Walmart Class Action Says App Shows Lower Prices

A class action lawsuit claims that Walmart misleads consumers by advertising prices on its online app that are lower than those offered in stores.

Plaintiff Sofia Maynez says she used Walmart’s app to view prices of items, which she then purchased in-store.

According to the Walmart class action, she viewed Huggies Wipes as advertised for $5.44 on the Walmart app, and Huggies Pull Ups advertised at $8.97 on the app. 

However, when the plaintiff says that when she went to purchase the items in-store, she paid $12.54 for the Huggies Wipes, and $31.84 for the Huggies Pull Ups.

According to Maynez, she paid $29.97 more for the two items in-store than she would have if they were sold for the prices offered on the Walmart app.

The Walmart class action says the retail giant makes a widespread practice of misrepresenting prices on its app. The plaintiff states that this practice violates California law including the Unfair Competition Law, the Consumer Legal Remedies Act, and the False Advertising Law.

Maynez seeks damages on behalf of herself and all other similarly affected consumers around the country who, in the last four years, used Walmart’s e-commerce app, found a quoted price, and then purchased the same item at a store for a price higher than that advertised on the app at the time of their purchase.

Additionally, she hopes to represent an Injunctive Relief Class of those consumers who saw a price on the app, but were offered the item at a higher price in-store, even if they did not purchase the item.

She seeks for Walmart to be required to disgorge all profits gained from wrongfully representing prices to entice consumers into making purchases. She also wants damages on behalf of herself and all consumers allegedly injured by Walmart’s conduct.

The Walmart pricing class action lawsuit asserts that Walmart knew that its online prices were lower than the in-store prices, and made them inconsistent in an act of “fraud, malice, and conscious disregard” for the rights of its consumers. 

Allegedly, Walmart intentionally misled its consumers in the interest of its own profits, knowing consumers would be enticed by the low prices represented on the app.

According to the Walmart app pricing class action lawsuit, the company was unjustly enriched by its misrepresentation of online and in-store prices, at the expense of its unknowing consumers.

Have you ever purchased an item that was advertised by the same retailer for a lower price online at the time of your in-store purchase? Share your experiences in the comments below.

Maynez is represented by Michael Louis Kelly of Kirtland & Packard LLP.

The Walmart App Pricing Inconsistency Class Action Lawsuit is Sofia Maynez v. Walmart Inc., et al., Case No. 2:20-cv-0023, in the U.S. District Court for the Central District of California.

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