I got a note in the mail yesterday informing me that I was part of a class for whom a settlement had been reached in a class action lawsuit (you can read the details here, but basically some people sued Sears because Sears did not provide free installation of the included anti-tip bracket that came with the kitchen ranges Sears sold.) Anyway, I think this is complete bullshit, and despite the fact that MY anti-tip bracket is still sitting in a drawer in my kitchen six months later, I don’t think Sears should be paying a dime on this one. Is there any point to my writing to the Judge in the case and stating my position? Its not one of the included check-boxes on the form.
Looking over the settlement which you’ve linked to - you can opt out of the settlement, but I suspect it’s unlikely to save Sears any money. They’ve got a cap on the award available, and I imagine that’s already been reduced to some fraction of the total number of potential awards to class members that there might be.
So, it seems to me that your refusal to partake will have no effect other than the personal one for you. FTM, I doubt the judge will actually see any of the returns for this settlement. AIUI part of the negotiations in a class action suit includes determining which third party will administer the award to the affected class. And that third party is whom you’ve got the contact information for.
You’re free to object, but by the time these things have oozed their way along to the point that they have their own websites, it’s a done deal.
The process to object is fairly simple as these things go, but still a bit onerous - you need to prove that you’re a member of the class, and have to mail your filing to three places. And you have less than a week to do so - your filing must be received (not simply postmarked) by the 14th.
For what it’s worth, the settlement is valid and appropriate. This site indicates that Sears knew they were not complying with requirements to install the brackets back in 1996, and that they misled Underwriters Laboratories in 2000.
I agree with gotpasswords, the range was designed to be installed with the anti tip bracket, and Sears failed to install them as part of their installation service. When I pay for a professional to install an appliance, I expect a professional job, and that means no short cuts or ignored safety devices.
If I were you, I’d opt in and get the bracket installed. This is from a person who’s refused to join two class action suits that he thought were bullshit.