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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
Can someone from New York join this class action lawsuit against Sears Home Warranty, note no longer owner by Sears. We have a very similar story to those on this long list of complaints. LG Washer, under the Sears Home Warranty, covered under a 5 year agreement with Sears home warranty while Sears owned it and was serviced by qualified Sears Home Warranty when Sears owned it. In October 2022 the Washer stopped working. We made a number of appointments with the same sub-contractor and sears. After a series of no shows by the sub we finally got the sub into our home and he determined the washer needed parts which were never available. We then found that the parts were discontinued and not produced by any other vender. When the sub was questioned about this fact he said we needed a replacement and said he notified the company and they would not provide him with the authority to replace the machine. We followed up with phone calls emails but the new owners of the service made it impossible to get any action. This is my last hope of holding this shame company accountable. Help!
I would like to join the class action law suit against Sears due to a faulty condenser. I purchased a Kenmore Bottom Freezer Refrigerator 8 years ago. Six months ago the condenser started making grinding noises. An independent technician examined it and found the condenser cannot be repaired and needed replacing. I contacted Sears and I was told there would be a $90.00 service call as well as additional charges IF the condenser could be repaired. Nothing said about replacing the condenser. These condensers are suppose to have a 10 year warranty. So why are there charges if the condenser is still under warranty? Any input would be helpful.
I’ve been fighting with Sears for almost a year about the repair/replacement of my Kenmore refrigerator. I paid $600 for their 5 year warranty. They have sent out a repair company 8 times! The company has told them it needs replaced. Now they want their technician to look at my fridge and evaluate whether or not it can be repaired after they’ve already made 8 attempts. I am now at the FOURTH APPOINTMENT for a “Sears senior technician “ and they have NEVER SHOWED UP FOR ANY OF THE APPOINTMENTS! No call, no show! They make the appt and never actually follow through with anything. They don’t even call for an explanation. My fridge is pouring water all over my flooring. It has caused 10k in home damages so far. Sears has done NOTHING to try to repair my refrigerator and the sub contracting appliance repair company that initially tried repairing my fridge, has since voided their contract with Sears solely because they do this to customers literally EVERYDAY! That appliance repair company had nothing but terrible things to say about Sears and the technician actually predicted exactly what was going to happen to me with Sears, on my second appointment. Sears is known for doing this to customers because they think they’re protected by bankruptcy. But breach of contract will not protect them! And I have meticulous documentation of this entire process. Photos, videos, emails, texts and even recorded phone calls. So I’m currently looking for an attorney willing to take on my lawsuit. And I’m suing for far more than my fridge replacement. I want my flooring replaced, mold remediation, food loss on multiple occasions, loss wages for work for having to call off multiple days for service appointments for them to “no call, no show” and all the stress they’ve caused. I am someone that firmly believes in what is right, is right and what’s wrong is wrong! I will actually cost myself more money going through this process as long as Sears is held accountable! They have been doing this for far too many years to long term loyal customers and it has to stop!
This sounds as though we wrote this. We are having the same issues with our refrigerator. We are the point where the technician has finally said that it needs to be replaced, and we should be hearing from someone soon. Your article is not to encouraging. I don’t expect Sears to follow through. This is a scam that they are literally getting away with
My story closely follows that of the plaintiff above. I have a washing machine that is not spinning. It has been “repaired” by the warranty company 3 times and has gone out again. This time for 6 months I have been told the part was ordered, but no one can confirm delivery and I call and can never get anyone on the phone that can assist me. With the fees i have paid over the last 6 months I could have already bought a new washer! Please help….
I purchased a MPA from Sears for a 42-inch LG Studio Refrigerator in October of 2019. Early August of 2022, I put in a claim because the refrigerator was leaking in several places and we had no ice or water. We’ve had 7 visits to repair and the last two times the service individual tried to put in a replacement call for me but his app refused it. He says Sears overtly canceled an order and set up a new order to purposely try to invalidate my warranty, since it had expired in October of 2022 but my refrigerator was not fixed from August. Now after 7 visits, they do not want to offer a replacement or a check. Every time a repair person came out and left, the refrigerator was not working afterward. I have been without my refrigerator for 5 months. Ludicrous. I am calling a lawyer tomorrow.
In 2019 i bought a microwave with a 3yr extend warranty. 2020 service man came out. 2021 i was cancel 5 times for service on the microwave. i was told do to the vires staff was short. so i ask for a refund because you can’t honor the contract. well the operator canceled me with out me knowing it. then says we don’t do refunds. sears could not honor the contract but kept and took 78.00 dollars for one year of service. what company write contracts and hold out on service and takes your money?
It took me 1 1/2 years to get my double oven replaced – the hours of calling, being put on hold and having to start the process over and over, and waiting for appointments where no-one shows up finally resulted in an inferior replacement oven. I had a Kenmore Elite double oven (top of the line when purchased) and ended up with a mid-grade GE product, and was told it was due to inventory – what a joke. We needed an oven so were forced to accept it. It is beyond frustrating. We have had our master agreement for over 10 years. This company has been such a disappointment.
I am trying purchase for the 5 years master protection plan LG refrigerator and I have been waiting Sears resend for the 5 years $664.05. When I purchased online with the guy. He instructed me called them after my new LG fridge. Each times I was on the phone with the sales department for the warranty plans the price higher each times in a week. I asked the guy and he quote me for the 5 years $664.05 and he pushed me purchased 5 years dishwasher $335.00 in order getting the warranty for my new fridge. I told him I didn’t need for the dishwasher. He said he can’t give the $664.05. Then I called back another representation quoted me for a new fridge with a new price $1004 I told the lady how this price jump in a week for the warranty. It sounds they are making commissions and they said it can’t be lower. I went to Home Depot store they show me the price range warranty if you spend on $2000 over the price listed on the plan. Not each times you called speaking with different person higher and higher. Sears should be treat customers the right way. The lady told me she will send me the 3 years warranty for $398.00. I didn’t receive any emails from Sears regarding my warranty but they said they send several times. I looked the Spam folder and no emails. All the sale people excellent liars. I send back the 2 years plan requesting the 5 years master protection plans and the sale person lost in the mail how Sears envelope returned envelope. They said they not honor even I have the photocopy. I requested 5 different phone calls have the supervisor calling as of today, October 15, 2022 no one calling back. Wow…Wow poor customer services. I feel I am being rip off the price of the warranty. All the Sears closed out in Orange County California. This is not right because I don’t want Sears mistreated customer. Could someone help me? I wish the attorney take all the customers complaint going to hell.
I purchased Ken more elite refrigerator 8 years ago and compressor went out on Aug 21; 2022. I need to have it fixed.
I have purchased master plan agreements with Sears as well and now when I can really use their help they tell me I need a new seal for my freezer, but they don’t make them anymore. If the seal is not made anymore, then get me a new freezer. You either repair it or replace it, according to the agreement. They are doing neither.
I feel for you. I’ve had my own dissatisfactions with Sears as well.
I am experiencing a similar issue as most of the customers in these comments. I purchased a master protection plan on my refrigerator. Sears 3rd party vendor failed to show and i was advised to hire someone else to come assess the refrigerator. The company i hired came the next day and advised the repair would be about 1500.00 + and would be wise to just purchase another refrigerator. Parts are more than 2 months out as well. Per Sears request, i submitted the bill to them to see if they would repair or replace, and i am getting the stall/runaround treatment. This is unacceptable!! I have a family of 6, hundreds of dollars of food in the trash, and no resolve!!!