Madison County, IL: A putative class action has been filed by Therese Dalla Riva of Edwardsville, against Sears, alleging her $1,000 washing machine stopped working properly shortly after she purchased it. According to the claim, at its worst the washing machine took more than eight hours to wash one load.
Ms. Riva claims that she began experiencing problems with her washing machine within a year of buying it. The problems included the machine stopping mid-cycle and displaying a code F1 or F51.
On the occasions when the errors occurred, Ms. Riva would try to restart the machine, but would have to wait overnight before it would complete a single load of laundry. And she called Sears on at least three occasions to come out and fix the machine, but was told that there was nothing wrong with her machine.
"Over the next couple of months, the problem persisted and became progressively worse," the complaint states. "Furthermore, a high pitched squealing noise would run during the entire cycle and the lid was rusting prematurely. During this time, it would take over eight hours to complete a single load of laundry."
When Sears finally agreed to make a service call to Ms. Riva's home in November 2007, the repairman diagnosed the problem within five minutes, as being a defective electronic control board. That piece of equipment controls the laundry cycles and water levels. Ms. Riva was forced to pay $132 to replace the control board because the washing machine was repaired outside the warranty period. Ms. Riva purchased the Machine in March of 2006.
However, the problems continued, despite the new control board having been installed. In the Spring of 2009 Ms. Riva discovered there was a recall on the electronic control boards. Despite claiming that Sears did not inform her of the recall, she contacted the store to let it know she had the control board replaced and was still experiencing problems. Sears offered only to mail her a replacement board, which she would be forced to install on her own, the complaint states. Ms. Riva did not believe a replacement board would fix her problems and decided to purchase a new washing machine in September 2009 after her Kenmore stopped working every two to three days, the suit states.
The suit also states, "Defendant represented that the machines were easy to use and that the consumers would be able to program the Machines to complete even large or bulky loads of laundry in a single, uninterrupted cycle. Defendant further misrepresented that the Machines and their parts were 'designed, manufactured and tested to provide years of dependable operation' and that each of the Machines 'also conserves resources and also lowers your water and energy bills,' even though it is clear that having to regularly restart a load of laundry and/or having the Machine rendered inoperable does not save water or energy and that the Machines are anything but dependable."
The suit alleges violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, fraudulent concealment and nondisclosure, breach of express warranty, breach of implied warranty and unjust enrichment against Sears.
Sears Consumer Fraud Class Action Legal Help
If you or a loved one has suffered damages in this case, please click here to fill in our form and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
I'm experiencing horrific issues with the drum rocking wildly, stopping mid-wash with a F6 error, even when the machine is properly balanced. I noticed that there is a slew of complaints on the internet regarding this issue; have been on the phone with Sears, they will do nothing.
we also had purchased a stove that after 1 year, started turning on by itself, on a high setting. it could have burnt my house down. they sent techs out at least 6 times to replace a defective control board, but it never truly fixed the problem. Sears refused to replace and properly fix the item, as they have now with my defective washer.
Posted by Bobby McVicker
Same deal, Now, I am trying to replace the bearings, belt, hoses and noticed severe mold, and corrosion on my Stainless Steel Drum and spider. It is supposedly under a Lifetime Warranty, Not according to sears, they must send a tech out and they may order the part, and they insinuated that their tech must do the repairs... I can guarantee that I have Much More Experience and Tools than 98% of their techs, Not putting them down, Just that No where in the warranty does it state that their tech must come out at My cost. I offered to bring in the corroded part, they said NO, I have been a Technician for over 30 years , Not with Sears though, They would not let me show credentials, and worst off, they would not email or fax me their "policy" of having a tech come out. On the phone over 6 hours today....with zero resolution.
Posted by james hanson
I NOTICED THAT SINCE THESE ISSUES HAVE BEEN NOTICED AND BROUGHT TO THE ATTENTION OF KENMORE, ALL THE NEWER VERSIONS DO NOT HAVE THE RUBBER SEAL. I WOULD NEVER BY ANOTHER FRONT LOADER FROM KENMORE
Posted by JAME
BOUGHT OUR KENMORE FRONT LOADING WASHER AT SEARS IN RWNO NEVADA. MODEL 1104751261/SERIAL 4350345
AFTER LESS THAN A FEW WEEKS THE SMELL OF MOLD AND ROTTEN EGGS ALWAYS CAME OUT OF THE WASHER WHEN I OPENED IT TO GET CLOTHES OUT. the EXTRA LARGE RUBBER SEAL AROUND THE RIM STARTED TO SHOW MOLD MARKS ON IT.
I WIPED IT CLEAN RAN THE CLEAN CYCLE TO NO AVAIL. WATER SEEPS INTO THE SEAL AND STAYS THERE CREATING MOLD SMELL, MOLD ONCE THE MOLD SPOTS BUILD UP ON THE RUBBER BAND SEAL YOU CANT GET THEM OFF. THE SMELL WILL NOT GO AWAY. I HAVE EVEN TRIED LEAVING THE DOOR OPEN. sear's OFFERED NO SOLUTION TO ME.
WE ALSO BOUGHT THE MATCHING DRYER AT THE TIME.
Add Your Comment on This Issue
Request Legal Help
Please complete this form to request a review of your complaint by an attorney.
There is absolutely no cost to you to submit this form. Doing so places you under no obligations and does not establish an attorney-client relationship.
Receive our weekly newsletter from our sister publication LawyersandSettlements with the latest lawsuit news and legal information.