Update:ย
- The 7th Circuit reversed a district courtโs decision to toss a class action lawsuit filed against Walmart over claims it used false and misleading shelf pricing.ย
- The appeals court disagreed with the theory that providing customers with a receipt with the actual price was sufficient to dispel any potential deception or unfairness caused by an inaccurate shelf price.ย
- The court did agree with Walmart that the complaint did not allege a plausible likelihood of future injury needed for injunctive relief under the Illinois Uniform Deceptive Trade Practices Act.ย
- The plaintiff claims Walmart customers paid around 5-10% more than they expected due to allegedly false and misleading shelf price advertising.ย
Target, Walmart shelf pricing class action lawsuits overview:ย
- Who: Yoram Kahn filed separate class action lawsuits against Walmart, Inc. and Target Corporation.ย
- Why: Khan claims Walmart and Target use false and misleading shelf pricing which misrepresents the amount a consumer will actually have to pay for the merchandise at checkout.ย
- Where: The class action lawsuits were filed in Illinois federal court.
(Aug. 11, 2022)
See Walmart and Target place false and misleading advertisements on price displays and shelf signs, a pair of new class action lawsuits allege.
Plaintiff Yoram Kahn claims in separate class action lawsuits that Walmart and Target use what is known as shelf pricing that โfrequently misrepresents the prices consumers are charged at the point of sale.โย
Kahn argues Walmart and Targetโs alleged price misrepresentations cause consumers to โfall victim to a classic โbait and switch,โโ and โunknowingly overpayโ Walmart and Target โa higher price for the falsely-advertised merchandise at checkout.โย
โConsumers reasonably rely on Shelf Pricing to make informed purchasing decisions, and reasonably expect to pay the advertised Shelf Price when they reach the checkout,โ states the Walmart class action and Target class action.ย
Kahn wants to represent a nationwide Class and Illinois subclass of consumers who have purchased merchandise from Walmart and/or Target and who paid a higher price than what was the advertised shelf price.ย
Merchandise affected by allegedly false and misleading shelf price advertising end up costing consumers around 5-10% more at Walmart and around 5-20% more at Target, the Walmart class action and Target class action allege.ย
Walmart and Target are aware they are โdeceivingโ consumersย
Kahn argues that consumers can also be overcharged โmuch higherโ and that Walmart and Target are both aware that they are โdeceiving its consumers.โย
Further, Khan claims that, while Target and Walmart have been fined for their alleged practice of misrepresenting shelf prices, the punishment does not dissuade them since the amount of profit they make each year from the practice exceeds the amount they pay in fines.ย
Walmart and Target, thus, simply โpays the fines but continues its misleading, unfair and deceptive pricing practices,โ according to the Walmart class action and Target class action.ย
Kahn claims Walmart and Target are guilty of unjust enrichment and in violation of the Illinois Consumer Fraud and Deceptive Practices Act and the Illinois Uniform Deceptive Trade Practices Act, among other things.ย
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual, compensatory, and punitive damages for himself and all Class Members.ย
A separate class action lawsuit was filed against Target earlier this month by a consumer claiming it falsely markets its hydrogen peroxide solution as being an effective treatment for minor cuts.ย
Have you paid a higher amount than the advertised shelf price for a product at Walmart or Target? Let us know in the comments!ย
The plaintiff is represented by Scott H. Gingold of Gingold Legal, and Stanley D. Bernstein, Sandy A. Liebhard, Stephanie M. Beige, Jeffrey McEachern, and Hairong Basil of Bernstein Liebhard LLP.ย
The Target, Walmart Shelf Pricing Class Action Lawsuits are Kahn v. Walmart, Inc., Case No. 1:22-cv-04177, and Kahn v. Target Corporation, Case No. 1:22-cv-04178, in the U.S. District Court for the Northern District of Illinois.
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829 thoughts onWalmart must face โdeceptive pricingโ class action lawsuit
Walmart in Yuma Az has many items from yogurt to dog food misspriced . I recently noticed and complained and i was told they can only price match for one piece of items as i was buying to many things for them to price match. They had even mixed their organic cucumbers with regular without marking them and if you picked up the wrong one you paid A dollar more. Pedegree dog food 1.74 but charged 1.94 per can and list goes on. I was looking to see where I can sign up for the class action as somrthing must be done against this
please add
Add me in always shop Walmart and target
Add me please. I shop at Walmart and Target and rely on the shelf stated price to be true!
Add me. You wouldnโt believe how often this happened.
Add me then you gotta walk back there with them to prove it
Add me.
Add me
Iโve also have gone back for pricing change time after time because the price was different once I reached the cash register.
Add me.