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UPDATE 2: September 2020, the Walmart weighted goods class action settlement is now open. Click here to file a claim.
UPDATE: On Aug. 7, 2020, Walmart agreed to pay up to $9.5 million and change some of its business practices to settle a class action lawsuit accusing the retailer of using sales prices to overcharge for packaged meat.
Walmart uses “sale” prices to overcharge for their packaged meat products and other weighted goods, according to a class action lawsuit.
The Walmart pricing class action lawsuit states that starting in February 2015, the retailer placed perishable weighted goods close to their expiration date on sale.
These packaged goods were reportedly advertised with a reduced unit sale price, but the final sale price didn’t correspond with the price based on the weight of the product.
For example, in November 2018, Walmart reportedly sold a 1.18 lb. package of chicken tenders at a unit price of $5.78 per pound – reduced from the original price of $6.82 per pound.
As the expiration date of these tenders approached, Walmart reportedly dropped the advertised sale price to $3.77 per pound. At this price, the consumer reportedly should have been charged $4.45. However, the Walmart class action says the final sale price ended up being $5.93, gaining Walmart an additional $1.48 through false advertising.
In another situation, the retailer allegedly sold a 1.36 lb. pack of chicken wings at $3.87 per pound after reducing the original price of $5.26 per pound. Later, as the expiration date approached, Walmart reportedly decreased the price to $1.67 per pound which should have resulted in a price of $2.27. However, the Walmart class action states that the customer was charged $3.52 at checkout – resulting in Walmart collecting an additional $1.25 in profit.
“Consumers are provided with an item’s unit price in addition to its overall price as a tool to help them make informed purchasing decisions,” the Walmart pricing class action lawsuit states. “Walmart’s sale labels and pricing practices were deceptive, unfair, and unconscionable, depriving consumers of the promised value of the weighted goods they purchased.”
Lead plaintiff Vassilios Kukorinis argues that the majority of Walmart’s sales are derived from groceries. Products such as the weighted goods are allegedly tracked in Walmart’s “sophisticated” inventory and pricing system which is used to determine sale prices.
However, the plaintiff says that despite using a detailed system to track prices, Walmart advertises their products using false representations.
Kukorinis argues that Walmart’s pricing scheme violates Federal Trade Commission (FTC) guidelines that prohibit deceptive pricing. The FTC requires price comparisons made by retailers to be “genuine and truthful.”
“Walmart, however, fails to comply with this FTC guideline,” Kukorinis argues. “Instead, Walmart employs deceptive and unfair practices to deceive customers into paying artificially inflated prices for goods that Walmart places on sale. These goods include all Weighted Goods.”
Kukorinis seeks to represent a Class of consumers who purchased weighted goods (such as beef, pork, poultry, and fish), which had a misrepresented unit sale price not reflected by the final sale price, from a Florida Walmart since Feb. 13, 2015.
He estimates that the proposed pricing Class includes “hundreds of thousands” of Florida Walmart customers.
The Walmart class action lawsuit seeks restitution, disgorgement, actual damages, compensatory damages, court costs, and attorneys’ fees.
Kukorinis and the proposed Class are represented by John A. Yanchunis and Ryan McGee of Morgan & Morgan Complex Litigation Group.
The Walmart Weighted Goods Class Action Lawsuit is Kukorinis v. Walmart Inc., Case No. 9:19-cv-80221-XXXX, in the U.S. District Court for the Southern District of Florida.
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2,007 thoughts onWalmart Class Action Alleges Grocery Pricing Scheme on Weighted Food
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I received my check today via postal mail for $20.36
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I am not sure if you are aware, but you need to go online and complete a claim form providing your info and confirm not to commit forgery, sign and date it. I see a lot of people attempting to say add me but that is not how it works and I do not want you to miss the deadline thinking that somebody has added you to the settlement. Wishing you the best…
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would like to be added
I’m not sure if you know that you can’t just be added but you have to complete forms and swear by a statement to not commit perjury.Then you receive a confirmation to your claim to a specific settlement. They require a few identifiable pieces of info. I wanted to let you know so you don’t miss the deadline to the case. Wishing you the best!
Please add me as I occasionally shop at Wal-Mart for my husband and have bought many packaged meat items that were suppose to be “on sale”. I refuse to shop at Wal-Mart as I worked for them for over 6 years, 5 of those as a Meat Department manager. At that time, I would have told the media if that practice had been asked of me to do. The reason I WILL not shop there myself is I know first-hand how upper-management treats their employees and it is horrible and unbelievable unless you see it first-hand. God bless all you present Wal-Mart employees!
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I’m not sure if you know that you can’t just be added but you have to complete forms and swear by a statement to not commit perjury.Then you receive a confirmation to your claim to a specific settlement. They require a few identifiable pieces of info. I wanted to let you know so you don’t miss the deadline to the case. Wishing you the best!
Add me
I’m not sure if you know that you can’t just be added but you have to complete forms and swear by a statement to not commit perjury.Then you receive a confirmation to your claim to a specific settlement. They require a few identifiable pieces of info. I wanted to let you know so you don’t miss the deadline to the case. Wishing you the best!
Add me