Jessy Edwards ย |ย  September 28, 2022

Category: Legal News
Walmart + membership in store sign.
(Photo Credit: The Toidi/Shutterstock)

Walmart+ subscription class action overview:ย 

  • Who: A Walmart customer is suing the retailer over its Walmart+ subscription service.ย 
  • Why: The plaintiff says the company misleads customers and tricks them into subscriptions they donโ€™t want.ย 
  • Where: The Walmart+ class action was filed in a Michigan federal court.

Walmart misleads customers and tricks them into subscriptions they donโ€™t want through its subscription service Walmart+ , a new class action lawsuit alleges.ย 

Plaintiff Ryan Lee filed the class action lawsuit against Walmart, Inc. Sept. 23 in a Michigan federal court, alleging violations of state and federal consumer laws.ย 

According to the lawsuit, Walmart Inc. markets and sells a subscription service known as Walmart+. The service is marketed as costing $12.95 per month or $98.00 per year, and tells customers they can โ€œsave $1,300+ a year*โ€ through โ€œfree delivery, fuel discounts, & more!โ€

Potential customers are enticed to โ€œSave $800+ with free deliveryโ€ and โ€œ$500+ on shipping fees,โ€ the lawsuit states.ย 

However, these benefits are โ€œpotentially illusory,โ€ as disclosed by the fine print for the service, Lee alleges.

Walmartโ€™s reported savings not based on reality, lawsuit alleges

Walmartโ€™s small print explains that its marketing compares itself to those who make two orders a week.

โ€œHowever, Defendantโ€™s records would reveal that an average customer does not place orders for two deliveries per week nor make two orders from Walmart.com for less than $35 per week,โ€ the lawsuit states.

While the marketing promotes โ€œFree delivery from your storeโ€ and โ€œ$0 delivery fees,โ€ the small print below reveals there is a โ€œ$35 order minimum,โ€ subject to additional restrictions including the fact it excludes most marketplace items, the Walmart+ lawsuit adds.ย 

Lee also takes issue with the Walmart+ default auto renewal policy.ย 

โ€œBy adopting a default auto renewal, Defendant takes advantage of consumer inertia because auto renewal users are seven times more likely to โ€˜continue,โ€™ or not cancel, their subscriptions, compared to users enrolled in an auto cancel subscription,โ€ he says.ย 

The plaintiff is looking to represent a Michigan class of consumers who subscribed to Walmart+ and a consumer fraud multistate class of consumers from Iowa, Kansas, Montana, Alaska, Arkansas, Wyoming, West Virginia, Kentucky, South Carolina, South Dakota, and Utah.

Heโ€™s suing under state consumer laws and for breach of warranty and fraud, and seeking certification of the class action, fees, costs and a jury trial.ย 

Meanwhile, Walmart has been the target of numerous class action lawsuits in the past month with claims ranging from false advertising to misleading representations and failing to properly monitor its money transfer service. Click here to read more.ย 

Do you have a Walmart+ subscription? Let us know your experience in the comments!ย 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.ย 

The Walmart class action is Ryan Lee v. Walmart, Inc., Case No. 1:22-cv-12258 in a U.S. District Court Eastern District of Michigan Northern Division.ย 


Donโ€™t Miss Out!

Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!


Read About More Class Action Lawsuits & Class Action Settlements:

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

41 thoughts onWalmart class action alleges company misleads consumers as to Walmart+ subscription benefits

  1. Toni Meghreblian says:

    Walmart just sent me an email saying I signed up for a free Walmart+ account and would be charged for it in a year. I did not sign up for a Walmart+ account, and in fact, I canceled my account when they started charging for it. This is pure fraud.

    1. Cynthia says:

      Walmart just charged me for the plus membership AGAIN this year, after I had it out with them last year for doing the same thing on a saved debit card for $106. They need to be audited, and criminally charged for each attempt of fraud!

    2. Kristie says:

      They did the same thing to me

  2. Gary Branson says:

    Walmart advertises discounts in a deceptive way. I saw a tablet that my friendโ€™s daughter needed for a project we were going to be working on together. The tabletโ€™s listing showed that it was going to be discounted the following week, right before Thanksgiving.

    I placed the tablet in my cart as a placeholder for when the sale price was scheduled to take effect.

    The day came and I tried to buy the tablet, but I got a notification that told me the only way to access that sale price was to sign up for Walmart+. They had said nothing in the ad about having to sign up for a subscription service, but when I arrived at the point of purchase, they changed the rules.

    Do they really think they are above consequences for doing a bait-and-switch?!?

  3. Nancy Griffin Breck says:

    I placed an order for $90 to be delivered. Upon checkout, I was offered at Capital One card and 5% back and when the system asked for my drivers license. The system could not read my drivers license that I spent 45 minutes trying to submit. So, nothing happened and I did not get the card , I did not get free delivery, I did not get 5% back. I did get a 5 point ding on my card. Then later in the week they ran the application again (without my knowledge and did not get my FL Drivers License) and dinged my credit another 5 points. Recently, I saw where I was a Walmart plus member. I do not want in home delivery and did not sign up for $40 plus membership. In addition I was given an offer to pay by the year $58 for free delivery which is stupid because deliveries over $35 are free delivery. I have contacted Capital One numerous time only to be told I needed to contact Walmart which was illusive. And they said they could not help me to contact Capital One and dispute the charge. I am 75. I am furious. Walmart/Capital One is a scam and deceptive.

  4. Kathleen Cuizon says:

    Walmart charged both my cards on file for the Walmart plus membership and I still havenโ€™t gotten my refund on one of my cards. This charge caused me to get overdraft fees on one of my accounts. Please add me to this lawsuit. Iโ€™m in CA. This tโ€™s me off

  5. Erin says:

    We just discovered weโ€™ve been getting charged about $15 each month for eight months for Walmart+ although Iโ€™m positive we never even started a free trial. When I went to my account, itโ€™s trying to advertise a free trial to me so I donโ€™t think I even have had Walmart+ even though weโ€™ve been fraudulently charged for the subscription. We will be calling credit card company tomorrow to report this.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.