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View Full Version : How to file class action against Sears Auto Center for damages to vehicles?


frustrated55
Oct 25, 2012, 01:05 PM
I had a transmission flush done on my Mountaineer. They did not fill the fluid to the top and it caused my reverse band to snap requiring a transmission rebuild. The Clackamas Oregon auto center turned the damage over to their insurance company Sedgwick who summarily denied payment. I have had three ASE mechanics look at the vehicle as well as a transmission specialist who have confirmed in writing that the fluid was low and the reverse band breakage was due to low fluid in the transmission following a transmission flush at sears.

I have been shuffled between the Sears customer cares office (Oxymoron), Geoffry Moore and Ron Mitchell, the adjusters for Sedgwick, and the store manger Mike Mathews. Each one of these players tells me to call the other for relief because none of them have any authority to pay for my damages. I have called numerous Sears employees and simple get canned answers and re-directed to the store manager. The Store Manager tells me to call Sedgwick who in turn tells me to call the corporate office. Sedgewick claims they are merely a "third party administrator" and Sears has the authority to tell Sedgwick to pay the claim. Sears corporate says they have no authority to pay the claim only the Store Manager has that authority. Store Manager and District Manager, Gary Bentindorf say they have no authority to pay the claim that is why they have Sedgewick and that Corporate has directed them not to speak to me anymore. I think it is a circular game they play to frustrate the customer in hopes the customer will simply give-up.

As a loyal Sears customer, I could not believe this was happening to me so I consulted the internet to find if I was alone or if anyone else had experienced the same or similar circumstance. It was overwhelming! Similar circumstances have occurred all over the country in much the same fashion. I believe that Sears uses Sedgwick to be their front man to manage/deny any liability for damages perpetrated by their unskilled auto techs.

I have amassed a group of angry and frustrated consumers all over the country who have been significantly harmed by Sears automotive centers and turned over to this insurance agency which resulted in a quick denial of liability. They are all interested in enjoining or filing a class action suit against Sears Auto Centers. I have also received a plethora of contacts from Sears consumers alleging high dollar complaints spanning other Sears departments, and repairs services.

Who can I call or how can I file a class action right away.

tickle
Oct 25, 2012, 01:20 PM
If you have amassed a group of angry individuals over this issue, then get their money together, with yours too, and hire a class action lawyer to get it rolling.

I would imagine that Sears has a few 'class action lawsuit lawyers' and a lot of money to back them up. So, bring it on.

Who can you call... a good lawyer... but it isn't going to happen 'right away', these issues take years and there are probably a lot of others of varying degrees in the works.

We can't recommend anyone to call, but our legal experts probably can point you in the right direction.

ScottGem
Oct 25, 2012, 01:42 PM
As noted, hire a lawyer.

frustrated55
Oct 25, 2012, 03:32 PM
Granted hiring a lawyer is the answer. Money is not the issue either. Plenty of the consumers have suggested doing so. The question is who. This website put me in touch with a bankruptcy lawyer in Washington State.

Just as I would not hire a psychiatrist to do brain surgery, a specialist in bankruptcy is hardly a specialist in consumer class action. Hiring THE attorney is the quandry... any suggestion in this regard?

ScottGem
Oct 26, 2012, 04:50 AM
This website put me in touch with a bankruptcy lawyer in Washington State.



Just want to clarify this. This website doesn't put anyone in touch with any lawyer. We use Google Adsense to place (hopefully) relevant ads on posts. Google, determines relevance and doesn't always get it right. Whether you choose to click on an ad and follow-up is up to you. This is no different then seeing an ad in a newspaper and contacting the advertiser.

If you need an attorney for a class action, your best bet would be to contact your local or state Bar association for recommendations.