Walmart maintains a website, Walmart.com, where it advertises and sells many of the same items that are available in its brick-and-mortar stores. The complaint alleges, however, that customers who try to buy the items in the stores are often charged more than the prices of the items advertised at the website. The complaint calls this a “bait and switch” practice that violates Ohio’s Consumer Sales Practices Act (CSPA) and that also constitutes common law fraud.
Two classes have been defined for this action:
- The CSPA Sale at Over Advertised Price Class is all customers who, between August 19, 2020 and the date the case is certified, bought a product in Ohio from Walmart and were charged a higher price than the price advertised on Walmart.com.
- The Fraud Sale at Over Advertised Price Class is all customers who, between August 19, 2018 and the date the case is certified, bought a product in Ohio from Walmart and were charged a higher price than the price advertised on Walmart.com.
On August 8, 2022, the plaintiff in this case, Kevin Adelstein, viewed a number of products on the Walmart website, which were also purportedly available at the Aurora Walmart near him. However, when he went to the Walmart store, the complaint alleges, he was charged higher prices on three items:
- Preen Extended Control Weed Preventer, 4.93 pounds, was advertised on the website as costing $19.97, but the complaint alleges the Walmart store charged Adelstein $21.77 for it.
- Ortho Ground Clear Weed Concentrate, 32 ounces, was advertised on the website as costing $15.99, but the complaint alleges the Walmart store charged Adelstein $19.97 for it.
- Meguiars Hybrid Ceramic Wax, 26 ounces, was advertised on the website as costing $15.95, but the complaint alleges the Walmart store charged Adelstein $23.87 for it.
The complaint alleges, “These advertisements contain no limitations and no disclosures to alert [consumers] that the price advertised is only available if the products are purchased online.”
Walmart supposedly has a Price Match policy that the complaint quotes as saying, “For identical items purchased in a Walmart U.S. store, we will match the item price advertised on Walmart.com” as long as certain conditions are met. For example, “The item must be currently in-stock on Walmart.com at the time the Price Match is requested” and the store may verify the price and availability of the item or limit the quantities purchased at the advertised price.
Why do the stores charge higher prices then? The complaint alleges, “Although Walmart store managers are able to honor prices for purchases from the Walmart.com website, the managers are reluctant to do so because the lower price reduces the store’s profit and Walmart managers are incentivized and paid based on store profitability.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Walmart Higher Prices in Store Than Advertised Online Complaint
January 13, 2023
Walmart maintains a website, Walmart.com, where it advertises and sells many of the same items that are available in its brick-and-mortar stores. The complaint alleges, however, that customers who try to buy the items in the stores are often charged more than the prices of the items advertised at the website. The complaint calls this a “bait and switch” practice that violates Ohio’s Consumer Sales Practices Act (CSPA) and that also constitutes common law fraud.
Walmart Higher Prices in Store Than Advertised Online ComplaintCase Event History
Walmart Higher Prices in Store Than Advertised Online Complaint
January 13, 2023
Walmart maintains a website, Walmart.com, where it advertises and sells many of the same items that are available in its brick-and-mortar stores. The complaint alleges, however, that customers who try to buy the items in the stores are often charged more than the prices of the items advertised at the website. The complaint calls this a “bait and switch” practice that violates Ohio’s Consumer Sales Practices Act (CSPA) and that also constitutes common law fraud.
Walmart Higher Prices in Store Than Advertised Online Complaint