John sent a message to Edward Lampert Chairman and CEO of Sears Holdings Email Address that said:
I am informing you that a small claims lawsuit will be filed by me against Sears for denying the refund I am entitled to. I will be serving you directly and and Senior Vice President , Customer Experience and Integrated Retail, Leena Munjal.
This is in regards to online order if you are interested in the background of this complaint.
I purchased a TV console from Sears.com and it arrived damaged. I reported the damage within 24 hours, despite having to go through three numbers to reach the proper service department. I have made every effort to follow the ambiguous, confusing and contradictory instructions, printed and verbal. Sears finally sent me an email confirming the return and scheduled a UPS pickup.
UPS picked it up. It's been two weeks almost a dozen emails and several hours on the phone and still no refund. They say the item has not been received and I need to provide a tracking number. They coordinated the pickup and never provided a tracking number. They say there is no way of getting it from UPS but expect me to.
I am filing a small claims suit for the amount of the purchase and accrued interest on my credit card. I will also seek punitive damages to the maximum of $10,000 as I believe, and feel I can convince the judge, that their return mechanisms, including technological difficulties, obfuscation of policies, obfuscation of contact information and policies that seek to deny refunds to those entitled directly and through attrition due to frustration.
In addition I am finding a very high volume of comments in forums and social media outlets suggesting this is a sweeping problem and will investigate the possibility of a class action suit against Sears.
As part of the suit I will demand the transcripts and recordings of all communications via phone and on the web.
You will receive the legal service in the near future.