(CN) - When Sears customers pay extra for installation, Sears "simply pocket[s] the money" without doing the work, a class action in Los Angeles alleges.
Edwin Ruano, who bought an HVAC system from Sears, including installation, for his home in Los Angeles, hopes to represent a class of the thousands of other customers in his position.
He filed the complaint against Sears Roebuck & Co. in Los Angeles County Superior Court on Jan. 29.
In the action, Ruano outlines eight, allegedly untrue, statements by Sears about its HVAC installation, including the performance of an "installation analysis."
Sears charges $195 for this service, which "is purportedly for the installer to assess the equipment that will be needed to complete the HVAC installation on the installation date."
"However, the installation analysis is never performed by Sears or its designated installers," the complaint states. "Rather, Sears and the designated installer simply pocket the money with no such installation analysis ever being performed."
Ruano also targets the claim that consumers are "required" to buy a UV light in plenum or evaporator coil, which "will be installed during the installation of the Sears HVAC system."
"Defendant regularly charges a fee for installation analysis which it never performs and for UV lights which are never installed," the complaint states.
Alleging breach of warranty, violation of the Consumers Legal Remedies Act, and other wrongs, the class seeks an injunction and punitive damages.
It is represented by Terry Bailey with Kabateck Brown Kellner.
Los Angeles Superior Court Central District
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