The Controversy. "The complaint against Wal-Mart Stores, Inc. * * * filed in the state of California on January 30, 2006 * * * alleges that despite repeated notice and warnings, Wal-Mart continues to engage in unlawful overcharging. This overcharging is the result of the company’s failure to implement adequate procedures to ensure that there is no discrepancy between prices as marked/posted at the shelf, in flyers, etc., and those that are scanned at the register. These overcharges often go undetected by the consumer or the consumer finds the cost of contesting the overcharge to outweigh the value of the discrepancy itself." walmartovercharge.com. "The primary evidence of these failures is that Wal-Mart charges its customers the wrong price for products sold at its stores far more often than permitted by National Institute of Standards & Techology and National Coference on Weights and Measures guidelines * * *." Paragraph 1 of the Complaint, Casillas v. Wal-Mart Stores, Inc., Case No. CV06-0571 (US District Court, CD Cali.). As proof for the foregoing allegation, the Complaint at paragraphs 16-19 cites a study conducted in May 2005 jointly by the UIC Center for Urban Economic Development and the University of California-Berkley, the complaint states that the percentage of Wal-Mart overcharges is significant. "Using the price verification methodology established by the NIST * * *, the study revealed that more than two overcharges were found in 28, or 63 percent of the 60 stores samples." Paragraph 18 of the Complaint in Casillas v. Wal-Mart Stores, Inc., Case No. CV06-0571 (US District Court, CD Cali.).
Youtube video:
We spoke with Mark J. Tamblyn of Wexler, Toriseva, Wallace LLP about the status of the case as of this writing (2-27-07). He informed that the case is currently stayed pending ruling on a separate class action case by the California Supreme Court. The case before the California Supreme Court will determine whether or not consumers such as Wal-Mart shoppers must actually rely on the false or misleading communication from the seller under California’s Business & Professions Code § 17200 (Unfair Competition) and § 17500 (False Advertising) as amended by the recent voter Proposition 64. See Tobacco II, Case Number S147345 (California Supreme Court).
If you are a Wal-Mart shopper who has been a victim of overcharging, email your complaint to Wexler, Toriseva, Wallace LLP.
User Comments
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From: Joe
State:Missouri
Posted: 09/29/2008
Subject: Another Walmart class action Comment: A class action case in Massachusetts was reinstated by a state appellate court. The case claims Walmart is liable in an amount in excess of $600 million for violation of a Massachusetts law requiring companies to give e ... Read More
From: george
State:IN
Posted: 10/25/2007
Subject: Lawyer stench Comment: The SCUMBAG lawyers want to make millions while the victimized consumers get a coupon for 50 cents off a box of cereal. The question becomes; which white collar criminals do you want to steal your money.
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