Shoppers may not be surprised to learn that sometimes retailers don’t always offer the most upfront pricing, but Walmart was recently accused of making a major mistake that could negatively affect the trust of its shoppers and how they view the overall brand.
Walmart has agreed to pay $5.6 million to settle a consumer-protection lawsuit brought by four California counties, including Santa Clara, San Diego, San Bernardino and Sonoma.
Allegations were made that the retailer charged more than the lowest advertised price and mislabeled product weights on certain items such as produce, bakery and prepared foods.
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Who’s affected by the Walmart settlement and how
This settlement applies to Walmart stores in California and results in civil penalties paid to governments, not direct payments to shoppers.
If you were overcharged at checkout in California, you can still seek a price correction at the store and, if needed, report issues to county Weights & Measures. However, this case does not include restitution to consumers.
The court ordered $5.5 million in civil penalties plus $139,908.92 to cover investigation costs. Walmart must maintain staff responsible for price and weight accuracy in California stores. However, Walmart did not admit wrongdoing.
Why the Walmart settlement matters beyond California
(Image credit: Getty Images)
District Attorney Jeff Rosen said in a statement: “When someone brings an item to the register to be scanned, the price must be right. They expect it. California expects it. My Office expects it — and we will apply the law to make sure of it.”
Price-scanner and weight-accuracy enforcement isn’t new, and big retailers are frequent targets. In 2012, Walmart paid $2.1 million in California for failing to fix checkout pricing errors under a 2008 judgment, which was an important signal that regulators revisit repeat issues.
Under the most recent California judgment, Walmart must keep designated employees in state stores to ensure shelf tags, point-of-sale systems and item weights align, especially for variable-weight goods.
Shoppers should expect renewed audits and training that should reduce mismatches between advertised and scanned prices.
Walmart has said it’s “pleased this matter is resolved.”
Will consumers receive checks from this case?
Not from this California action. It’s an enforcement case resulting in civil penalties and compliance obligations.
If you bought weighted goods or bagged citrus during the 2018-24 period covered by the prior class action, that was a separate settlement with its own claims process and deadlines.
Tips to avoid being overcharged at check out
1) Always match the shelf to the receipt.
Before you leave, spot-check your receipt against shelf tags especially “Rollback,” clearance and multi-buy promos. Also verify unit prices (per lb./oz.) on weighed items.
2) Reweigh or sanity-check.
For loose produce, use an in-aisle scale when available to gauge whether the checkout weight seems like it matches up. Pre-packed goods must meet the labeled net weight.
3) Ask for the lowest posted price on the spot.
If the register rings higher than the shelf tag, request a correction at checkout or customer service. California’s prior enforcement actions have emphasized honoring the lowest advertised price.
4) Document any discrepancies.
Take a quick photo of the shelf tag and keep the receipt. These are helpful for store corrections and, if needed, complaints to local Weights & Measures (contact info is typically on your county site). In Santa Clara County, for example, consumers can report issues to Weights & Measures via phone or online.
5) Know your state’s remedies.
Some states specify consumer remedies. Michigan, for instance, requires stores to refund the difference plus a bonus of 10× the overcharge (minimum $1, maximum $5) if you notify the store within 30 days; if the store doesn’t comply within two days, consumers may sue for at least $250 plus limited attorney fees. Laws vary widely so be sure to check your state’s rules.