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
Yes, all the time. Most times some products donโt even have a shelf price. You donโt know the price on things until checking out. There are items with wrong price on the shelf verses the amount you scan on a product. These stores have to be put in their place and stop ripping off the consumer
Please add me- have had same issues in Washington and California
Wal-Mart has been doing this for years i know because
i have been shopping at Wal-Mart for many many years.
I paid more for home ortho defense insecticide than what was advertised
Please add me
Please include me. This has happened several times at Target.
I am OUTRAGED by this and canโt wait for the law firm bringing the case to get a check for 1.3 million while I get a check for $1.98 in 3 years. Please add me! In 3 years that 1.98 will buy me an egg.
It just happened to me yesterday. I purchased cat litter. Shelf price $19.98, I wait in a long line, get to check out, The price was $26.98. I needed litter, and didnโt want to get back in a long line so I purchased it.
I live in Texas and we have the same problemโฆ
yes of course the prices Differ between stores of their own, as well as different from when itโs online, itโs crazy. I Target hides their prices behind if youโre not a target member of whatever that program is they have but Walmart doesnโt have that and it, itโs even that way with food at Walmart. And each Walmart has a different price for the same product. Itโs really insane.
I too have had the shelf price lower and at check out saw higher prices, but at the risk of holding up everyone in line, I just pay it. Itโs never much, but when u consider Iโm one person, and the amount of consumers going to both target and Walmart, I canโt even fathom the amount the companies are illegally collecting. Please include me.
Walmart claims to be saving you money all the wile they are ripping you off. ADD ME PLEASE
I purchased a large amount of fruit for a baby shower and none of the fruit rang up as the advertised price. I asked the cashier what why I was overcharged, and she said I had to take my receipt to customer service to get a refund. At that time, I had ice cream in my buggy and other frozen items, so I think they donโt think you will call them on the overcharge. I took my receipt and my phone and took pictures of the advertised prices and then went and stood in line. I should have checked everything, but I really didnโt have that kind of time. I was reimbursed, but not before a cashier had to stop her line, because everything had to be weighed and charged at the correct weight. Their excuse was new prices had not been keyed into the system by the produce section. I recommended that they do it immediately before anyone else was overcharged.