CHICAGO (Legal Newsline) – Two consumers allege their Kenmore dryers have a defect that causes damage to clothes.
Michael Smith and Lisa Alberton filed a complaint on behalf of themselves and all others similarly situated on Feb. 13 in the U.S. District Court for the Northern District of Illinois, Eastern Division against Sears Holdings Corp. alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and other counts.
According to the complaint, the plaintiffs allege that Kenmore dryers they purchased from the defendant have defective dryer lint screen covers, which protrude into the machines and catch and damage clothing. They also allege this defect allows excess lint to build up in the dryer.
The plaintiffs hold Sears Holdings Corp. responsible because the defendant allegedly failed to disclose the defect to consumers and failed to remediate the defect or to adequately repair portion of its machine subject to terms of the warranty.
The plaintiffs request a trial by jury and seek judgment against defendant; maintain class action; appoint plaintiffs as representatives of the class and their counsel as class counsel; award all actual, general, special, incidental, statutory, and consequential damages; interest, injunctive and/or declaratory relief; attorneys’ fees; costs; and further relief that the court deems appropriate. They are represented by Daniel O. Herrera and Brian P. O’Connell of Cafferty Clobes Meriwether & Sprengel LLP in Chicago.
U.S. District Court for the Northern District of Illinois, Eastern Division case number 1:18-cv-01142