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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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156 thoughts onSears Master Protection Agreement Class Action Lawsuit Gets Certified
I purchased a heating and A/c warrantee master protection plan and they transferred me for two hours on the phone saying different departments need to handle it. They told me my unit is not replaceable.
I want to join the class action lawsuit I bought my first sears product in 1958. I was in the Army for 30 years and we always bought Sears appliances because no matter where we were in the states there was a Sears. We bought our present home in 1993. It had been fully equipped with Sears products. We took out a protective agreement which covered every product bought at Sears. It worked reasonably well for awhile Then thimngs started to change for the worsr. First garden equipment was no longer covered. Then the items were limited to 20. Then the t wo HVAC systems became 4 items. Microwaves were eliminated.. Service remained reasonable.
Now things are really bad. I called for HVAC service on 24 April. Appointment 30 April, tech did show. After repeated calls to check and assurances that we would be serviced until 6 PM. Finally at 7 :20, we were told he wasn’t coming.
Reschedule 6 May. Yech arrived diagnosed the problem. Said it would require a part replacement by two techs. He daid he talked to his boss and that a third party contractor would be used and that I would be contacted. I received no calls and so I called. No one could tell me whether a parrt was ordered and who would do the repair. Then received an Email that I was scheduled for 16 May. AFter more inquiries, I was tuld it was the same tech who had been here on the 6th and said he could not do it.
On 16 May, the tyech arrived at 8:30 AM. Very unusual, I am musually the last call. The t5ech did not have the part and that his boss was supposed to have set up qnother contractor to do the repair. He called his boss–“in a meeting “. We will get back to you today.
Called Sear4s next day, could not get any answers. Asked Benefits to l;et me hire a third party, was told let us fix it. Kept getting Email to reschedule.
I called a local contractor who came on the 17th, said they would be back the 18th with the part and complete the repair. I paid about $1200.
Sears meanwhile sends me an appointment for 21 May On 21 May at 5:50 PM, received a call(from same tech). Did I need him to come? Received an Email receipt with my forged signature.
Called Sears today trying to get reimbursed. Was told , the work was not pre authorized and so I would not get paid. FFurthermore, my agreement was cancelled because another contractior had worked on the system. The contractor Sears had paid to install it.
Bought a Brand new AIR CONDITIONING UNIT from Sear”s.It will be 5 years old this year,it has broken down every year,since purchase.
If u call SEAR’S,they will go out of there way,to put you on hold,transfer u from idiot 2 ANOTHER,I HAVE never missed a payment or been late.went 2 A/C School so I KNOW I have a Lemon.same with new stove,can’t get parts,anywhere in the Houston and surrounding areas.
Bottom line AIR CONDITIONING UNIT should not break down the first 4 YEARS,every YEAR unless It’s a
LEMON.
RICK HUSTEDT
I am experiencing the same problem this morning. This is unacceptable. What can I do?
The same exact trash is being pulled on me in Memphis Tennessee. I purchased the full home coverage. My Washer started making a loud noise. After 8 Service Calls, a transmission. new tub springs. This washer sounds like a Sherman tank, I called Sears Holdings 30 + times to speak to the team that is supposed to handle this kind of problem. Sears Holdings told me that a new Washer has been scheduled for delivery in a week. we never received it. I called them back. They told me then that i would have to pay for service. I told them it was under warranty when this mess started almost a year ago. will some one please help me do something about sears . they are liers, cheats swindlers, Thieves.ill make sure that everyone who hears about Sears warranty
I was told it covered all appliances in my home and specifically asked about certain appliances and the representative said yes. When I needed service they send someone out and said it could not be fixed and charged me a fee to come and review. When calling Sears to replace they said no because it is a second refrigerator. At that time we had NO other refrigerator as we were going to buy a new one. They would not replace it so I put a stop on all payments as this was a breach of contract.
I would never buy anything from Sears again.
Can not get sears to repair refrigerator.. parts have been on “back order”
I have had two situations where it took so long for them to repair I had to find someone else to do it on my washer and finally I bought a new dishwasher not from them.
Is this class action only available to those in Pennsylvania?
Please contact me (928))812-2921