Anne Bucher  |  February 9, 2017

Category: Closed Class Actions

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This settlement is closed!

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kenmore

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

CLICK HERE TO FILE A CLAIM »

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

  1. greg says:

    i never received any payment, just wasted my time and ink and paper to print the information.. now that sears is gone i guess we will never get any payments as i have other pending suits against them..

  2. Luz H Figueroa says:

    Wheres our settlement? Sear already closed all stores and all of us who filed a lawsuit are out of a settlement and a working grill., what a ripoff this is.. So trusted store and it went out of business keeping everyones money.. i had submitted all the needed paperwork and fotos and the court settled in favor of the consumers and nothing yet had been award to us.

  3. Joyce Forbes says:

    I never used the Grill I purchased. Was recently trying to figure out how to get rid of the propane tank that wasn’t used either. Because there is a heat wave happening now in many states.
    I don’t know what was the danger of using this Grill??? Does anyone know?

  4. Marlo says:

    I’ve had the same issue and had no idea about the lawsuit. I would have participated 100%.. Was Sears supposed to contact the consumers?
    It’s very sad they haven’t come through on claims..

  5. Susan Lersch says:

    I never received a settlement and I submitted all the appropriate documentation including pictures of the rusted out firebox. Why is this class action case closed when it’s obvious people who have filed a legitimate claim did not receive any settlement. Maybe we need to start a class action law suit against the people who started this?!

  6. Stephen M says:

    I still have not received anything either. Is this just a sham?

  7. Kenneth Schuring says:

    I also filed a claim but have not received any money or even a notice that the suit has been finalized. This is just a rip off! The lawers must keep that money. Thanks!

    Ken

    1. KENNETH L SCHURING says:

      Still no settlement check. Total rip off!

  8. Luz Figueroa says:

    When can i expect to get paid for my defective grill.? The settlement was already awarded and I havent heard anything
    Please check into this… thank you Luz Figueroa.

  9. DONNA SMITH says:

    i sent pictures of the grill that was so rusted to unusable state. i never got cash or card yet. every number i call is not working. where is my cash refund that is said i was good to get.

  10. Doug says:

    KIM I TOTALY AGREE. It’s time to start a class action for a falsely advertised class action lawsuit without issuing payment/credit due per the settlement. Phone number is non-functioning as is the websites. I have pictures & receipts for eligible models along w/a claim number. Hmmmm. With all of the attorneys involved & getting paid, who is responsible for holding the defendant accountable for paying up based on the final decision by the courts!!

    Reply

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