Walmart Faces Lawsuit Alleging Bait-and-Switch Tactics Against Customers

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A customer shops at a Walmart store on August 04, 2021 in Houston, Texas. Brandon Bell/Getty Images

Walmart (WMT) finds itself embroiled in a significant legal battle following a class-action lawsuit that accuses the retail giant of deceptive pricing practices. The lawsuit, filed by customer Yoram Kahn in 2022, alleges that Walmart systematically misleads customers by displaying lower prices on shelves than what they are charged at checkout—a practice commonly referred to as a bait-and-switch tactic.

Kahn’s legal complaint stems from a personal shopping experience at a Walmart store in Illinois, where he discovered discrepancies between the advertised shelf prices and the amounts he was actually billed for several items. His investigation revealed overcharges ranging from 10% to 15% on six items, totaling $1.89 in excess payments. Further investigations conducted by Kahn’s legal team across multiple states, including Florida, New York, Indiana, Maryland, and New Jersey, reportedly uncovered similar instances of pricing discrepancies, reinforcing their claims of unfair and deceptive practices by Walmart.

Initially dismissed by a district court in Illinois, the lawsuit gained new momentum with a recent ruling from the federal appeals court in Chicago. The court overturned the dismissal, recognizing the practical challenges faced by consumers in verifying prices during the checkout process. Judge David Hamilton, in the court order, emphasized the difficulty for consumers to meticulously track and compare every shelf price against their receipts, especially without smartphones or sufficient time to conduct thorough audits while shopping.

In response to the court’s decision, Walmart reiterated its commitment to providing customers with everyday low prices and expressed confidence in its pricing practices. The company highlighted ongoing efforts to enhance pricing accuracy and transparency, including the transition from traditional paper shelf labels to digital displays in its stores by 2026. This technological upgrade aims to streamline price updates and improve customer confidence in the accuracy of displayed prices.

The legal challenge adds to Walmart’s recent scrutiny over pricing practices, including a $1.64 million settlement earlier in the year for alleged unit pricing discrepancies at its New Jersey stores. This settlement coincided with Walmart’s announcement of plans to modernize its pricing infrastructure, underscoring its proactive approach to addressing regulatory concerns and maintaining consumer trust in a competitive retail environment.

As Walmart navigates the legal proceedings, its initiatives to upgrade pricing systems reflect broader industry trends towards digitalization and transparency in retail operations. These efforts not only aim to mitigate legal risks but also seek to enhance customer satisfaction and loyalty by ensuring fair and accurate pricing practices across its vast network of stores.

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