Home Depot class action alleges company forces customers to pay for damage protection

Home Depot class action lawsuit overview:

• Who: Plaintiff Randall Simmons filed a class action lawsuit against Home Depot USA Inc.
• Why: Simmons claims Home Depot forces customers to pay for “optional” damage protection.
• Where: The Home Depot class action lawsuit was filed in Georgia federal court.

A new class action lawsuit alleges Home Depot forces customers to pay for “optional” damage protection fees for its tool rental services. 

Plaintiff Randall Simmons claims Home Depot’s employees and its computer system force place damage protection fees even after a customer declines the service.

A store manager in Pelham, Alabama, told Randall that Home Depot’s “default setting is to add the protection, but that it could be taken off,” the Home Depot class action lawsuit alleges.

Simmons argues Home Depot’s damage protection fee generates the company “tens of millions of dollars each year” and that its practice of forcibly placing the fee on customers’ bills substantially inflates its revenue.

Home Depot class action claims damage protection fee breaches customer contract

The Home Depot class action lawsuit claims the company breached its contract by defaulting to add the damage protection fee to customers’ bills even though its contract states the service is “optional” and must be “selected” in order to be charged.

Simmons wants to represent a nationwide class and Georgia subclass of consumers who rented under a form contract substantially similar to his and was charged a damage protection fee without expressly opting in or selecting the service.

The plaintiff claims Home Depot is guilty of breach of contract and in violation of the Class Action Fairness Act.

Simmons demands a jury trial and requests declaratory and injunctive relief and an award of compensatory damages, attorneys’ fees, costs and other relief the court deems proper.

Recently, Home Depot was hit with another class action claiming it uses fake reference pricing to dupe consumers into thinking prices are advertised at a discount.

Have you ever been charged a damage protection fee by Home Depot? Let us know in the comments.

The plaintiff is represented by Taylor C. Bartlett and W. Lewis Garrison Jr. of Heninger Garrison Davis LLC.

The Home Depot class action lawsuit is Simmons, et al. v. Home Depot USA, Inc., Case No. 1:25-cv-02409, in the U.S. District Court for the Northern District of Georgia.

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