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A California woman is challenging Walmart’s “Rollback” sale pricing, claiming it uses false original prices to deceive shoppers.
The retail giant’s sale pricing advertised as a “Rollback” discount is in many cases false and deceptive because it’s based on purported original prices that are completely fictional, according to the Walmart class action lawsuit.
Plaintiff Brenna Ceja claims Walmart uses this alleged fake sale pricing to increase profits. In her complaint, Ceja includes photographs of Walmart “Rollback” price tags as they appear in retail stores.
In some of these photos, the Walmart “Rollback” price appears to be the same price as the one on the item’s original price tag. Yet some of these Walmart “Rollback” price tags advertise a former price, or “was” price, that’s obviously higher than the “sale” price.
Not all items marked with Walmart “Rollback” price tags show the original price, according to Ceja. Items so marked are lacking a clear statement of the product’s original price, she says, and consumers at large do not have the expertise to determine the product’s value themselves.
She argues that for these items, shoppers should be able to rely on the posted “Rollback” price tag to determine what the item is worth. But a customer who relies on the “was” prices on Walmart “Rollback” tags would be deceived as to the item’s true original price, Ceja claims.
The plaintiff argues Walmart’s “Rollback” pricing deceives consumers into thinking they’re getting a bargain that doesn’t actually exist. By creating a false impression of a discount, Walmart is inducing customers to make purchases they would not make otherwise, she claims.
Ceja cites California law that specifically restricts the type of fake sale pricing she is accusing Walmart of. A state statute requires that to advertise a price as a “former price,” that price must have been the prevailing market price for the item advertised within the three months preceding the advertisement. Otherwise, the advertisement must state the date on which the former price was the prevailing price.
The Walmart class action also cites Federal Trade Commission guidance describing circumstances that make sale pricing deceptive. According to that guidance, sale pricing based on a fictitious original price creates an impression of a false bargain. In that case, “the purchaser is not receiving the unusual value he expects.”
Ceja seeks to represent a sizable plaintiff Class that would consist of all persons in the U.S. who from April 20, 2013 through the date of final judgment, purchased merchandise advertised with a Walmart “Rollback” price based on an advertised “was” price that did not match the actual former price for that item.
She is asking for a court order requiring Walmart to stop its “Rollback” pricing and to conduct a corrective advertising campaign. She is also asking for an award of damages, restitution and disgorgement, and reimbursement of attorneys’ fees and costs of this litigation.
Ceja is represented by attorneys Kiley L. Grombacher and Marcus J. Bradley of Bradley/Grombacher LLP.
The Walmart “Rollback” Fake Sale Class Action Lawsuit is Brenna Ceja v. Wal-Mart Stores Inc., Case No. 2:17-at-00427, in the U.S. District Court for the Eastern District of California.
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742 thoughts onWalmart Class Action Says ‘Rollback’ Pricing Deceives Shoppers
Can I get a rebate check for this rollback pricing.
Please add me
I have purchased several items I shop Walmart everyday now I will not anymore
Please keep me informed so can file a claim
I have purchased numerous items from Walmart rollback. Please keep me updated with any new information on how to file a claim.email address is blesscampbellmae@yahoo.com
Please let me in! I have a picture of deceptive shelf pricing that they refused to honor at the register. Every store in my area prices the same products differently and they won’t even price match thier own stores let alo,e competitors.. Deceptive is the # quality at WAl-Mart.
Our wal mart literally repackaged a xbox one controller that was returned to them and then sold it to me at full price. I only honestly notices because said brand new controller didnt work when i went to use it. I went in to return it for a new one. And then was told that the bar codes didnt match at all. And that they couldnt do anything. Well long story short i proved that it wasnt my controller and that i wasnt trying to steal. But really!!!!!
Walmart is charging more in-store per amount of product when you buy the large size than when you buy two of the smaller. Twenty-four ounces of chocolate chips are $3.88 Buying two of the smaller size equals $3.67 for two 12-ounce bags. Forty ounces of Great Value Mayonnaise are 4.28, yet two 30-ounce jars can be had for 3.98.
Walmart online has many higher prices on the same items as in-store They also require you now to come in to the physical store to get the lower-priced items.
The pick up at the curb service is a horrible idea. You have to sometimes make several trips and at times, the parking lot is a nightmare because of this generated traffic. A total waste of time and precious gas.
Walmart is probably losing money on their online business because they don’t coordinate their shipping. Instead of waiting and shipping several items at once, items come at different times in too-big packaging.
What about when they price items online then you purchase only for them to say it was a mistake and not sale it for that price. Then I’ve had them to turn around and send me an email that its in stock again for the same misleading price. To me this is also deceiving as they are pricing something and then saying its an error and trying to sale it to you for a higher price. If it was an error why send the consumer an email saying its back in stock for the same price and then they do the same thing again. Isn’t this like a Bait and Switch tactic.
how do I make a claim?
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I’ve purchased many rollback items during the lawsuit’s time frame.