Anne Bucher  |  March 8, 2023

Category: Appliances

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Store front of Sears
(Photo Credit: Niloo/Shutterstock)

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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166 thoughts onSears class action claims Kenmore refrigerators failed before warranty expired

  1. Jason R Huff says:

    Ditto!!! My Kenmore model 73022120 is less that year old, still under manufacturers “warranty” has been “repaired” three times in less than a year. I am currently waiting for parts and have been for the last 2 months! I have tried calling a dozen different numbers, e-mailing and “chat bot” interactions with ZERO results. They tell me that they “sympathize” and are “elevating” my complaint(s) but thus far nothing. I would love few things more than to join this lawsuit. Worst consumer experience of my entire life!

  2. Nick DeSantis says:

    Just under 5 years and my Kenmore Elite is shot. Every repairman stated that they are aware of many of these going bad & all suggested not to by any LG refrigerators either.

  3. Daniel Dykstra says:

    My Kenmore elite was purchased in 2017. Failed two years. Sitting in my garage. Repairmen said warranty compressor took 6 months to get. He would repair with his new compressor for @$1200. Gross!!! We bought a new but smaller refrigerator as we did not trust that guy nor Kenmore.

  4. Sara says:

    I had my kenmore elite since 2017 and nothing but trouble every two years. Would get ice in the. drawers bins to failing compression now for the 3rd time. Just remodeled my kitchen and of course the refrigerator failed. Did not give it a 2nd thought to have a technician come out to diagnose and fix specially since last repair was $615 labor only. I can’t imagine with the increase in prices what it would cost now even if the compressor under warranty. Refrigerator shopping it is. Never Buy LG component refrigerators. Worse components ever.

  5. Frances Bonn says:

    Another one bites the dust! Kenmore Elite just died – service technician just gave me the bad news. To top things off, I stayed away from LG when shopping for a fridge because I heard they were no good. I trusted good ol’ Kenmore though! And still, it was an LG

  6. Georgina. Ortega says:

    Purchased the Kenmore Refrigerator in July 2017 and in January 2019 stopped working! Was not aware that refrigerator. Had a compressor no one would come out because of pandemic!!!! Calle sears customer service and they could not send anyone out.. finally a n air conditioner man came out total bill was 1000 dollars ha d no choice to buy a new one I had to wait 3 to 4 months……..

  7. Hilario Pérez says:

    Kenmore Elite refrigerator stopped working right at the 2 year mark. Very hard to get someone on the phone or by email from Kenmore

  8. Ruthie Jhudovitz says:

    My compressor went a year and 28 days after I purchased and I would like to join the suit.

  9. DON GRONSTAL says:

    My Kenmore Elite refrigerator Model 79574024 411 compressor went out before the ten year warranty. It was purchased February 2016. What should I do to add to this suit?

    1. Vicki Frey says:

      I purchased a Kenmore Elite fridge from Sears August 2016. It stopped cooling December 21, 2022. Repair man sent told me it has an LG compressor and for $850 he would replace compressor but everything else will break down from having faulty LG compressor. I bought another fridg rather than go through that (after research showed me it’s true. I have kept the broken one in hopes of justice some day.

  10. Nick Neelson says:

    Same as everyone else. 5 years old and compressor stopped working. Worst part is I have medication that needed to be kept cold. Very expensive and had to pay out of pocket to replace the meds. What do I do?

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