Class Action Lawsuit Against Sears

A class action lawsuit against Sears is now in the courts, and it looks like they are going to win. Consumer advocates groups have been urging the Justice Department to sue Sears because of its long history of selling faulty merchandise. In fact, a class-action lawsuit may be the only way that consumers can get compensation from major corporations for their suffering. But how do they do this? Well, this article explains the legal steps that advocates are taking to get Sears into court.

First of all, class action lawsuits are usually filed in federal court by attorneys general or state Attorneys General.

But Sears has a long history of hiding behind the state law laws and has been attacking individual attorneys general for bringing the lawsuit. Recently, lawyers who are representing thousands of Sears customers are filing suits in state court using the same strategy. But the state Attorneys General is not likely to allow class action lawsuits, as they would be viewed as attempting to benefit from the sale of defective products.

The problem with a class action lawsuit in this situation is that Sears does not admit to having any wrongdoing.

Federal courts have very real limits in terms of what they will consider when determining whether a manufacturer has intentionally sold a defective product. It is also important to note that under Federal law, retailers are generally responsible for ensuring that their products are safe. If the company knew of the defect long enough to allow it to be sold, then they should be held responsible – even if they are under contract to sell the defective products to customers.

The crux of the matter is that the federal judge is likely to award class action lawsuits whenever there has been a proven case of consumer fraud.

In this instance, plaintiffs attorneys have likely exhausted their options of settling the case through arbitration or signing non-disclosure agreements. In light of this, many attorneys feel that Sears management is likely to attempt to negotiate a settlement that avoids a trial. But if the company’s management believes that the Federal Court will find in its favor, it could open the door for additional class action lawsuit lawsuits.

Sears management has also reportedly instructed its attorneys not to pursue cases of apparent class action lawsuit against other retailers that carry Sears products.

According to several plaintiffs’ attorneys, Sears is telling its attorneys not to bring such cases and to focus on smaller corporations that are not as large as Sears. This is especially troubling, as in many instances, smaller companies have been targeted by fraudsters who have used intimidating tactics to get them to settle out of court. On top of this, attorneys say that Sears is instructing its attorneys to decline class action lawsuit against Wal-Mart, which is one of the largest employers in the retail industry. (The dispute over Wal-Mart was ultimately settled out of court.) Class action lawsuit against major corporations by large individual plaintiffs have virtually no chance of success in court, because courts generally view corporate settlements as an agreement reached in a “naked” form with no personal information disclosed.

The class action lawsuit against Sears could set a very negative precedent.

If a large corporation declines to go to court to settle a case, it may discourage other companies from taking similar action. Additionally, it would discourage the filing of a class action lawsuit against other retailers that do not face the same problem as Sears. (It is currently unknown whether the discount store will appeal the denial of class action lawsuit against Sears.) For this reason, it appears that Sears is trying to limit its liability by encouraging its attorneys to decline class action lawsuit against companies that do not fall under the company’s vast number of contracts. While Sears is hoping that the courts will ignore the suggestion that it has the right to dictate what class action lawsuit it chooses to bring, other companies that have been targeted by the discount chain’s lawsuits believe that the company is trying to use a class action lawsuit against them in order to limit their ability to collect damages on their behalf.

15 thoughts on “Class Action Lawsuit Against Sears

  1. The same thing as David Pendracky, we have been waiting since May 2021 for repair to our Sears refrigerator, motor fan is defective, the ice maker does not work and the blower fan is defective. Sears was to order a new part, but we have never received it and no technician has been back! We purchased a 5 year warranty when we bought the refrigerator.

  2. We purchased our Kenmore Elite Refrigerator in Aug 2018. In Jan 2022, our refrigerator had a compressor failure and needed replacement. The service tech who was sent, was new on the job and just out of training. He made a replacement and we were charged $500 for labor. This repair failed. Second service call, the tech found kinked lines that were damaged during the first call. This repair failed. On the third call, solder was found to be blocking the refrigerant from circulating. We think the repair is now complete however, Sears is now trying to add on additional charges for the second service call. We lost food, were without a refrigerator for nearly a month and all of this due to Sears continuing to sell refrigerators with faulty compressors supplied by LG. Sears has known for years that they were selling refrigerators with parts known to fail. I feel like Sears took advantage of me as a consumer and they need to own up to their failure as a corporation. Consumers need justice.

    1. Same thing with us for a similar refrigerator. We have also had many many parts replaced since February of this year. In June the repairman sent in for a replacement refrigerator as he said this one cannot be fixed. sears had to replace it with a new refrigerator similar to what we have. They have ignored us completely ever since. Crooks!!!!! We have been using our refrigerator as a giant cooler for nearly 3/4 of a year. The owe us a brand-new refrigerator!

    2. I too purchased a Kenmore Elite refrigerator and the day before yesterday it quit cooling. Called a repair person and he asked me the model # and said you need to call Sears for repair. Since then I have been checking and found out there was a recall on that model. I was never notified of any recall. Repair person was supposed to show up yesterday and was a no show. The time limit for the class action suit is already passed so I don’t know what I will do. This is the second refrigerator I have purchased in the last ten years. The first being an LG and now I find out that the Kenmore is actually made by LG. I will never buy another LG product.

    3. I have had issues with the control board 3 times and need a compressor and a condenser the
      repair company said it wasn,t worth trying to repair it because it would last only about a year and the repair cost including parts would cost approximately 1/2 the cost of the 4 year old refridgerator

  3. Bought a new Kenmore side-by-side bottom freezer on November 1, 2018. Lg compressor went out February 2022. Called sears to fix it. lost 200-300$of food first appointment 3-16-22. Second appointment 3-8-22. received a call from Chicago no techs in our area.labor costs 100-120$. BOTH LIES. New appointment shows up to replace LG compressor, bills me 548$ labor. Tech lives 20 minutes from me. Wouldn’t own another Sears product if they were free

  4. We have been waiting for Sears to honor the protection plan agreement on our microwave which needed to be replaced back in April 2022. It is now almost September. The microwave was replaced but we had to order one sight unseen online. It was supposed to be installed but Sears refused and told us to pay for installation and that we would be refunded. We were unable to get any emails for proof and were told that emails were not allowed. We paid 139.99 for the installation and have been promised the refund check for three months. Many phone calls and promises later we were told that our “request has All lies!

    I have been cancelled 7 times waiting on a fridge. I loss months on my warranty with no fridge, they say they won’t extend the warranty when I get my fridge. This is considered theft, deceptive practices. They are dragging this out. They have lied, they offered me money to buy a fridge elsewhere but I was told the warranty will not cover the fridge from another company. They are a bunch of con artist scammers that is deceptive in their practices and taking money from people and I believe breaking the law.

  6. I dont know what happened to the Sears Company, we had been bying their products since the 60s , now we a stuck with a new washingmachine that needs repair that should still be in warranty , which is void, so frustating , they should be ashamed of themselves , not much hope of that with a corporation that knew they would be goinging out of business and still selling products with warranties , should be illeagal .

  7. How this company is still in business is beyond me. The Attorney General’s office should make Sears pay for the Fraud. How do I join the lawsuit

  8. My 2 yr. Old Kenmore refrigerator has not worked sense February ,Sears can not fix it, other repair men can not fix,the parts were made in Korea and they no longer makes these parts ,I have called Sears many many times if I complain they hang up on me,no one can speak good English so you can not understand.

  9. I have a sears home warranty that I pay for monthly. I requested a repair on August 30, 2023. They came to fix it three weeks later. they found that the repair had failed, and they needed to order a new dryer. Today, I am still awaiting a dryer, and Sears keeps giving excused for not repairing or replacing the dryer. My wife and I call the Sears Warranty number and keep getting advised that they do not have a time limit to replace the dryer. This insurance company is a scam, and we are out hundreds of dollars and time. I would like a full replacement of the money we have sent to these Sears and a replacement of the dryer that has been broken and now the washer that they are failing to even look at based on the fact we are complaining about their services.

  10. my 80 year old grandmother is under the same warranty and has been an active warranty holder with Sears since 1973, she’s currently been going through the same thing as mentioned in many of these comments. she’s been without her clothes washer for 8 months now, taking loads to a laundry matt. she would like to join in the class action lawsuit. please help me help her!

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