Court of Appeals Reopens Deceptive Shelf Pricing Lawsuit Against Walmart

An appellate court on July 3, reversed a lower court’s dismissal of a lawsuit alleging deceptive pricing practices by retailer Walmart. The case, brought by plaintiff Yoram Kahn on behalf of himself and similarly situated consumers, claims that Walmart has been engaging in unfair and deceptive pricing practices that mislead consumers at the point of sale. Specifically, Mr. Kahn, an Ohio resident, alleged that the prices on the store shelves did not match the prices shoppers were charged at the register. Walmart argued that giving consumers receipts showing the prices they actually paid is sufficient. “The district court dismissed the case on the pleadings and denied leave to amend the complaint,” Judge David Hamilton wrote in the opinion. “We reverse because the complaint states some viable claims. We reject the theory that providing a customer with a receipt after payment stating the actual price charged is sufficient, at least as a matter of law, to dispel any potential deception or unfairness caused by an inaccurate shelf price.”...