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The lawsuit alleges that certain barbecue grills, with model numbers 01566, 03495, 16142, 16154, 23673, 23676, 23681, 23682, 23683, 23766, 34172, 34176, 34178, 34308, and 34611 (the “Grills”), sold by Sears were manufactured with firebox trays made out of galvanized steel, making the firebox trays defective and resulting in the firebox trays rusting and failing prematurely. Sears denies the claims of Plaintiffs, denies all allegations of wrongdoing, fault, liability, or damage of any kind to Plaintiffs or the Settlement Class, denies that the Grills were defective in any way and that it acted improperly or wrongfully in any way, and is entering into this Settlement to avoid burdensome and costly litigation.
The Settlement is not an admission of wrongdoing. The Plaintiffs’ First Amended Complaint, the Settlement Agreement, and other case-related documents are posted on the website, www.kenmorefireboxgrillsettlement.com. The Settlement will resolve the lawsuit. The Court has not decided who is right.
You are a Class Member of the Sears barbecue grill settlement if you purchased or received (not for resale) a new Kenmore grill with a galvanized steel firebox that was manufactured between Oct. 1, 2011 and Sept. 30, 2014 and which bears certain model numbers.
All Class members who submit a valid claim will be eligible for relief. Each Class member is entitled to no more than one form of recovery from the settlement; only one recovery is available for each Grill:
Class members who on the Effective Date possess a Grill which needs repair can receive either a free repair to the firebox, a Sears gift card for $180.00, or a $125.00 cash payment.
Up to $300.
Eligible Class Members may submit a Claim Form to receive one of the following benefits (only one type of benefit is available for each grill):
- Class Members who, on the effective date of the settlement, possess a grill that is in need of repair can elect to receive either a free firebox repair, a $180 Sears gift card or a $125 cash payment.
- Class Members who do not possess their grill on the effective date of the settlement (and who did not purchase a replacement) but who can provide evidence of material rusting of their firebox can receive either a $180 Sears gift card or $125 cash payment.
- Class Members who, on the effective date of the settlement, possess a Model 23682 grill, which cannot be repaired, can receive either a $180 Sears gift card or a $125 cash payment.
- Class Members who, on the effective date of the settlement, possess a grill and have already paid Sears to repair the grill are eligible for reimbursement of the amount paid to Sears to repair or replace the firebox.
- Class Members who purchased a replacement grill prior to the effective date of the settlement can receive either a repair kit or up to $300 in cash as reimbursement for the price of the replacement grill.
- Class Members who purchased the Kenmore grill between Jan. 1, 2011 and Dec. 31, 2013, and who purchased a replacement within 2.5 years of the original purchase but who do not possess the grill on the effective date of the settlement (and cannot provide photographic evidence showing rusting of the firebox or a complaint to Sears about rusting) are eligible to receive a $45 Sears gift card.
Under the terms of the Kenmore grill class action settlement, “material rusting” means rust that affects the structural integrity of the firebox tray. Evidence of material rusting may include a visible hole and/or break in the firebox caused by rust.
Proof of Purchase
Class Members should submit proof of purchase of the Kenmore grill (if that information is not in Sears’ records) or certification that the Kenmore grill was received as a gift in new condition.
If applicable, Class Members should provide proof of purchase of any replacement grill that was purchased. Class Members may also be required to submit photographic evidence of material rusting of the firebox.
Please follow the instructions on the Claim Form carefully before submitting your claim.
Claim Form Deadline
Oaks, et al. v. Sears Roebuck and Co., Case No. 1:15-cv-11318, in the U.S. District Court for the Northern District of Illinois, Eastern Division
Kenmore Firebox Grill Settlement
Settlement Administrator – Rust Consulting
P.O. Box 2563
Faribault, MN 55021-9563
SHEPHERD FINKELMAN MILLER & SHAH LLP
STEPHAN ZOURAS LLP
CUNEO GILBERT & LADUCA LLP
POGUST BRASLOW & MILLROOD LLP
J. Theodore Gentry