An Illinois federal judge has granted certification to a class action lawsuit alleging Sears sold deceptive “repair and replace” master protection agreements.
Plaintiffs Nina Greene and Gerald Greene claim that they entered into and paid for several appliance-service agreements with Sears from 1994 to 2014, but that these agreements did not actually cover their products.
The plaintiffs say that the Sears defendants breached their agreements, engaged in deceptive business practices and were unjustly enriched by selling “repair or replace” master protection agreements for appliances that Sears had no intention of repairing or replacing.
The plaintiffs sought to certify a proposed Class of consumers who paid for aftermarket master protection agreements (MPAs) for products that were not covered by or eligible for coverage under the MPA, and who did not receive a full refund.
The plaintiffs also seek to certify a Class of Pennsylvania residents for claims under the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
Defendants Sears Protection Company; Sears, Roebuck and Co. and Sears Holdings Corporation fought against Class certification, arguing that the plaintiffs cannot adequately represent the Class, that the Class definition is too broad, and that there is insufficient commonality and predominance to justify handling the case as a class action lawsuit.
U.S. District Judge Jorge L. Alonso found that the class action requirements for numerosity and commonality have been met. He found the plaintiffs “demonstrate a commonality of issues consistent with their theory of breach, unjust enrichment, and consumer fraud.”
“Whether Sears sold policies for products that it did not and could not cover is a central question common to the class, and capable of proof at trial through common evidence,” Judge Alonso continued. “Defendants’ insistence that they had no such policy, that MPAs are variable, and that Sears ultimately provided some performance under consumers’ MPAs does not defeat this common contention.”
Judge Alonso also agreed with the plaintiffs’ assertion that they were injured because of the Sears defendants’ sale of MPAs on non-covered items and the fact that they did not receive a full refund.
“That Plaintiffs received a partial refund may affect their damages, but it does not exclude them from the class,” the judge said. “Because Plaintiffs’ claims are based on the same legal theory as those of the class, typicality is satisfied.”
The judge agreed with the Sears defendants’ argument that the limitations period proposed by the plaintiffs was too broad, and limited the nationwide Class to individuals and entities who paid for aftermarket MPAs since March 25, 2005 for products that were not covered by nor eligible for coverage under the MPA and did not receive a full refund.
The Pennsylvania Class is limited to a Class of Pennsylvania residents who paid for aftermarket MPAs since March 25, 2004 to the present and who did not receive a full refund.
A status hearing for the Sears protection plan class action lawsuit has been scheduled for Aug. 29.
The plaintiffs are represented by Marvin A. Miller, Lori A. Fanning and Kathleen E. Boychuck of Miller Law LLC and by Andrew Joseph Belli, David M DeVito, Deborah R. Gross and Benjamin Michael Mather of Kaufman Coren & Ress PC.
The Sears Protection Plan Class Action Lawsuit is Nina Greene, et al. v. Sears Protection Company, et al., Case No. 1:15-cv-02546, in the U.S. District Court for the Northern District of Illinois, Eastern Division.
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180 thoughts onSears Master Protection Agreement Class Action Lawsuit Gets Certified
Have been trying to get service for my freezer for 2 months..they make appointment then no-one shows up or calls.when I finally speak to someone they refer me to someone else..after I wait all day,don’t get a call,or cancellation notice.I spend hours trying to speak to a real person who has no clue how to help me..
Sears has been attempting to fix a cooling issue for nearly two years. They have replaced seemingly every component to repair this issue to no avail. Sears is supposed to replace an item if it cannot be fixed. My last two appointments was canceled by Sears claiming no available technicians. I have an appointment this Saturday 7/26/2025. The last one informed me that I would have to fix the refrigerator freezing issue myself as there’s nothing they can do.
How do I get my money back? I purchased a microwave & fridge and Every time I call for a repair they say that they don’t even have my purchase on record and that there is no warranty
Another victim here. searshomeservices.com sold me a 5 year home service plan starting 2/2023. My washer, dryer, 2 refrigerators, dishwasher, freezer, tv, AC and water heater were covered for $3500. For the last 4 appointments, we confirmed online. The day of the appointment, they canceled all 4 of the appointments at searshomeservices.com one hour before the service window expired. Who can we contact to get some resolution to this problem. We can only reach AI with the information provided.
From Feb 2023 to Oct 2024, the workers said it wasn’t reparable. They kept say I would get a refund or replacement washer. NEVER got anything. I also got charged the last time $100 & they still refuted to pay, my husband had put the old washer outside & they said it was abused. I have multiple times & names when I called & they escalated the case. Have 2 different filed case numbers on the washer about unable to repair. I was trying to take care of this while going to doctors appointments. I was down with a broken femur & a fracture at L4, with nerve compression at L4-L5. They seriously took advantage of me. My niece lives next door & can back this up, but only to the point of all the visits & didn’t get a replacement washer.
I have been paying for years on the Sears Home Warranty Protection Plan. I was trying to set up a preventative maintenance appointment for my gas dryer but was told the agreement was switched to Cinch. When I contacted Cinch, I was told that the only appliance that was covered was my A/C. When I set up the plan years ago with Sears, I told them I did not need my A/C covered. It was covered by another plan. I have been paying $59.99 a month for this plan for many years and it does me absolutely no good.
I purchased a double door kenmore refrigerator on 2/9/2022. I also purchased a 5 year MPA on 2/9/2022 for $621.98.
The front of the refrigerator connected to the water & ice dispenser is rusting and getting corroded. I scheduled a repair for June 3, 2025 between 8:00 am – 5:00 pm. No one came or called. I sat home all day waiting. Then i received an email that since it was past my appointment time I needed to reschedule!! In the mean time I have read the horror stories of people getting taken advantage of, scammed and not gotten repairs on their products. I want my $621.98 I paid for the MPA returned to me immediately. I’m not going to play games with this company Transformco that doens’t provide service people that know what they’re doing, have no parts and don’t show up. Cannot even talk to a human being. Outrageously wrong.
My 5 year MPA contract # is 20609148240003 . Refrigerator Model #: 10650042717