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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
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Sears (A&E Factory Repair) has demonstrate a commonality of issues consistent with their theory of breach, unjust enrichment, and consumer fraud.
I have had a master protection agreement for many years on my appliances but this is the worse years ever to get anything done. Trying since January 3rd gave up for awhile and started again in May 2023. Sit here all day no call, no show, not nothing but the appt. is confirmed via text and email. They cancel reschedule, same thing, over and over. No respect for customers’ time. Then I get a tech that leaves an eta and it’s late in the day and another no-show, no call, canceled, and rescheduled 30 days away. Over and over and over. I hope we can get a class action lawsuit going for time and effort and refunds for the purchase of master protection agreement. Mine sounds like Ron Blancher above
I too have had an agreement for many years. I am getting the run around.
Having aproblem with gas dryer almost from new, door opens with dryer running, The plastic door latches have been replaced several times, works for short time ,than the samething door opens while running. 7/12 Cristo Appliance came out for service call on both the washer and dryer, They fixed the washer, replaced the plastic door latches on the dryer, and told me he had to order parts for it, did not get any paper work order or anything in writing. Waited for parts to be sent to house. The dryer door stills opens up while running. Called Sears again make appointment for dryer for 7/25. Cristo Appllince called me and told me that they were canceling the appointment that they tried to order parts and it was canceled by Sears never was told what parts were ordered, called Sears again told sears that Cristo called and told me that they canceled the appointment, Sears made another appointment with Cristo 7/28 and they did not show up, called Sears up on that day and told sears that Cristo failed to show up, The sears agent called Cristo and was told they were running late, Cristo never showed up. Called Sears on 7/29 talked to them telling them that Cristo never showed up the 7/28. The agent reviewed the file and told me that there is physical damage to the door, that was the first time that I heard anything about damage to door. I told himThe plastic latches are breaking ,I feel the door is dropping due to the hinge. He told me that this problem is “escalating this to another department, I and again have never heard anything back . I called Sears again talk to another person and was told that she was “escalating ” to this other department, and tried to transfer me to talk to someone in that department. After about 30 minutes on the phone the call got disconnected, called number back rang two or three times and disconnected called back later and was on hold for about another 30 minutes and got disconnected again called back again on hold again and got disconnected again. The Master Protection Agreement is coming up for renewal, I guess they are waiting for it to expire, to see if it gets renewed or I let it go so they can charge me to fix the dryer. Sears Automated system needs to be overhauled so we can actually talk to a live person without going over the same junk everytime, sears on-line stuff is also a joke you can’t really manage the appointment with choices given when the service personal do not show up, needs to be able to talk/ enter what the problem is.
We have the home warranty It was told to us any appliance is covered in my home
Now there trying to say only in the kitchen
So if you have a refrigerator in the garage its not covered and we bought the refrigerator from sears plus the refrigerator that they have replaced the ice maker the doors and more now they’re trying to say they don’t see the refrigerator ever being covered thats in the kitchen and the one in the garage is because its cost less
I had both refrigerators worked on in the past but an on going problem with the refrigerator in the house. They are a fraud and Contradicts their own contract NOT TO MENTION HOW HARD IT IS TO GET ANYONE ON THE PHOHE WITHOUT TALKING TO THE AUTOMATED SERVICE THEN YOU CANT GET BY THEM WITHOUT PAYING A FEE. YOUR BETTER OFF WINNING THE LOTTERY THAN GETTING ANYONE ON THE PHONE.
I already reported them to the BBB.
We need to start a CLASS ACTION!!!
I am dealing with the same issues Sears came out in May stated the air conditioner could not be fixed I’ve made several calls but to no avail we are in August now it is hot in New Jersey and I had to purchase several fans and air conditioners. I have a master protection plan one over 17 items. I have contacted several agencies for assistance with no response as of yet
I had several problems with Sears Home Warranty. They refused to honor contract on a water purifier. They stopped replying to me and so I decided to stop paying on the contract. Then they sent a collection letter to me
Each year I repurchased the Sears Master Protection Agreement and they do not fulfill their obligation to address issue. They contracted with a third party, Teklogix, owner Jimmy Williamson, selling puppies on LinkedIn. Please review comments about poor workmanship and unprofessional conduct. Unable to have any repairs finished and they returned twice a few years ago and I am still experiencing the same ICE MAKER malfunction.
Each year I repurchased the Sears Master Protection Agreement and they do not fulfill their obligation to address issue. They contracted with a third party, Teklogix, owner Jimmy Williamson, selling puppies on LinkedIn. Please review comments about poor workmanship and unprofessional conduct. Unable to have any repairs finished and they returned twice a few years ago and I am still experiencing the same ICE MAKER malfunction.
I am dealing with the same complaints .can’t fix my washer and won’t replace it.
I’m 84 and living alone in house with 91 degree weather. Have had a 20 appliance Master Agreement for 30 years. My heat pump went out on 4/17. It is now 6/3 with no action. Was verbally told heat pump would be replaced. Nothing but delays excuses from foreign buffers while I am suffering the Kansas heat in a stifling house. I asked for motel and was told don’t count on reimbursement. The Sears tech and my private tech say it must be replaced. It is cruelty. I paid $2,000 for the contract and Sears is in violation.