Some Walmart shoppers may be eligible to receive cash payments of up to $500 as part of a $45 million settlement the retail giant recently agreed to enter into in order to settle a lawsuit.
Walmart was accused of falsely inflating product weight, mislabeling the weight of bagged produce, and overcharging for sold-by-weight clearance products, according the complaint.
Shoppers at checkout were deceptively led to believe that they were paying lower prices on sold-by-weight goods such as poultry and seafood, and on certain bagged citrus fruits such as organic oranges and grapefruit.
For instance, Walmart uses price stickers to advertise the sold-by-weight unit price, and when it puts these products on a “rollback” sale, it normally uses stickers featuring two prices—the normal price and the reduced “rollback” price.
Customers reasonably expect to be charged and pay the lowest advertised price on the price sticker or the rollback sticker, the complaint states, alleging that Walmart ultimately doesn’t charge the lowest advertised price.
“Instead, at the register, when the Customer checks-out, Walmart’s POS system deceptively, programmatically and artificially increases the weight of the Sold-by-Weight Products,” the lawsuit alleges.
Walmart said in a statement to some media outlets that it will continue providing customers with “everyday low prices to help them save money on the products they want and need.”
The statement also said that Walmart denies the allegations but believes that a settlement is in the best interest of both parties.
How Much Can Claimants Get?
The amount that people stand to get from the settlement varies based on the amount of goods bought and whether they have receipts or other proof of purchase.Approved claimants who have receipts or other documentation are entitled to receive 2 percent of the total cost of the weighted goods and bagged citrus purchased, up to a maximum of $500.
Those who lack documentation but attest to buying 101 or more weighted goods and bagged citrus products in-person at a Walmart store during the settlement class period are eligible to collect $25.
For amounts of goods purchased that fall between 76 and 100, claimants without receipts can get $20. This amount falls to $15 for amounts between 51 and 75 and to $10 for amounts up to 50.
There’s a chance that the actual amount paid out to each claimant will be different, however, once all the claims have been filed and it becomes clear how much money is being claimed.
If the total amount due to Walmart shoppers covered by the settlement exceeds $45 million, then each payment will be reduced on a pro rata basis. If the total amount due to claimants is lower than $45 million, then the claims administrator will adjust the amounts, making supplemental payments on a pro rata basis.
Walmart shoppers have the option to exclude themselves from the settlement, and by doing so, they retain their right to sue Walmart on their own over the legal issues that are part of the lawsuit.
People who choose not to exclude themselves also have the option to object to the settlement or any part of it, including the class counsel’s request for attorney’s fees.
The court will consider objections and any requests contained therein, provided that objections submitted in writing are postmarked by May 22.
The final approval hearing is scheduled for June 12, at which time all the claimants who have not excluded themselves will be bound by the court’s final decision on the settlement.
