- A class action lawsuit accuses the retail giant of overcharging for certain items
- Shoppers must submit a claim form by June 5 in order to receive payment
- Those without a receipt are only entitled to between $10 and $25
Walmart is shelling out $45 million as part of a legal settlement - and here's how shoppers can get their hands on the payout.
The class action suit was filed in Florida after shoppers accused the retail giant of overcharging for certain pay-by-weight items, such as produce.
The settlement class includes those who bought weighted goods or bagged citrus in person at a Walmart in the United States or Puerto Rico between October 18, 2018 and January 19, 2024.
The maximum amount Walmart will pay each customer is $500. Claim forms can be filed online or mailed in by June 5, but shoppers must file in order to receive a payment.
The lawsuit stated Walmart 'falsely inflates the product weight' and overcharged shoppers. The weighted goods that are eligible include meat, poultry, pork and seafood products that are labeled with a price-embedded bar code and designated by Walmart as part of its Department 93 products.
As for bagged citrus, that includes organic oranges, grapefruit, tangerines, and navel oranges sold in bulk in mesh or plastic bags. The terms exclude online and resale purchases.
The amount paid out to each customer will depend not just on the number of people who file claims, but whether the U.S. District Court in Tampa decides to approve the settlement itself. That decision is set to be reached in June.
Customers with a receipt, proof of purchase or other documentation can recoup 2 percent of the total cost up to $500.
That amount sharply decreases for those without a receipt. The breakdown is as follows:
- For purchases of 50 eligible items claimed, shoppers are entitled to $10.
- For purchases of 51 to 75 eligible items claimed, shoppers are entitled to $15
- For purchases of 76 to 100 eligible items claimed, shoppers are entitled to $20
- For purchases of 101 or more eligible items claimed, shoppers are entitled to $25
The deadline to object, comment or exclude from the settlement - meaning people won't receive a payment, but reserve the right to sue the company - is May 22.
A class action complaint reviewed by DailyMail.com asserts that Walmart's 'false, misleading, unfair and deceptive conduct' is in direct violation of state consumer protection statutes and state common law.
In a statement, a Walmart representative denied the allegations, but conceded that a settlement was 'in the best interest of both parties.'
Tampa man Vassilios Kukorinis was the first to sound the alarm about the overcharging.
According to Kukorinis, who is the lead plaintiff in the class action suit, charges at the register exceeded what prices should have been based on the store’s posted prices-by-weight.
He visited Walmart stores around the state to gather evidence, which he then presented to lawyers at Manhattan-based firm Morgan & Morgan.
Morgan & Morgan sent its own investigators to Walmart stores before filing a class action complaint in February 2019.
In November 2019, Kukorinis flew to California with lawyers for a mediation session with the retail chain.
Morgan & Morgan subsequently reached a settlement with Walmart’s lawyers at Greenberg Traurig - but Kukorinis claimed he wasn't notified of the result.
In 2020, the Florida man vowed not to accept his $25,000 service award, deeming the settlement a 'betrayal to all class action members, orchestrated without my knowledge.'
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