Sears notches a win in dryer suit

Posted by Brad Wednesday, March 4, 2009

I came across an interesting story at consumeraffairs.com:

Kenmore Dryer Suit Hung Out to Dry

"The Seventh Circuit Court of Appeals struck a blow to consumer class actions in an opinion reversing class certification for a lawsuit involving Kenmore clothes dryers.

"The suit, filed on behalf of plaintiffs in 28 states and the District of Columbia, alleged that Sears deceived customers by imprinting the words “stainless steel” on the outside of the dryers even though part of the drum, located entirely inside the dryer, was made of ceramic-coated, rather than stainless, steel.

"The lead plaintiff, Steven Thorogood of Tennessee, alleged that the non-stainless section of his drum rusted and stained his clothes."


The judge presiding over the case, Judge Richard Posner, seemed to dismiss the suit on a legal basis. However, he also rebukes the merits of the plaintiff's claims, chief among them being that Sears lied about the drum being made of stainless steel, and that deception resulted in rusting which damaged his clothes.

"Posner noted that rust stains are not a common problem among dryer owners, and that few people buy stainless appliances to prevent such stains."

That may be true. Nobody buys a stainless steel range with the expectation that the stainless steel will not rust. However, that is not the case with dryers containing a stainless steel drum. If you walk into any appliance store in the country and ask a salesperson the advantage of having a stainless steel drum in the dryer, 100% of them will tell you it will not rust, and therefore ruin your clothes.

It shouldn't matter that Sears did not advertise that the drum will not rust; the fact that the drum is stainless steel makes this implied. In addition, why would every salesperson claim that a stainless steel drum will resist rust? Because the manufacturers and management tell them to claim this as a benefit. And if the drum isn't even made entirely of stainless steel when the claim is made that it is, that is even more deceptive.

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