Walmart settled a putative class action in the Southern District of Florida on Friday agreeing to pay between $4.5 million and $9.5 million to Vassilios Kukorinis and others, who were allegedly overcharged for discounted meat products.
Kukorinis alleged in a complaint filed in February 2019, that he and other Walmart customers were overcharged for weighted products, specifically meat with discounted yellow stickers. He cited three instances where he personally paid more for discounted meats and alleged that the company “advertised deceptive unit prices” on the labels. The sticker displayed the price of the item with the sale amount but did not accurately calculate the new price with the discount. On June 1, the Court denied a motion to dismiss from Walmart, deciding that a reasonable consumer would be deceived by the inaccurate pricing.
The plaintiff, who filed the unopposed motion to give notice to class members and give preliminary approval for the settlement, said a “rigorous analysis” by counsel found that the average nationwide overcharge was about $1.67 for each purchase of weighted meat on discount.
The funds will be used to grant up to $10 for class members who give a “sworn attestation” that they purchased the products discussed and $40 for class members who are able to provide receipts or other proof that they purchased the items. The money will also be used for giving notice to the class, administration costs, a Service Award, and other legal fees. Walmart also agreed, according to the motion, to fix the faulty pricing and marketing of its weighted goods and maintain its business practice commitments.
The motion asked the court to approve the Qualified Settlement Fund agreement, set a hearing to discuss final approval, enter an order to direct class notice, certify the class, and appoint the plaintiff and his counsel as representatives for the class.
The plaintiff is represented by Morgan & Morgan Complex Litigation Group. Walmart, Inc. is represented by Greenberg Traurig.
