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Sears Must Refund NY Battery Overcharges

August 21, 2003
Sears Roebuck and Co. will pay $105,000 to 50,000 New York residents who were overcharged when they bought new car batteries, state Attorney General Eliot Spitzer announced.

Under New York law, retailers can charge, and keep, $5 when people buy new car batteries and do not turn in an old battery. Sears was charging $7.

In addition to agreeing to repay customers, Sears will pay $10,000 in civil penalties, Spitzer's office said.

The settlement applies to people who purchased car batteries between 1999 and March 14, 2003, and did not turn in their old batteries.

"My office will continue to monitor the acts of auto parts distributors to ensure that they are properly complying with the state's 'return incentive' statute in order to protect both consumers and the environment," Spitzer said.

When notified by Spitzer's office that it was charging more than allowed by law, Sears immediately lowered the charge to five dollars, according to Spitzer's office.

Any portion of the $105,000 that is not repaid to consumers who were overcharged will be donated to West Harlem Environmental Action; and the New York City Coalition to End Lead Poisoning Inc.

Earlier this year, Spitzer's office entered into similar settlements with AutoZone, Inc. and Advance Stores Company, Inc. over similar excessive fees.

Consumers have 45 days to file claim forms with the Attorney General's office. Individuals are encouraged to call the Attorney General's consumer help line at (800) 771-7755 or visit the office's web site at www.oag.state.ny.us.

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