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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
Sears Home Warranty for my washer was outsourced to Blum Management, Inc. Three appointments made, three NO-SHOWS. I requested a refund and was told four times in a 7 day period that the Blum Management has to accept the cancelation request. I am still waiting for a resolve. How do I get connected with this Class Action lawsuit. Without a fee.
My father has been trying since Thanksgiving of 2023 to get his stove replaced. He has the master protection warranty and can’t get anything done. They came out and ordered the parts and the parts can’t be found. Sears told them it would be replaced and nothing. He’s called numerous time and only gets the run around from them.
I purchased a Master Protection Agreement for 5 years in March 2021 for a Kenmore Refrigerator delivered on 8/15/21. The unit stopped working 12/4/23. Service contractors came out on 12/6/23 and ordered a new compressor and inverter. Over a month later, parts came and were replaced but the unit has NEVER worked even after repairs. I have contacted sears on numerous occasions to no avail. I have filed a FTC complaint and would like to pursue this matter to get a working refrigerator or replacement value with a refund of the protection agreement which is useless!!!
I have been trying since August 2023 to get my Kenmore Elite Oasis washing machine fixed. I’ve had multiple technicians come and replace parts, sign off that issues is fixed and as soon as they leave, the machine doesn’t work. I’ve been on multiple calls with Sears and the various departments and still my machine doesn’t work. As of today, 1/15/2024, the new Tech scheduled to replace another set of parts on my washer has been canceled and rescheduled for 1/18/2024 with a window of 8am-5pm. I’ve had a Sears Master Protection Agreement for over 10 years and now that I’m using it for more than maintenance of my appliances, I’m being put through the ringer to get my machine fixed or replaced.
My mom is 84, her heat went out December 2023 and we are still trying to get Sear to honor their warranty
A similar experience is currently happening to my grandmother for the past 6 months.
Her name is Wanda Mosier, 79yrs old. 17756734608 home phone, 17753795899 cell phone, she would like to be contacted about the abuse she’s being subjected to.
A friend had an LG Refridgerator that was less than three years old and the freezer stopped freezing. It wasn’t that the coil was blocked or iced. The Sears repair person came out, claimed to have read the trouble codes and ran diagnostics and replaced the condenser. Paid $ 500 for the parts and maintenance, even though it had warranty repair. The next day, there was no improvement and another tech came out, where he claimed to have run the same troubleshooting steps and wanted to replace the compresser for well over $ 800. That would have been in excess of $ 1,300. The work was not agreed to and the tech sere wouldn’t be a charge for him coming out as it was charged and not repaired the day before.
Three weeks later, my friend noticed a charge of over $ 800 on his credit card, about a week later an email was sent with an attachment strangely placed within it. The receipt for the work that wasn’t done. He has disputed the charge a number of times and it looks now that it has to go to court.
If anyone else has similar issues and / or situations, please send me the background and story. He might be able to show a pattern of bad behavior and bad business practices.
Maybe it would not be just a small claim case but could be a class action if enough people have experiences like he had.
Have a Samsung washing machine covered and previously repaired under a Sears MPA currently i/2 way through a 2-year term.
Through the never-a-hunan interface scheduling app an appointment was made and kept by a technician, who ordered parts and scheduled for a return 10/25/2023. The parts arrived. Tuesday. There is NO WAY TO CONFIRM that the appointment window will be kept 7AM to 6PM! So you have to WAIT. There is ZERO way to get a human involved!
I have rescheduled for Thursday. 10/26/2023 (8AM-5PM). Some, not much improvement!
Thr MPA us virtually worthless !
In 1987 purchased Sears Central Air Conditioner w/warranty. Just since 1999 have paid $6,964.81 on warranty. This year called for service 12Jun23. 19Jul23 my 36 yr old AC declared “unrepairable needs replacement” by Sears repairman. Case#7678184, finally 15Aug23 replacement approved #708444411081, told 3-5 days for replacement information. Have been told “3-5 days will have info” EVERY time I call. Paid warranty on 30Jun 23, $379.33 for another year to keep it active. I am 92 Years old and suffered ALL summer W/O AC. Master Protection Agreement #
145452913300142. Concerned after ALL these delays, and many calls with untruthful replies Sears has no intentions of honoring their agreement. Have greatly condensed this report. It has been a 121 day horror story.
I have a Sear Protect agreement. I have been trying to get service on my refrigerator since Sept 5, 2023. Over 11 hours of phone calls being transferred from 5-7 times per call and 2 service calls with a technican would is not trained to work on a sub zero refrigeration. The agreement was sold with the knowledge my appliances were high end. A technican actually stood in my kitchen and indicated they were covered as did a sales rep. Appliance brand is in my profile. Yet, after a month of many emails and phone calls. I am being told they do not work on my refrigerator. I have contact Sears Protect and Transformco.
I got a service agreement for my central air conditioner. Call to make an appointment and was told to call a private company and Sears will reimburse me $75.00. I asked them why they took my money if they can’t provide me the services. I am so disappointed with Sears I have been a valued customer and deserve to be service as stated in my contract.
I’ve been trying since November of 2022 to get reimbursed for a water heater, under mait. Protection. I’ve been lied to. Forced to enter reciept 2 times and there list it each time.
10 months and they again insist I send reciept. To fix my hot water heater costs $490.00. Yet sears is only going to give me $350.00 for that service. I have talked to people OFTEN who acknowledge that payment.