Sears class action lawsuit overview:
- Who: Four plaintiffs have filed a class action lawsuit against Transformco, which owns Sears Roebuck & Co.
- Why: Transformco continues to sell Kenmore refrigerators even though it allegedly knows that they have defective linear compressors that cause them to fail prematurely.
- Where: The Kenmore refrigerators class action lawsuit was filed in Illinois federal court.
Certain Kenmore refrigerators have a defective linear compressor that causes them to fail before their promised 10-year life expectancy, a Sears class action lawsuit alleges.
These allegedly defective Kenmore refrigerators “pose unreasonable risks of property damage and personal injury via food-borne illness during normal use,” according to the 54-page complaint.
Plaintiffs James Cristofoletti, Caroline Hatchett, Anthony Latuja, and Dean Nicosia filed the Sears class action lawsuit Mar. 2 against plaintiff Transform SR Brands LLC (Transformco), which owns Sears Roebuck & Co. and the Kenmore brand.
They claim that Transformco has known about the linear compressor defect in the Kenmore refrigerators for several years, but continued to misleadingly advertise the products as reliable.
Linear compressor is critical component in Kenmore refrigerators, Sears class action explains
The Sears class action lawsuit explains that the compressor is a critical component to the operation of a refrigerator and its ability to maintain cool temperatures.
The plaintiffs allege that there are two causes of the linear compressor defect. First, they say that the tubing of the compressor evaporator is prone to corrosion, which can eventually create pinholes through which refrigerant can enter the tubing, putting excess pressure on the compressor and causing it to fail.
Second, the Sears class action lawsuit says the defective compressors have a discharge valve that is weak and prone to fail even with ordinary use.
The allegedly defective linear compressor, which is manufactured by LG Electronics, are found in the following Kenmore refrigerators models: 72372, 72373, 72379, 72482, 72483, 72489, 73055, 73105, 74012, 74012, 74013, 74013, 74015, 74019, 74022, 74023, 74023, 74024, 74025, 74029, 74032, 74033, 74039, 74042, 74043, 74049, 74053, 74063, 75049, 79983, and 79993.
Replacement compressors fail prematurely in Kenmore refrigerators, plaintiffs say
LG reportedly distributes a replacement compressor for these Kenmore refrigerators, but these replacements routinely fail before the industry standard of 10 years, the plaintiffs say.
According to the Sears class action lawsuit, the Kenmore refrigerators come with a one-year express manufacturer’s warranty and a 10-year express manufacturer’s warranty for the linear compressor.
The plaintiffs say that Transformco should have been aware of the compressor defect in Kenmore refrigerators because of numerous consumer complaints. They also note that there have been two class action lawsuits filed over the alleged LG compressor defect, both of which resulted in settlements that excluded Kenmore refrigerators.
However, Transformco allegedly failed to notify consumers about the defect and continued to sell the allegedly defective Kenmore refrigerators.
The Sears class action lawsuit asserts claims for breach of implied warranty of merchantability, violation of the Deceptive Trade Practices Act, and violation of various state consumer protection laws.
Last year, a similar Kenmore refrigerators defect class action lawsuit was dismissed.
Did you purchase one of the allegedly defective Kenmore refrigerators? Tell us about your experience in the comments!
The plaintiffs are represented by Jason L. Lichtman, Jonathan D. Selbin, Andrew Kaufman, John T. Nicolaou, and Margaret J. Mattes of Lieff Cabraser Heimann & Bernstein LLP, and Joseph S. Tusa of Tusa PC.
The Kenmore refrigerators class action lawsuit is James Cristofoletti, et al. v. Transform SR Brands LLC, Case No. 1:23-cv-01318, in the U.S. District Court for the Northern District of Illinois.
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198 thoughts onSears class action claims Kenmore refrigerators failed before warranty expired
Purchased a kenmore elite model 111.7331512 bottom freezer refrigerator $2900 on 2/25/22 expecting delivery 3/3/25. Everything was great until just over a year when the ice maker stopped working. Ice maker was fine. Something behind it frozen up. Now 6 months ago slow ice started. Then no ice. We called for repair . It just happened to get the same repairman as before! It was frozen up again.! Same thing! He thawed it out! No parts available for this model anymore he states. He also stated that it will happen again and he recommends getting rid of it while it is working. $265 repair! For melting ice. I’m just appalled at this and only can get AI on calls no real people. I thought I was buying a top model fridge for once in my lifetime and get a disaster!
What am I to do now that my Kenmore Elite Model 74043 Refrigerator has quit working? Can I join the class action lawsuit? What am I supposed to do with my refrigerator? I obviously need to buy a new one to replace this one because any repair is futile. Can someone please advise me?
Purchased Kenmore Elite Bottom Freezer Refrigerator 111.72692120 March, 2022. Had it delivered and set up by Sears Authorized delivery service. Refrigerator and Freezer portions no longer cooling or freezing as of December, 2024. Had service come out to do ‘full diagnostic’ to be told it was the inverter board which is not covered by warranty and the part was no longer available from the manufacturer. We were able to find the part and had it installed to find out that was not even the problem at all and apparently we didn’t get the ‘full diagnostic’ as we were told. Called Sears back out for another $129 fee this month to find out that the compressor is bad/shorting out and is covered under the manufacturer 5 year warranty for the sealed refrigerant system but same problem which was also confirmed again today by their parts department-the compressor is no longer available from the manufacturer ‘but there are other vendors out there that have it available.’ Was told I could Google it and find the part but Sears won’t reimburse b/c part not from their parts department. Advised that the only thing that I can do is to just buy another refrigerator. They are aware that this refrigerator is less than 3 years old and won’t replace/repair/or compensate the owner of the refrigerator. Have talked to at least 15 different people or more through Customer Services, Warranty Department, Part Department. Even called Transform SR Brands Management LLC-tried to talk to a person-said b/c I called today I get $100 off my next purchase to press 1 or hang up-wasn’t given other options so pressed 1-once I told her wasn’t sure I wanted the $100 off next purchase I was hung up on.