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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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157 thoughts onSears Master Protection Agreement Class Action Lawsuit Gets Certified
It is now New Year’s eve 2019 and our refrigerator has been out of service since 19 November (before thanksgiving). There have been 6 service visits (5 where parts were replaced and freon was added plus one where they only looked at it and left). They say they “will come out on 2 Jan to install parts” again. So by tomorrow, we will have been through three (3) holidays (thanksgiving, Christmas and New Years without a working refrigerator which is covered by Sears Home Warranty. They refuse to provide us with a new unit and keep delaying — meanwhile the administrative warranty contacts at 1-855-256-3467 will not even let us talk to a supervisor (always “busy” or “in a meting” or “out for a while”, or something). We need relief — is there a lawsuit tht we can join against this unscrupulous vendor. No wonder Sears is in trouble.
There are plenty of complaints has anyone started class action lawsuit
We made a claim on a Kenmore gas range .About 6 months ago the tech came out said it would cost more to fix than replace .Then they denied the claim based on the year of the range , when they sold us the policy they did not specify that all equipment had to be new.
I was sold an over sized heat pump in 2015 and they installed the system directly on the ground and did not pull a permit. I had the master protection agreement. The system has not been working since the 7th of September 2019. They told me they had approval to replace the system last Thursday and would call me last Friday but now are not returning my phone calls or emails. I believe I will eventually have to take them to court to get my system replaced or working again.
Being a former employ of Sears we had weekly meetings on how to sell Home Warranty to clients, one of the the secrets was not to tell the clients about there deductible if there appliances or furnace wore to stop working. I will be glad to share my experience on how Sears conducted on misleading consumers.
Please share. My refrigerator has been out a total of 5 times since November. The last repairman said next time he’ll put in for replacement. Guess what? Next time is here. 5 weeks after new condenser motor was replaced. We shall see what happens.
Any insight would be helpful.
We have recently been trying to get our refund back from Sears for a repair they could not perform. Over $200.00 we had paid. Still havent received money back, and this is after calling the company over and over and getting the “run around”. It wasnt under a protection plan anymore but we were supposed to be refunded if they could not fix the problem. After the 3rd time having their repairman come out in a 2 week period, we had to fight just to get the repairman to fill out a form for our refund.
I bought a Samsung washer and dryer from Sears and got a 5 year repair warranty. Recently, the dryer has been making lots of noise, squeaking and rattling. When I call the Sears Home protection people, they want to hear it over the phone. Despite the loud noises emanating from it, they claim either they can’t hear it or that the noises are perfectly normal. (This noise is anything but normal.) They refuse to make an appointment for repair. We are going to keep trying, but if there is a class-action, I want to be involved.
Have master protection agreement on Samsung microwave through Sears. Initial call placed on June 20th part Delivered July 3rd missing some parts re ordered by Tech and now just delivered on July July 24 at 6:30 p.m. Now can’t be install until the 26th Because tomorrow is to feel park took over 20 days to reach chair and now Sears once 2 more days before they repair how can I join this class action suit
I’m right there with you. The customer Service has been so terrible, it is criminal. They way that my fridge repair is being handled will exceed a month of a non working fridge, zero compensation no alternatives and three technician visits. The No Lemon Guarantee with my protection plan can never be met as the service comes so slow and the fridge is down for so long.
Is this still active? How do we join this class action suit?
Me too! Would love to join a class action suit against Sears!
IWhat is going on? My posts keep disappearing. One time it is there and there are 11 comments, the next time there are only 8.
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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.