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This settlement is closed!
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A settlement has been reached in a class action lawsuit alleging certain barbecue grills sold by Sears Roebuck and Co. were manufactured with defective firebox trays that were prone to rusting and failing prematurely.
If you purchased or received a Kenmore brand gas grill with a galvanized steel firebox, you may be entitled to benefits from the Kenmore grill class action settlement.
Plaintiff Michael Oaks initially filed the Kenmore grill class action lawsuit against Sears in December 2015, alleging certain Kenmore grills with firebox trays made of galvanized steel were defective and posed a safety hazard. He asserts that the firebox trays may disintegrate and expose the grills’ propane tanks to open flames.
According to the Sears class action lawsuit, the firebox tray defect manifests during the useful life of the Kenmore grill and that it occurs during normal use and operation of the grill.
“Sears knew or should have known that the Grills are defective, not fit for their intended purpose, and unsafe to use as intended,” Oaks argues in the Kenmore class action lawsuit. “Nevertheless, Sears has actively concealed and failed to disclose the Defective Firebox Tray to Plaintiff and Class members, both before and after purchase.”
Oaks claims that Sears routinely failed to repair the grills when the firebox defect manifests, and that owners of the affected Kenmore grills had to spend around $300 per repair.
Sears denies any wrongdoing and maintains the Kenmore grills weren’t defective in any way. However, the company has agreed to settle the Kenmore grill class action lawsuit to avoid burdensome and costly litigation.
Sears has discontinued the manufacture and sale of Kenmore grills with galvanized steel firebox trays.
If you would like to object to or opt out of the Kenmore barbecue grill class action settlement, you must do so no later than March 13, 2017.
Who’s Eligible
You are a Class Member of the Sears barbecue grill settlement if you purchased or received (not for resale) a new Kenmore grill with a galvanized steel firebox that was manufactured between Oct. 1, 2011 and Sept. 30, 2014 and which bears one of the following model numbers:
- 01566
- 03495
- 16142
- 16154
- 23673
- 23676
- 23681
- 23682
- 23683
- 23766
- 34172
- 34176
- 34178
- 34308
- 34611
Potential Award
Up to $300.
Eligible Class Members may submit a Claim Form to receive one of the following benefits (only one type of benefit is available for each grill):
- Class Members who, on the effective date of the settlement, possess a grill that is in need of repair can elect to receive either a free firebox repair, a $180 Sears gift card or a $125 cash payment.
- Class Members who do not possess their grill on the effective date of the settlement (and who did not purchase a replacement) but who can provide evidence of material rusting of their firebox can receive either a $180 Sears gift card or $125 cash payment.
- Class Members who, on the effective date of the settlement, possess a Model 23682 grill, which cannot be repaired, can receive either a $180 Sears gift card or a $125 cash payment.
- Class Members who, on the effective date of the settlement, possess a grill and have already paid Sears to repair the grill are eligible for reimbursement of the amount paid to Sears to repair or replace the firebox.
- Class Members who purchased a replacement grill prior to the effective date of the settlement can receive either a repair kit or up to $300 in cash as reimbursement for the price of the replacement grill.
- Class Members who purchased the Kenmore grill between Jan. 1, 2011 and Dec. 31, 2013, and who purchased a replacement within 2.5 years of the original purchase but who do not possess the grill on the effective date of the settlement (and cannot provide photographic evidence showing rusting of the firebox or a complaint to Sears about rusting) are eligible to receive a $45 Sears gift card.
Under the terms of the Kenmore grill class action settlement, “material rusting” means rust that affects the structural integrity of the firebox tray. Evidence of material rusting may include a visible hole and/or break in the firebox caused by rust.
Proof of Purchase
Class Members should submit proof of purchase of the Kenmore grill (if that information is not in Sears’ records) or certification that the Kenmore grill was received as a gift in new condition.
If applicable, Class Members should provide proof of purchase of any replacement grill that was purchased. Class Members may also be required to submit photographic evidence of material rusting of the firebox.
Please follow the instructions on the Claim Form carefully before submitting your claim.
Claim Form
Claim Form Deadline
1/26/2018
Case Name
Oaks, et al. v. Sears Roebuck and Co., Case No. 1:15-cv-11318, in the U.S. District Court for the Northern District of Illinois, Eastern Division
Final Hearing
4/12/2017
UPDATE: The Kenmore Barbecue Grill settlement received final approval from the court on April 13, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: On Sept. 4, 2018, Top Class Actions viewers started receiving checks from the Kenmore grill class action settlement worth as much as $125. Congratulations to everyone who filed a claim and got PAID!
Settlement Website
www.KenmoreFireboxGrillSettlement.com
Claims Administrator
Kenmore Firebox Grill Settlement
Settlement Administrator – Rust Consulting
P.O. Box 2563
Faribault, MN 55021-9563
1-888-334-6162
Class Counsel
SHEPHERD FINKELMAN MILLER & SHAH LLP
STEPHAN ZOURAS LLP
CUNEO GILBERT & LADUCA LLP
POGUST BRASLOW & MILLROOD LLP
Defense Counsel
J. Theodore Gentry
WYCHE PA
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132 thoughts onKenmore Barbecue Grill Class Action Settlement
Informed Delivery from this settlement today, anyone else?
Also still waiting. I have not seen or heard anything as of yet. Also sent the proof of purchase and photos. Need my grille fixed.
No check yet.
For those that have received check does it come in envelope from sears?
I am confused. I received $125 check for this class action a long time ago. Months ago. ???
I wish I knew about this settlement. My grill has been a useless deck ornament for 2 years since I found the hole in the firebox. Received it as a gift, and it didn’t last 2 years before rotting away. Will never purchase feom Sears again.
I called a couple of weeks ago as well. They said that the payments would be staggered through the end of April. I have not yet received my check.
I am still waiting. I have not seen or jeard anything as of yet. Feels like forever simce i sent the proof of purchase and photos.
I got my $125 check a couple of weeks ago. I had called the number listed somewhere in the information about this settlement and they were actually pretty helpful. They told me my name is in the system and there would be a decision soon. Two weeks later I get the check. They said that MOST people should receive the award by the end of March. If not, to call them.
Same lol
I see I have something in my informed delivery today… but it says important legal documents?? has anyone received anything from them recently?
I have the same thing in my informed delivery
I am hoping it’s my check and not something else i have to fill out! Have you opened yours yet?