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Walmart sells car batteries with no intention of honoring their warranties, a class action lawsuit alleges.
Plaintiff Larry Maestas of California says Walmart has been failing to honor the warranty on its Walmart car batteries if the battery’s purchaser is named in an internal fraud database.
He claims Walmart’s failure to mention this warranty condition in its advertisements for Walmart car batteries violates California consumer protection laws.
Maestas says that sometime in late 2013 he purchased an EverStart MAXX car battery from Walmart. He says the in-store advertisement for the battery mentioned that it came with a total five-year warranty, covering a three-year replacement period and a two-year pro rata period.
In November 2015, and within the battery’s three-year replacement period, Maestas claims his battery started to malfunction. He says he asked Walmart to replace the battery according to the terms of the warranty.
Walmart refused to replace the battery, supposedly because Maestas’s name showed up on an internal fraud database. Apparently, he wrote a bad check to a Walmart in Colorado in 2000 – or so the defendant claimed.
But Maestas says his name should not have been in that database anyway because he never could have written the bad check in Colorado. During 2000, the plaintiff says he was serving in the U.S. Army and stationed in Kansas.
The Walmart class action lawsuit states that Maestas ended up having to pay more than $100 out of his own pocket to replace the battery.
Nowhere in the advertisement for Walmart car batteries did the store represent that the warranty was conditional on whether the purchaser’s name appeared in the internal database, Maestas claims.
Because of that omission, he argues, the advertising for Walmart batteries is false and misleading. He claims the company’s representations are “part of a common scheme to mislead consumers and incentivize them to purchase products” from Walmart.
Maestas says when he chose to buy Walmart car batteries, he relied on the representations about the applicable warranty. Relying on those representations left him on the hook for replacement costs he reasonably expected he wouldn’t have to pay, the Walmart class action claims.
He says that had he known Walmart did not plan to honor its products’ warranties if the purchaser appeared on its internal fraud database, he never would have purchased Walmart car batteries.
If certified as proposed, Maestas’s plaintiff Class will represent all persons who purchased Walmart car batteries within the applicable statute of limitations period.
He seeks an order from the court that would require Walmart to engage in a corrective advertising campaign that would clarify the terms of its warranty on Walmart car batteries. He also seeks an award of actual, statutory and punitive damages, court costs and attorneys’ fees.
The plaintiff is represented by attorneys Todd M. Friedman, Adrian R. Bacon, Meghan E. George and Thomas E. Wheeler of the Law Offices of Todd M. Friedman PC.
The Walmart Car Batteries Warranty Class Action Lawsuit is Larry Maestas v. Wal-Mart Stores Inc., Case No. 2:16-cv-02597, in the U.S. District Court for the Eastern District of California.
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53 thoughts onWalmart Class Action Says Warranty on Car Batteries is Falsely Advertised
I am fed up with false advertisements and info, regarding Ever Start Batteries.
I had to purchase a battery to get home from work in Feb. 2017. It lasted a little over a year, until May of 2018. I then had to have it replaced again. I bought the F24 750cca EverStart. Well here we’re Jan, 2020. And in Dec. 2019 I started try to exchange the faulty battery at Walmart.The first 2 Walmarts said I could not exchange said battery due to they no longer make the F24 750 cca. That they had to be exact for exchange. My response was , it is not my fault that they no longer make that one but I clearly have a 3 yr Free replacement, and 2 year pro rated warrany. So,on my 3 trip,I clearly pointed the fact out that they say 3 and 2 on both batteries.
This was addressed as that because I had a replacement on the previous battery, the one they gave me in 2018,automatically had a null and voided warrany. I said no maam, I was told my warranty was activated on the newly scanned battery in May 2018. The lady argued up and down. I said, well if that is the case? You need to have a disclosure installed to make consumers aware of this. if indeed it is factual. That it is clearly false advertisement on behalf of EverStart.
And now I’m seeing, it is not Ever Start… it is Walmart.
After a 35 minute debate, all the sudden, I was told to go get a battery off the shelf and come back up there in which she scanned 2 barcodes, I signed my name, she walked off, I said HEY? NOW WHAT? She says were free to go.
I did leave out the store in which I was not given a paper reciept, or any paperwork for that matter.
I’m sick of the scams and hassles when I do not have the money to pay for something, that I felt would be a dependable purchase on my behalf.
And really, unless Walmart has a scam system? It is no money outta their pockets. Just ours, as Consumers.
I cannot understand why this continues!! I “had” to purchase a battery from Walmart as my car died in their packed parking lot and I was not even in my own town. I purchased it on 6/4 and on 8/26 it died. I was no where near a Walmart and it was dark outside. I ended up leaving my car and having it towed the next day to a local shop who told me that the battery was “junk” and only tested at 21%. They installed a new battery and my car ran perfectly. I took the 2 1/2 month old battery AND my receipt back to Walmart and was told that their “new tester” tested the battery and there was nothing wrong with it. So much for a warranty. I asked for the manager who was not there, so she called me today and her response was that the “store policy is posted on the counter, but it’s in pretty small print. We don’t review that with customers.” They refuse to do anything at all about it. I will never, ever go to a Walmart auto center again. Not so sure I will even set foot inside a Walmart at all…………
I bought a battery from Walmart in April with a one year warranty 21/2 months later the battery didn’t work got a replacement battery it stop working 1 month later. Refuse to honor warranty and return my money. These batteries aren’t any good.
I purchased three batteries for my cars from Walmart. They were supposed to be better quality than their economy brand and they are warranted for 5 years, prorated after the first year. The first battery failed after 8 months. They said it had a dead cell. It would not charge up above 11.5 volts DC. They replaced it. Then a second battery developed the same symptom on a different car. It also would not charge above 11.5 volts even with a known good 2 amp charger. Different Walmart employees had a new tactic when I took it back for a replacement. They asked me what car it was for. Then they said it wasn’t the right battery for my car and would not replace it. I asked to see their book and showed them it was the correct battery. They still refused to honor their warranty. I spoke to an assistant manager instead of the automotive shop manager. He came back and offered to replace the battery with a note in their computer file that it could not be returned a second time if it should fail again. I declined. I paid for a five year warranty on all three batteries and expect them to honor the terms of sale. I will attempt to get the battery replaced at a different store but I plan to record the event on my iPhone incase I have to take them to court. I will never buy another battery from Walmart. I fully expect that none of my Walmart batteries or the ones they replace them with batteries will last 5 years. I don’t appreciate the hassle.
Thieving Scumbags. Ripped my 81 y.o. mother off for a $100.00 car battery with a 5 year warranty, which died after 4 months. Walmart in Longmont, Co refuses to exchange it, despite the fact that it has a dead cell, and will not take a charge. Their so-called “test” said nothing was wrong. I’ve now had this junk battery on a charger for 5 days, and it’s still dead. I’m ready to throw this piece of garbage through their plate glass window. I will never buy anything from these dirt-bags again.
I went to Walmart to get a new battery installed. I purchased the new battery at Walmart and it was installed the same day. It took me 3 hours before the battery installation was done. Immediately I started driving my car, I noticed a red light concerning the battery blinking. The battery that was installed was a faulty battery with very little charge. I paid $56.87 for the battery and installation. I have lost time and money and want both returned back to me. I want my old battery put back and my money fully refunded to me.
I had a warranted that went bad & didn’t have the transportation to take it back for an exchange, so I had a friend buy me one after replacing the battery I took the old battery & the receipt of the battery that was purchased thinking I would get my money refunded. The people fought me tooth & nail so I went back with a friend & he tried to get them til give me a refund. After about an hr (I told them I wasn’t going to leave without compensation) they gave me a battery that I didn’t need. At least I left with something!
I have gotten batteries from Walmart and they would only last 6 to 8 months. It was a 3 year warranty.I would try to get another battery and they would never have the same battery or if they had it, I would have to pay extra because the price of the battery is different and/or some kind of hidden fees that had to be paid as well or they would say they couldn’t find my info on file. Even if I had invoice on hand. So, I begin going to Advance or Auto Zone to purchase my batteries.
its a scam for the last 8 years
I’ve gotten not one, but two faulty batteries and they made me pay to replace them. Won’t ever go back to Walmart for a car battery or anything to do with my car period!