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. Corynne says:

    I would like to be added to this lawsuit. Walmart has removed all of its in store pole scanners and has advertised that we can check prices with the app. Twice I have scanned an item in store only to pay 20%-60% more at the register. I have requested a price match with sales associates and customer service only to be told that they cannot honor the price their app scanned the item for. They told me that I would have to order online and pick up in store. How does it make sense to require us to create more work for their associates to fulfill an online order instead of just honoring the app price? It’s making me not want to shop there… ever.

  2. Amber N Douglas says:

    I am a constant victim of Walmart and this practice and others. I just went in there yesterday, I took pictures because none of the canning jars had prices, tags, nothing. The canning jars are actually marked up higher than other stores. When u get to the register, it’s double price as other store. This is probably the reason why the canning jars were not priced priced. A few months ago, I look online for a few weeks for a microwave and Walmart ended up being the place that I got it. I looked online and it was $60 for a pretty good microwave, I went to the store and it was $100. I took it to check out to ask if they can give me the online price and they insisted no that’s online you have to do this online even though I was right there in the store. I went to customer service and ask them but the line was so long that I did not have time to stand in the line. This around was around the holidays when people were returning things so there was a about an hour wait just to get to customer service. I ended up buying the microwave in the store and giving it the one that I had that I was trying to buy that they wanted to charge me almost doubled to customer service. I had to drive all the way back to my house, which is 15 minutes away and then immediately I get a notification telling me to come back to the store to get my microwave. So instead of one trip I made four because this nonsense. I did all this to save $40 because the website is lower for this product then in store. Please contact me if this lawsuit is still pending because I have more issues similar to this that I have experienced with Walmart and I didn’t even mention the diapers that made a burn on my child’s bum, and parents’ choice asked me to send the diapers back to them and I’ve heard nothing about it. Please contact me, I am a constant victim of Walmart

  3. Sangerine Buttler says:

    Hello. I shop there at Walmart all the time. Add me to This Katie m Lawsuit as well.

  4. Bam says:

    Why is it only select few days something, but continue to go back…if it’s frustrating to you stop going simple. The prices online are online prices which you pay online not in the store hence the reason for it being the benefit of shopping online. I’ve heard so many people at times come into the store and wanting that price. And why is it a major issue with self check I rather deal with that than some rude ppl who are employed any day and I’m sure they feel the same. You don’t know how a person is doing or what has happened during their day and you come and hassle them and then it turns to chaos. WHY?

    1. Forrest P says:

      Just yesterday I was in Walmart in Mn and used the in app scanner on a item without any price listing on shelves nor tags on the item. It was a mega GPK Mega box 2022 Bookworms sticker cards. Item immediately shows up and says $20. Went thru self checkout and realised after that something was off. It charged me $29.98. Customer service says they will not do anything because they only match with walmart.com not their OWN app!

  5. Shannon clayborne says:

    Walmart does this all the time. Every time I order online I make sure I scroll down and check all the prices before I add to my cart. On the app I have seen the exact same thing nothing different and the price will not be the same. Electronics sometime say refurbished so that’s always different but when your buy diapers and wipes and they are the same but different prices that’s not on. I saw a jumper online for $72.00 and when I went to Walmart and got it I payed 84.00. I went straight to customer service and asked why the price was different and the lady told me that all stores may have different prices and when I said it showed for this store she had no comment and said I could return it if I wasn’t happy with the cost. No apologies no explanation for why the store she worked at was advertising the wrong price online.

  6. RK says:

    I can’t tell you the amount of times I have been enticed into the store by their website prices on items they say are specifically available in the store. And they are nowhere to be found in the store. Not just sold out, but according to the department manager, the item was never sold at the store ever! I have complained repeatedly to the store manager, who just shrugs and tells me that is usual, that whoever does the website has so many inaccuracies, no one at the store supports what the website says.

    It is unconscionable that any business can get away with this crap as “business as usual” like Walmart does. But greed and gross dishonesty has to come from the top down. Who is the leader and shining example of virtue currently sitting in the oval office? We are not a society who cares about honesty and fairness and integrity, just me me me and me.

  7. Annoyed Customer says:

    These comments are spot-on. Walmart removed all of the in store pole scanners, tell you to use the app to check prices then when you do, you’re eventually going to find out that what the pp is telling you and what the register tells you are two entirely different things. Also agree with the comment saying this is likely intentional–“well I’m here already so may as well just get it for the higher price”, figuring it’s either too much of a bother to have an associate change the price or them flat out refusing to change it, insisting “that’s the online price”

  8. Christian D says:

    Also we have to remember that Walmart.com like other sellers such as Amazon have 3rd parties selling through the website. Therefore, if a carseat was $89 on walmart.com but sold by BabyCo *just a made up example*…and you go in the store and Walmart sells that same carseat for $100 you can’t expect the online price because that is not Walmart selling the item directly.

    I feel like sometimes people complain because its “Walmart” but if you shop retail online like PINK or anywhere else and they have deals going for certain items, you go in the store and they don’t give you that item for that price because 9/10 its an online only deal.

  9. HEATHER GARDNER says:

    Yes, today. The olrot 15lb dog food was 7.98 in the app and ring up at the register 10. 98. Now I have to waste time snd gas to get the price adjusted as I did not notice right away .

  10. Jason says:

    At the store today I used the app to scan the barcode of 6 items. Everyone of them charged at the register at least 20% more than what the app said it cost. Their scan app is not accurate and is misleading. I feel like I got robbed of almost 50 dollars today.

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