JOSEPH GREENWALD & LAAKE AND DWORKEN & BERNSTEIN FILE CLASS ACTION LAWSUIT ALLEGING WALMART ENGAGED IN UNFAIR AND DECEPTIVE TRADE PRACTICES IN WASHINGTON, D.C
D.C. Consumer Protection Procedures Act Calls for Statutory Damages of $1,500 per Violation
WASHINGTON, Jan. 24, 2024 /PRNewswire/ -- Yesterday, a class action complaint was filed in D.C. Superior Court against Walmart Inc. alleging that by advertising and offering goods without the intent to sell them as offered in their Washington, D.C., stores, Walmart violated the District of Columbia Consumer Protection Procedures Act (CPPA) (D.C. Code § 28-3905). Under the D.C. CPPA, consumers harmed by unlawful trade practices may sue for damages and may be awarded statutory damages of $1,500 per violation. The case was filed on behalf of class member Christina Rector.
Beginning in June 2022, plaintiff's counsel conducted an investigation of Walmart's two Washington, D.C., locations (dcretailpriceinvestigation.com). The suit alleges that Walmart mispriced items in its D.C. stores with shelf-tag prices on items that were lower than the prices charged at the register. The investigation uncovered more than 400 items for which Walmart charged consumers more than the shelf-tag price. Many mispriced items remained uncorrected for months.
"A class action is superior to any other available means for the fair and efficient adjudication of this controversy," said class action attorney Nicole Fiorelli of Dworken & Bernstein. "The damages for each potential individual class member are small compared to the expense that would be required to litigate the claims on an individual basis. With this class action, we represent individuals who have had to pay more at the register of a D.C. Walmart than the price they saw listed on the shelf."
Attorneys general in several jurisdictions have sought and recovered fines and penalties from stores that have presented misleading price information on shelf tags. In 2012, Walmart was ordered to pay more than $3 million for violating a consent judgment requiring Walmart to ensure its shelf tag prices were accurate and in accordance with the prices charged to the consumer. (People v. Wal-Mart, Inc., San Diego Superior Court 2012)
"Shoppers rely on price information when making purchasing decisions and have virtually no ability to look across pricing patterns to see statutory violations," said consumer fraud attorney Drew LaFramboise of Joseph Greenwald & Laake. "We want to ensure that the D.C. Consumer Protection Procedures Act guards purchasers against these unfair and deceptive trade practices."
Plaintiffs are represented by Drew LaFramboise and Veronica Nannis of Joseph, Greenwald & Laake, and Nicole Fiorelli, Frank Bartela, Patrick Perotti and Shmuel Kleinman of Dworken & Bernstein.
SOURCE Joseph Greenwald & Laake
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