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. Rick Tollner says:

    Same issue here $1400 to repair we had insurance for compressor.

  2. Thurston Lynch says:

    Same problem as everybody else. No help from Sears. Even had extended warranty which expired 3 days before it went out and I called. Is there any remedy out there for customers affected by this? No wonder Sears closed.

  3. Chris B says:

    I have a Kenmore elite 795. 75043 at the Linear compressor has failed If anyone has had any success getting any repairs or refund please contact me

    1. Myrta Encinas says:

      I have a kenmore elite refrigerator and the compressor went out and can’t find someone to fix it

  4. Natasha Thode says:

    Purchased a Kenmore Elite French Door, Model # 795.74023.410 in August 2018, refrigerator just stopped cooling and freezing on 4/14/23. Have contacted every possible repair services within 150 miles and they all say the same thing, they can’t get parts and its the compressor. Bought this through SEARS who is of NO help. They claim they don’t have a technician in our area. Lost all of our food and now had to purchase a new refrigerator! Will NEVER buy another Kenmore again or go through SEARS. The worst customer service ever.

  5. Jenn says:

    Add me

  6. BARBARA L ROGERS says:

    please add me

  7. TERRY l CALVERT says:

    We purchased a kenmore refrigerator on 11-23-2018 model number 795.72597.710 from sears the compressor went out on 1-4-2023. we have had 3 different repair companies come out to look at it. All 3 have said the same thing the compressor is bad, and that the replacement compressor that LG uses are not going to last any longer than this one. They went on to tell me about the defect in the compressor system that LG makes for the refrigerator and that they do not want to work on it. The refrigerator was prices at $3899 when we purchased it in 2018.
    It seems that sears and Lg do not want to stand behind there products. Luckily we have an older fridge in our garage that is 24 years old to use. Can i join in the lawsuit to make them stand behind the products they sell. thank you

  8. Matthew Quiriarte says:

    We have a Kenmore refrigerator model number 795.70333.411 That just recently tripped the breaker and left a strong burning smell in my home. It is approximately 5 years old and without warranty, Please contact me if there is anyway I can join this lawsuit because this is ridiculous.

  9. Amy Wandrey says:

    Sears warranties are junk. Trying to contact a live person that can do anything is frustrating to say the least! I have been trying for almost 2 yrs to obtain something/anything that allows us to file a claim for a water softener with a hole in it. Nothing but the run around with them.

  10. John hunter says:

    Brought a Kenmore elite fridge in 2020 change the led lights twice and the repair part is not repairable was recommended to throw away the fridge and no type of compensation.

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