Update:
- The 7th Circuit reversed a district court’s decision to toss a class action lawsuit filed against Walmart over claims it used false and misleading shelf pricing.
- 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.
- 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.
- The plaintiff claims Walmart customers paid around 5-10% more than they expected due to allegedly false and misleading shelf price advertising.
Target, Walmart shelf pricing class action lawsuits overview:
- Who: Yoram Kahn filed separate class action lawsuits against Walmart, Inc. and Target Corporation.
- 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.
- 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 “frequently misrepresents the prices consumers are charged at the point of sale.”
Kahn argues Walmart and Target’s alleged price misrepresentations cause consumers to “fall victim to a classic ‘bait and switch,’” and “unknowingly overpay” Walmart and Target “a higher price for the falsely-advertised merchandise at checkout.”
“Consumers reasonably rely on Shelf Pricing to make informed purchasing decisions, and reasonably expect to pay the advertised Shelf Price when they reach the checkout,” states the Walmart class action and Target class action.
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.
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.
Walmart and Target are aware they are ‘deceiving’ consumers
Kahn argues that consumers can also be overcharged “much higher” and that Walmart and Target are both aware that they are “deceiving its consumers.”
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.
Walmart and Target, thus, simply “pays the fines but continues its misleading, unfair and deceptive pricing practices,” according to the Walmart class action and Target class action.
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.
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.
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.
Have you paid a higher amount than the advertised shelf price for a product at Walmart or Target? Let us know in the comments!
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.
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 ‘deceptive pricing’ class action lawsuit
It’s also Happening Here in Virginia and Madison County for the Dollar General and the Walmart and Ruckersville Virginia
This has /is going on in Houston,Tx the prices are ridiculous high at Target/Walmart.The price tag says a lower price but rings up regular price.
Capitol plaza Walmart in Landover hills maryland is famous for price gouging..shelf says 1 thing get home how did I spend so much? We go there ony cz we are limted on places to shop..crooks
I have known this for years. I told all my family and friends to take pictures of the item on the shelf and check at checkout. I stopped shopping at Walmart 2 years ago
I have bought several items from Walmart thinking they were one price only to get charged more at checkout. please add me to this case, I want my money back I work to hard to get ripped off.
I was recently overcharged at Wal.art I’m Chula Vista.I bought a single serve wet cat food Topper from Fancy Feast that retailed at $1 49. I left the store & glanced at my receipt in the parking lot. I noticed I was charged almost $13.00 which turns out it was for a case of the food, not a single serving. When I asked for a refund at the register I was told I had to go to Customer Service Desk to get my money Refunded of course that department was closed. I was a former Walmart cashier & know that they can do an override & adjust the receipt accordingly. So I don’t by the brush off excuse I was given.I think they should be held accountable, they know what they are doing & font seem to care.
Walmart done me the same two different times that I noticed one was with a toy and the other was dog food! The toy was 9.98 on the shelf but rang up to be 16.97 the dog food online was 9.98 and the. Rung up to be 13$ I was sooo mad over the toy being that much ughh just frustrating but the employee insisted there wasn’t anything I could do, so I asked her so if I go online on the app and purchase the toy while I’m inside the store I can get it for 10$ and walk out but if I come to your store and self check out my own item and bag my item I got to pay 16$ to do so. She says yes you can do that. Ughh frustrating the least
Yes happened on the 11/12/2022 NestleToll House Chocolate Chip cookie dough 16.5 oz rang up at $ 3.19 I didn’t say anything shelf was 2.79 on the label. Tonight it happened again 3.19 this time I told the girl No No this is wrong. She said ok how much should it be I said 2.79
She had no hesitation to change it
Real regular accurance……is a real bummer, that I can’t afford. I understand mistakes happen but it can’t be that often…..it happens alot alot
Yes thank you. Hello Madisonville texas I been trying for years to do something about this. Walmart any walmart must train employes to do this . they will have three separate Rose hanging around the Shelf of the same item under the same incorrect price tag and then when you say something better when you check out if you pour like me and you check this stuff they say oh well and then they don’t go fix it if you go fix it they get real mad at you. But when everyone there’s 30 of the same thing in different rows behind the same wrong price tag it is intentional fully and they have been doing this for years and I’m sick of it and then they don’t want to give you your money back half the time or they don’t want to go fix it or they say oh oh well I just stand there and don’t do anything about it. Most people don’t even realize it or they don’t realize it till they get home and I complain to Walmart about this over and over and they still do it I have complained a lot I have took the surveys I have wrote emails it would be so nice if y’all can get on this I don’t care if I get money or not make them stop this is everywhere.
It’s happened to me a few times at Target, and I’m one who always checks over prices before getting to the till, takes pictures etc. I’ve been saying for MONTHS that it’s deliberate!
What happened to the way it used to be? Placing a price sticker on every item? I’m originally from the UK and they would have been shut down if that had been tried over there. I also go to a lot of stores in nyc where there are NO price stickers to be found anywhere, which is supposed to be illegal. But Noone cares, or follows the law, and Noone goes after them so they get away with it!