Sears Refuses To Refund $1070 For TV They Never Delivered

Update: one day after being posted here, the issue has been resolved. Sears strikes again! They sold Tom a TV for $1,070 on Black Friday last November. “Of course, it wasn’t in stock but they assured me that they could order it,” he writes. They were never able to deliver it, however, so finally Tom arranged for a similar discount on another TV and bought that one instead.
 
Now it’s four and half months later, and Sears still won’t remove the charge for the original out-of-stock TV from Tom’s Sears Card.

I would like to inform you of a problem that I’m having with Sears. I purchased a TV from Sears on Black Friday. They had a TV with a steep discount and I bought it. Of course, it wasn’t in stock but they assured me that they could order it. As I was leaving town in a few days for a week of vacation, this was not a major concern.
 
Upon returning from vacation, I contacted Sears and my TV was still not in. I waited another week and the TV was still not in. So, I complained to the manager and after several terse conversations they agreed to offer a similar discount on a different television. I purchased the new TV and left happy.
 
However, as of Monday, April 14, 2008 this TV still has not been refunded from my Sears Card. I have called the Sears location and Sears Cardmember Services numerous times. I have been consistently met with what can only be described as a systemic and calculated effort to prevent me from resolving this matter. Letters have been ignored or claimed to have been lost. I have been disconnected and/or hung up on repeatedly.
 
Did you know that Sears Cardmember Services dispute department doesn’t have a hold queue? Yes, you read that right. If you get transferred to “Disputes” and they don’t have an available operator, you get hung up on. But I’m sure they’re taking this matter seriously. I’ve spoken with two people (Juan and Tanaka) that flat out refused to let me speak to their supervisor.
 
I’ve repeatedly contacted the Sears at Chesterfield Mall where I purchased the television. When you ask for the manager her extension rings repeatedly with no answer and then hangs up on you. Apparently Sears retail frowns on voicemail as much Sears Card does.
 
I’ve spoken with someone claiming to be the Manager On Duty named Rob. He told me a month ago that he had refunded my money. So imagine my surprise when I received a letter on Friday, April 11 stating that Sears Card had rejected my dispute.
 
I would challenge Sears to produced one piece of evidence that shows that I picked up this television. Personally, I don’t think the TV ever shipped to the store. When I went in to buy the TV that ended up with, I inquired about the original model since it was still prominently displayed on the floor with a sale price. I was told that it wasn’t in stock. Having a steeply discounted television displayed that is unavailable for purchase sounds dangerously close to “bait and switch” to me, but I’m not a lawyer.
 
All I want is for Sears to refund my $1,070.74 plus any interest and/or late fees that have accumulated and they refuse to do it. I never picked up this TV as it never arrived.
 
Any help you could give me in rectifying this matter would be greatly appreciated.

Tom, we don’t have reliable Sears contact info at the moment. (Can anyone remedy this?) Last summer we posted the email address and potential phone number for then-CEO Aylwin B. Lewis, but he’s gone we don’t have any new info. You could try searching EDGAR filings for high-level names and numbers. You should also file a formal complaint with your state’s Attorney General’s office.

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