Jessy Edwards , Abraham Jewett  |  October 28, 2022

Category: Fees

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Sherwin-Williams Paint Store storefront
(Photo Credit: JHVEPhoto/Shutterstock)

Update:

  • A federal judge in New York allowed part of a complaint claiming Sherwin-Williams overcharged consumers by adding a hidden 4% charge onto each of its sales transactions. 
  • The judge ruled the consumer behind the class action lawsuit plausibly showed the company breached its contract with consumers and engaged in deceptive acts. 
  • The consumer argues Sherwin-Williams runs a bait-and-switch scheme with its customers by allegedly charging them a hidden “supply chain charge” with their sales purchases. 
  • The judge dismissed unjust enrichment claims against Sherwin-Williams.
  • The company says it added the charges to make up for an increased cost for limited raw materials.

Sherwin-Williams surcharge class action lawsuit overview:

  • Who: Two Sherwin-Williams customers are suing the paint company.
  • Why: The customers say the company runs an illegal bait-and-switch scheme of covertly tacking on a hidden 4% Supply Chain Surcharge to every sale transaction.
  • Where: The case was filed in New York federal court.

(April 04, 2022)

Sherwin-Williams secretly slaps a 4% surcharge on its products without giving customers any notice, a new class action lawsuit alleges.

Plaintiffs Maureen E. Dunham and Frank Novak filed the class action lawsuit against The Sherwin-Williams Co. on Mar. 30 in a New York federal court, alleging violations of consumer laws. 

According to the plaintiffs, the paint and stain company runs a deceptive bait-and-switch scheme of covertly tacking on a hidden 4% “Supply Chain Surcharge” to every sale transaction at the cash register once it’s too late for the customer to rescind their purchase. 

“Sherwin-Williams adds the Surcharge covertly, and customers are often entirely unaware of the Surcharge until after paying and checking out,” the plaintiffs allege.

The plaintiffs state that, in the wake of the COVID-19 pandemic, supply chain shortages increased throughout the nation for raw materials such as paint. 

Feeling the pressure of rapidly rising manufacturing costs, Sherwin-Williams decided to shift this cost onto customers, they allege.

“But instead of raising its list prices in a transparent manner, Sherwin-Williams chose to add the surcharge on to sales after the customer has decided to make a purchase,” the customers say in the lawsuit. “This deceptive practice allows Sherwin-Williams to hide the true prices of its products. Customers are induced to make purchases in reliance on the lower listed price and then are duped at the cash register into paying 4% more than the prices advertised by Defendant.”

Sherwin-Williams surcharge impacts thousands of customers, lawsuit alleges

The lawsuit alleges the practice is “deceptive and illegal” as it obstructs customers’ ability to engage in fair and accurate price comparisons in the marketplace and to shop around for the best value for their money.

The plaintiffs allege that thousands, if not more, of Sherwin-Williams customers have been assessed hidden surcharges they did not bargain for.

They are looking to represent a nationwide class of people who made a purchase at a Sherwin-Williams store and were charged a 4% surcharge, plus New York and Michigan subclasses. They’re suing under state consumer laws and also alleging breach of contract and unjust enrichment.

The lawsuit is seeking damages, injunctive relief that allows customers to decide whether they will pay Sherwin-Williams’ surcharge, fees, costs and a jury trial.

In 2020, Sherwin-Williams faced a class action lawsuit alleging its SuperDeck and Duckback deck stain is prone to peeling.

Have you had dealings with Sherwin-Williams? Let us know your experience in the comments! 

The plaintiffs are represented by Jeffrey D. Kaliel and Sophia Loren Gold of KalielGold PLLC. 

The Sherwin-Williams surcharge class action lawsuit is Maureen E. Dunham, et al. v. The Sherwin-Williams Co., Case No. 1:22-cv-00300-DNH-DJS, in the U.S. District Court for the Northern District of New York.


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30 thoughts onSherwin-Williams class action over hidden charges to proceed

  1. Ken Polastry says:

    Add me to this please
    I own a painting business and was hit with this surcharge many times

  2. Andrea says:

    The exterior paint on my home is supposed to be a dark blue paint from Sherwin Williams. There are 3 houses in my neighborhood the same color and where the paint is exposed to the sun, the color is gone – its now a pale blue grey. It started fading within a year. I recently heard this is due to organics or something in the paint and Sherwin Williams is being sued but I cannot find any information about a lawsuit. Any information?

  3. Sophia Lubinsky says:

    we had our outside of our home painted

  4. Dorothy Martin says:

    Please add me

  5. Lacy Haggith says:

    I own a painting business and only use Sherwin-Williams and was also hit with this I’ve spent over $20,000 in paint over the last year Add me to this please

    1. Jason Dunkin’ says:

      Quit using them !! there’s a whole lot better alternatives out there. These people are trained to actually scam its customers . I know cause I used to work for them. Their Moto is “get them in there and get them prices up” . One big scandal .

  6. Lacy Haggith says:

    I own a painting business and only use Sherwin-Williams and was also hit with this I’ve spent over $20,000 in paint Add me to this please

  7. Scott Henderson says:

    I would love to be part of this lawsuit. I own a painting business and spen a lot of money there. Would love to get that sur charge money back.

  8. Brian Baker says:

    Own a painting business and was hit with this charge. Add me

  9. Brandy Delong says:

    Yes please add me thank you

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