Emily Sortor  |  January 9, 2020

Category: Legal News

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Walmart app on phoneA class action lawsuit claims that Walmart misleads consumers by advertising prices on its online app that are lower than those offered in stores.

Plaintiff Sofia Maynez says she used Walmart’s app to view prices of items, which she then purchased in-store.

According to the Walmart class action, she viewed Huggies Wipes as advertised for $5.44 on the Walmart app, and Huggies Pull Ups advertised at $8.97 on the app. 

However, when the plaintiff says that when she went to purchase the items in-store, she paid $12.54 for the Huggies Wipes, and $31.84 for the Huggies Pull Ups.

According to Maynez, she paid $29.97 more for the two items in-store than she would have if they were sold for the prices offered on the Walmart app.

The Walmart class action says the retail giant makes a widespread practice of misrepresenting prices on its app. The plaintiff states that this practice violates California law including the Unfair Competition Law, the Consumer Legal Remedies Act, and the False Advertising Law.

Maynez seeks damages on behalf of herself and all other similarly affected consumers around the country who, in the last four years, used Walmart’s e-commerce app, found a quoted price, and then purchased the same item at a store for a price higher than that advertised on the app at the time of their purchase.

Additionally, she hopes to represent an Injunctive Relief Class of those consumers who saw a price on the app, but were offered the item at a higher price in-store, even if they did not purchase the item.

She seeks for Walmart to be required to disgorge all profits gained from wrongfully representing prices to entice consumers into making purchases. She also wants damages on behalf of herself and all consumers allegedly injured by Walmart’s conduct.

The Walmart pricing class action lawsuit asserts that Walmart knew that its online prices were lower than the in-store prices, and made them inconsistent in an act of “fraud, malice, and conscious disregard” for the rights of its consumers. 

Allegedly, Walmart intentionally misled its consumers in the interest of its own profits, knowing consumers would be enticed by the low prices represented on the app.

According to the Walmart app pricing class action lawsuit, the company was unjustly enriched by its misrepresentation of online and in-store prices, at the expense of its unknowing consumers.

Have you ever purchased an item that was advertised by the same retailer for a lower price online at the time of your in-store purchase? Share your experiences in the comments below.

Maynez is represented by Michael Louis Kelly of Kirtland & Packard LLP.

The Walmart App Pricing Inconsistency Class Action Lawsuit is Sofia Maynez v. Walmart Inc., et al., Case No. 2:20-cv-0023, in the U.S. District Court for the Central District of California.

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2,066 thoughts onWalmart App Prices Lower Than Stores, Class Action Lawsuit Claims

  1. Michelle Lee says:

    Please add me.
    Walgreens does the same!

    1. Jeannette Santos says:

      The website also adds $7.00 tip automatically for driver delivery from store and automatically signs you up for Walmart yearly delivery service charge when you click on the free delivery for 30 days option. Makes it difficult to look back at all total charges before checkout online stating if you go back you must renter all delivery info once again. Different delivery dates for items included extra delivery charges. Jeannettepoole@yahoo.com

      1. mike holland says:

        Please add me to the suit when I go to Walmart I use my app and most of the time the app prices are much lower than in store thanks!!!

  2. Michele Quillin says:

    Same on what everyone else said! Even when just shopping online, I will find something at one price, click on it & when item pulls up, its a completely, usually way higher price than what was originally advertised! Its like a bait, & switch, hoping people wont catch the 2nd price & just add to cart.
    Even without pulling the item up, if it happens to have “add”on the original listing. it doesn’t “add” said item at said price, but instead 3x more!

    1. Jeannette Santos says:

      Add me also check website for automatically charging for membership when using free delivery option for 30 days. Auto charged $7 for driver tip.

  3. Vicki Bann says:

    Yes, ad me to this suit! Every time I go into the my store, i now have to take a picture of EACH items shelf price that I put in my cart, I can’t do self check out bc every single item is a different price, either on the shelf or when I scan it saying I’m in the store, on the app.
    I tried to get a BBQ for my husband on Father’s day, went to a totally different town to purchase, bc they said out of stock in my store. The app said it was $89, at that store as well. I ended up wasting 2 hours and the gas to go 2 towns over, to buy it, it rang up at 149$, and I changed stores on the app to find it. I showed the manager, they said they won’t match prices on line advertising and I scanned it in store where I was it still said $89. I left the store without making a 400$ purchase bc it should have only been 200$, according to scanning and aving to. screen shot each of the items. When it does absolutely no good wasting my time doing that either.
    A person commented if you all get mad, then don’t shop there, which make since, IF you can go to another store, BUT some people, like myself don’t have the means to do that. It should illegal to do this and the only store I can get to in a reasonable amount of time is Walmart. The policy of Walmart that is posted on line is to price match, but they won’t do it because they say they are told they’re not allowed to anymore so don’t make customers use the app for prices and put the scanners back in the stores and hire checkers instead of folks standing there staring at you while you do their job like your stealing from them, instead they are stealing from the customer!
    They also just ran a commercial stating the prices you paid for holiday meals LAST YEAR is the price you’ll pay this year, this too is TOTALLY FALSE ADVERTISING, everything I bought this year cost me 31$ more than last year, and I’ve got the proof bc I went back and compared my recipts as I pay for the membership and I did go back to compare prices. PLEASE AD ME TO THIS SUIT!! I’m tired of their lies, and allowing them to rob the people that keep them in business.. They also ad tips to the deliveries even when YOU DON’T!! Which should be my choice 🤔

  4. clint miller says:

    I have noticed this numerous times. Half of the times the price at the register does not even match the shelf price. I have had employees tell me straight out that they cant keep up with the rate of price increases. Then just this morning I picked up a curbside order and knew it was higher then it should be. I purchased 2 turkeys that were on line at $.98 a pound and was charged $1.48 a pound, thats a pretty gouge on one item when they were almost 32 pounds for the 2 of them. So I got overcharged by over $17.00 with tax on one grocery item. When I called to get it taken care of was told by the service desk that I had to talk to the curbside people. When transferred the gal said she would talk to her boss and call me back this afternoon, but said she doubted they would do anything about it. Just think of the millions of dollars walmart is making off of scamming people daily.

  5. Stacey Rutt says:

    Yes definitely add me this has been my experience since I’ve started checking online before purchasing either online for pickup, delivery or in-store so 10 plus years. Most times I just paid they register price. Other times I’d argue and end up leaving upset without my items. Very frustrated and overwhelmed.

  6. Diana Allen says:

    Just today, I used the Walmart app and scanned a Mainstays patio heated 48000 BTU and it scanned the item for $59.00 so I get 2 patio heaters. We’ll when I get to the register it rings up 149.00 for each patio heater and three different store managers gave me a run around. Stating that was an online price and that they couldn’t accept the reduced price. Whenever I pulled up the app and tried to enter the patio heater into my cart all the Walmart stores within a 50 plus miles radius stated “Item not available at this store” I am physically looking at 10 plus of the patio heaters. So please tell me what the world is going on. The managers just walked away from my husband and I and left us standing there still wondering what to do. This is poor business for Walmart and terrible customer service.
    Yes, please enter me into the law suit against Walmart.

  7. Christine says:

    Add me! Just today I scanned a puzzle for $7.75 but it rang up over $10!! When I brought it to customer service, she insisted it was the online price. I said, no, how can I physically scan an item that is online?! She used her scanner and it rang up at discounted price. After much arguing and lecturing, she refunded me the $3 difference! What a bunch of crooks!

  8. Bill Mc says:

    I experience the same problem across Walmart at every visit. I use the app every trip, it’s faster to locate the item you want when you know the isle it’s on. When you do so, you also obtain the price of that item. That price is consistently higher at the register.
    Today for example, I scanned a car battery at 159.98, at the register it rang up at $169.98. When I asked the cashier, the response was “that’s the online price. My comment was ok, I’ll buy it online, you have it in the counter and I will show you the receipt and take it with me. He looked at me like I had 3 eyes and said, I don’t know about that. The car battery I needed for my wife’s car was the last one on the shelf. So, it’s your wife’s car, what are you going to do- you pay it and get it repaired.
    The problem is also not local to our store, I have had the same experience all over the state.
    Add me to the list of plaintiff’s.

  9. Craig says:

    This happened to me, yet again, today. A pair of shorts was on clearance for $14, yet when I scanned via the app, it was $8.50! They gave me the lower price but didn’t budge on the wasp spray on which the app had as about a dollar cheaper. This happens all the time no matter what Walmart I go to, and on all sorts of items, and I have to humiliate myself to get the slightest discount. I’d love to be part of this lawsuit. Since the only way for a customer to scan a price in the store is via the app, Walmart’s policies make no sense.

    1. Tonya says:

      Walmart has become a real joke to be honest. I have a lot of altercations with their employees regarding the prices on items in the app verses the in-store price of the same exact items. Also if anyone has noticed, a lot of times when u are in a Walmart store and u scan an item, it will say one price even when u have clicked on the “in-store price” filter and then when u go to scan it at check out, it says a higher price than what it says on the app for that particular store. Employees have argued with me saying that it is the price if I had ordered it online and picked up at that store. I argued back saying it isn’t because I clicked on the in-store price. Some times the employees would fix the price but most of the time they would just argue it until I ended up just leaving everything I was going to purchase and walk out.

    2. Chris says:

      Oh I hope you read my replay before walmart removes or makes any corrections. But please PLEASE I want EVERYONE TO GOOGE SEARCH “What is walmart’s price match policy?” Click on walmart link ONLY, it’ll say something like “click here for more details.” On the following page it’ll tell you we (walmart) will price match US stores only on walmart.com and in store price. It will tell you to read exclusions below. Take a screenshot of that page and the time and date will be embedded in the info of your screenshot. Take that screenshot and proof of purchase to a lawyer so you can sue walmart for fraud.

  10. Gina says:

    Please add me
    The price in store is often different then the price on the app
    They also removed most of the price scanners only a few left and they are different in price then they are in the app

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