Whirlpool gas water heater customers in California may be getting some relief from their involuntary cold showers if a pending class action lawsuit is successful. Meanwhile, it appears Whirlpool has done nothing to fix the malfunctioning heater since ConsumerAffairs.com first reported on it in May.

Attorney Richard Doherty filed a motion seeking class certification in the California last month against Whirlpool and the gas water heater's manufacturer, American Water Heater Company (AWHC). The trial date is set for August 21, 2007. The lawyers in the case said they may try similar Whirlpool/AWHC class action suits in other states depending on the success of thie California case. Dostudio authoring edition.

Over 160 complaints in the ConsumerAffairs.com database tell a similar story: 'I purchased a new 50-gallon Flame Lock water heater with a 12-year warranty,' Rick Carlton of Orange, Calif. 'Seven weeks later, I had no hot water and was told that the thermocouple had gone bad.' Even repairmen have grown tired of these water heaters. 'I am a service tech who quite often works on Whirlpool water heaters,' wrote Rob of Springfield, Ohio.

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'I'd say about 95% of water heater service calls are for these junk heaters. We have lost several customers because of reoccurring problems every few months (and yes we clean bottom screen and do not over-tighten thermocouple). I highly recommend that you pass on these heaters, no matter how good their warranty looks, because chances are it will cost you more in the long run.'

Indeed, if a consumer follows the directions in their water heater manual and the advice of Whirlpool's spokespeople, this can all be avoided. Unfortunately, if a consumer actually follows those same directions, they will spend around $600 in plumber visits and parts in one year -- well beyond the original price of the water heater. 'It would be cheaper for a consumer to buy a new water heater every year than to put up with the maintenance,' said Doherty, of Horwitz, Horwitz & Associates, a Chicago law firm. Corporate Double-Speak Last May, Whirlpool spokeswoman Judy Lau said homeowners can prevent the thermocouple from malfunctioning by cleaning the flame-trap and combustion chamber every three months ().

The water heater manual, however, does not specify how frequently this needs to be done. The manual simply suggests that, 'At least annually, a visual inspection should be made of the venting and air supply system, piping systems, main burner, pilot burner, and flame-trap.' In May, Lau made it sound like cleaning the combustion chamber was a simple procedure that any customer could do on his or her own. However, the manual states that this 18-step process 'should be performed by a qualified service technician.'