A statewide class action has been filed in Florida against Sears Home Improvement Services, Inc. The action is brought on behalf of all Florida residents who, since April 1999, have had vinyl siding installed by Sears on their home. The action alleges that Sears has violated Florida's Deceptive and Unfair Trade Practices Act by overestimating the amount of materials required
for the installation job and then not crediting the purchasers for any unused material that was not in the estimate. The purchasers are seeking unspecified compensatory damages a well as injunctive and declaratory relief.

According to the purchasers, Sears has a policy of overestimating the amount of materials required for an installation of vinyl siding on customer's homes. According to the purchasers, Sears encourages its sales staff, through sales policies and commission structures, to overestimate and sell more materials than are required for the job. Then, according to the purchasers, Sears returns the unused materials to its inventory and resells the material to other customers. The purchasers content that they are entitled to a credit based on the unused materials beyond the allowable, by law, ten percent waste factor. According to the purchasers, Sears often overestimates and overcharges for as much as 30% of the material required. The purchasers allege that this can equate to their being overcharged thousands of dollars.

While the action is brought under Florida law, the purchasers are investigating adding a claim under the federal Truth in Lending Act since Sears often finances the sale of siding to consumers. It is estimated that the potential class includes hundreds, and possibly thousands, of Florida residents.