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Walmart sells car batteries with no intention of honoring their warranties, a class action lawsuit alleges.
Plaintiff Larry Maestas of California says Walmart has been failing to honor the warranty on its Walmart car batteries if the battery’s purchaser is named in an internal fraud database.
He claims Walmart’s failure to mention this warranty condition in its advertisements for Walmart car batteries violates California consumer protection laws.
Maestas says that sometime in late 2013 he purchased an EverStart MAXX car battery from Walmart. He says the in-store advertisement for the battery mentioned that it came with a total five-year warranty, covering a three-year replacement period and a two-year pro rata period.
In November 2015, and within the battery’s three-year replacement period, Maestas claims his battery started to malfunction. He says he asked Walmart to replace the battery according to the terms of the warranty.
Walmart refused to replace the battery, supposedly because Maestas’s name showed up on an internal fraud database. Apparently, he wrote a bad check to a Walmart in Colorado in 2000 – or so the defendant claimed.
But Maestas says his name should not have been in that database anyway because he never could have written the bad check in Colorado. During 2000, the plaintiff says he was serving in the U.S. Army and stationed in Kansas.
The Walmart class action lawsuit states that Maestas ended up having to pay more than $100 out of his own pocket to replace the battery.
Nowhere in the advertisement for Walmart car batteries did the store represent that the warranty was conditional on whether the purchaser’s name appeared in the internal database, Maestas claims.
Because of that omission, he argues, the advertising for Walmart batteries is false and misleading. He claims the company’s representations are “part of a common scheme to mislead consumers and incentivize them to purchase products” from Walmart.
Maestas says when he chose to buy Walmart car batteries, he relied on the representations about the applicable warranty. Relying on those representations left him on the hook for replacement costs he reasonably expected he wouldn’t have to pay, the Walmart class action claims.
He says that had he known Walmart did not plan to honor its products’ warranties if the purchaser appeared on its internal fraud database, he never would have purchased Walmart car batteries.
If certified as proposed, Maestas’s plaintiff Class will represent all persons who purchased Walmart car batteries within the applicable statute of limitations period.
He seeks an order from the court that would require Walmart to engage in a corrective advertising campaign that would clarify the terms of its warranty on Walmart car batteries. He also seeks an award of actual, statutory and punitive damages, court costs and attorneys’ fees.
The plaintiff is represented by attorneys Todd M. Friedman, Adrian R. Bacon, Meghan E. George and Thomas E. Wheeler of the Law Offices of Todd M. Friedman PC.
The Walmart Car Batteries Warranty Class Action Lawsuit is Larry Maestas v. Wal-Mart Stores Inc., Case No. 2:16-cv-02597, in the U.S. District Court for the Eastern District of California.
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53 thoughts onWalmart Class Action Says Warranty on Car Batteries is Falsely Advertised
I purchased a battery from Walmart and it was the ever start maxx 75 in Feb of 2023. It went bad mid Dec. of 23 and I took it back and got a new one. They tore the label off the top of the replacement battery and told me my warrantee was cancelled. The battery states 3-year free replacement on the label and is the reason I bought their most expensive battery. They said they only replace 1 battery, and the warranty is for 3 years free battery replacement is now cancelled. It doesn’t say anywhere in the warranty that you can only replace it 1 time nor that they can cancel my warrantee that I paid for in the original purchase. I brought a copy of their warrantee and they stated that doesn’t matter its store policy. When I asked to speak to the store manager, (Paul G,) they stated he was busy and could not resolve the issue. Walmart Super Center, Moncks Corner, SC 29461
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BOUGHT A WALMART CAR BATTERY AND IT BLEW UP WHILE DRIVING IT. BATTERY WAS ONLY COUPLE MONTHS OLD. MY CAR IS TOTALED NOW. INS WANTS ME TO GO AFTER WALMART FOR MY CLAIM. IM SO STRESSED ABOUT ALL THIS. NOW I HAVE NO CAR. BEING A SINGLE MOM MY LIFE IS CRUMBLING NOW. IS THERE ANYONE WHO HAS HAD THIS HAPPEN TO THEM.
My car blew up and totaled out in October 2023 whole driving and I been struggling since with them and carlios battery company about them paying me my car totaled out
I was wronged too they refused to exchange my battery that was within warranty. It was showing as dead and needing to be replaced. They said they wouldn’t do it no matter what. They refused to hold up their end of the contract and have shown bad faith.
I purchased a battery from Walmart and it was the ever start maxx. It went bad and I took it back and got a new one. Couple months later that battery went dead and I took it back and they said it wasn’t good but couldn’t replace it because I have already got 1. They said they only replace 1 battery and the warranty is for 3 years free battery replacement. It doesn’t say anywhere in the warranty that you cam only replace it 1 time.
Bought a battery at Walmart for a newer car. Almost a year later the car just stopped. AAA jumped my car and I took it to Walmart. They said it was fine but didn’t do a Load test on it. The main guy said they should of done that but the guy who looked at it didn’t. He said the battery was fine when the guy tested it in the shop.
A week later my car just stopped/went black when I was turning a corner. It died and it was scary! My husband took it to a different Mechanic who said the battery was at 57 percent. So my husband took it back to Walmart since it was still under warranty. Walmart again said the battery was fine! UGH I think something needs to be done about this!!!!
On May 19 2021 I purchased a new battery, the next day the battery was dead. After 5 aaa road service I used up all my road service calls I’m stranded and made me sick I’m 72 and have neck brace and their security was following me to auto center store on vacation 2weeks their angy at me they would not exchange or refund my money they bullied me and I didn’t want to be arrested so I’m at home sick from the confortation waiting for manger return from vacation they wouldn’t refund me nor exchange never worked the next day., I’m a senior can’t.get out to buy water please help deal they literally sicken me
I purchased a Walmart battery 2 years ago and today I can’t get a replacement battery because they told me they want honor the warranty because they don’t sell top post batteries. So now I have to purchase another battery without any compensation for my warranty on the battery purchased from Walmart
What? Yes they do sell top post batteries
I purchased walmart battery like to be in class action lawsuit