longer have all of the proof that is requested on the Claim Form. Can I still participate?

Please submit copies of all invoices, receipts, cancelled checks, credit card statements, service reports, etc. that demonstrate you purchased your Neptune, have had it serviced, or purchased a replacement machine. A failure to include all of the proof requested on the Claim Form may result in rejection of your claim.

What if my Front-Load Washing Machine is not currently operating?

If your Front-Load Washing Machine does not operate due to a Class Claim, please contact Maytag directly at 1-888-4-MAYTAG. Maytag will work with you to get your Front-Load Washing Machine repaired as soon as possible.

If your Front-Load Washing Machine is operable, but you do have a Class Claim in need of repair, you must fill out and timely submit a Claim Form (See Question 11 below regarding sending in Claim Forms). At its election, Maytag will either perform the Class Claim repair or issue you a Washing Machine Purchase Certificate.

How can I use a Washing Machine Purchase Certificate?

A Settlement Class Member may use the Washing Machine Purchase Certificates at any retailer to purchase a new Neptune Top-Load Washing Machine, but the Washing Machine Purchase Certificate must be mailed directly to Maytag for redemption. The Washing Machine Purchase Certificates cannot be transferred or aggregated and must be redeemed within twenty-four months of issuance.

The Washing Machine Purchase Certificates can only be used for the purchase of one Neptune Top-Load Washing Machine. If the value of a Washing Machine Purchase Certificate exceeds the cost of the Neptune Top-Load Washing Machine, no cash, credit or other refund will be made. Maytag will pay for the delivery of the Maytag Washing Machine and for disposing of the Settlement Class Members' Maytag Neptune Front-Load Washing Machine to the extent these costs are not covered by the retailer. Maytag reserves the right to demand that the Settlement Class Members' Maytag Neptune Front-Load Washing Machine be returned to Maytag.

Are the cash payments for Repair Reimbursement and Replacement Costs subject to any conditions?

Yes. The total cash payments to Class Members for Repair Reimbursements and Replacement Costs are limited to a maximum of $2,000,000.00. If eligible claims exceed two million dollars, the cash distribution will be made on a pro rata basis. If a portion of Class Members' out-of-pocket costs are not reimbursed, the Class Member will receive an Appliance Purchase Certificate to make up for the amount of the shortfall.

These Appliance Purchase Certificates may be used at any major retailer or other retail outlet for the purchase of a Maytag® Major Appliance which would include a Maytag refrigerator, dishwasher, washer, dryer, or free-standing range. The Maytag Major Appliance may be purchased at any retailer, but the Appliance Purchase Certificates must be submitted to Maytag, together with proof of purchase of the Major Appliance and eligibility, for redemption. These Appliance Purchase Certificates are transferable, but cannot be aggregated with any other certificate or rebate program.

How can I get a cash payment or Washing Machine Purchase Certificate?

To qualify for a cash payment or certificate, you must send in a completed Claim Form. You have until May 2, 2005 to send in your Claim Form for any cash reimbursement or Washing Machine Purchase Certificate under the Repair Reimbursement and Replacement Costs benefits. Appliance Purchase Certificates will only be issued if a pro rata cash distribution becomes necessary.

You have until August 9, 2005 to send in your Claim Form for service repairs and/or Washing Machine Purchase Certificates.

You must include any documentation the Claim Form asks for along with the completed Claim Form.

Mail your completed Claim Form to:
Maytag® Neptune® Claims Administrator

O. Box 6198

Novato, CA 94948-6198
Remember, if you don't send a Claim Form, you can't get a payment or a certificate.

When will I get my payment or certificate?

On November 22, 2004, the Court will hold a hearing to decide whether to finally approve the Settlement. If the Court finally approves the Settlement, a Claims Administrator appointed by the Court will begin reviewing each Claim Form submitted. Please note that there is often delay after a Settlement like this is approved. For example, there may be appeals, and payments can't be made until all appeals are finished. Because of this, there could be a delay of several months before the first claims are reviewed and paid.

What if I don't want to be part of the Settlement or the Class?

You do not have to take part in the Settlement or be a Member of the Class. This is called “excluding” yourself. If you exclude yourself, you cannot get any compensation or other benefits from the Settlement and you cannot object to the Settlement. Any Court orders will not apply to you. By excluding yourself, you also keep the right to file your own lawsuit against Maytag about any alleged claims concerning the Neptune® Front-Load Washing Machines.

To exclude yourself, you must sign a Request for Exclusion that states that you want to be excluded from Mink v Maytag Corporation, Civil Action Number 03L47. Please note, there is not a "Request for Exclusion" form. Your Request for Exclusion must be mailed and postmarked before November 8, 2004, to:

Maytag® Neptune® Claims Administrator

O. Box 6198

Novato, CA 94948-6198

If you do not follow these instructions properly, you will lose your right to exclude yourself.

If you exclude yourself, you cannot get any benefits from the Settlement and you cannot tell the Court you don't like the Settlement (which is called “objecting”). If you exclude yourself, you are no longer part of the Class or the Settlement.

How do I tell the Court if I don't like the Settlement?

If you're a Class Member and don't exclude yourself, you can tell the Court you don't like the Settlement or some part of it. This is called objecting to the Settlement. The Court will consider your views.

To object, you must send a pleading or letter that contains all of the following:

The name and title of the lawsuit, Mink v. Maytag Corporation, Civil Action No. 03L47
Adequate Proof that you are a member of the Class, including an affidavit with documentary evidence indicating that you in fact own a Maytag® Neptune®
A statement of each objection you have and the facts that support the objections
A citation of any law, if any, supporting the objections
A statement on whether or not you or your lawyer will ask to appear at the Fairness Hearing to talk about your objections

Copies of any documents you or your lawyer will present at the Fairness Hearing
Your objection letter must be delivered on or before November 8, 2004 to all three of these addresses:

Clerk of Court
Circuit Court for the 20th Circuit
St. Clair County
10 Public Square
Belleville, IL 62220

Joseph P. Danis
Carey & Danis, LLC
8235 Forsyth Blvd., Suite 1100
Saint Louis, MO 63105

John R. Doyle
Elizabeth B. Herrington
McDermott, Will & Emery LLP
227 West Monroe St.
Chicago, IL 60609
If you do nothing, you will not automatically get any benefits from the Settlement. Instead, you must timely send a Claim Form to obtain any benefits under the Settlement.

If you are a Class Member and do nothing, you will also be part of the Class and all of the Court's orders will apply to you. You won't be able to start a lawsuit or be part of any other lawsuit against Maytag about the claims in this lawsuit, ever again.

The Notice summarizes the Settlement. More details are available in the Settlement Agreement. You can get a copy of the Settlement Agreement from the Claims Administrator by calling toll-free, 1-866-288-0515, or writing to: Maytag® Neptune® Claims Administrator, P.O. Box 6198, Novato, CA 94948-6198. You can also look at and copy the legal documents filed in this lawsuit at any time during regular office hours at the Office of the Clerk of the Court, Circuit Court for the State of Illinois, Twentieth Judicial Circuit, St. Clair County.