Government civil cases and class action lawsuits are common means to protect consumers’ rights when encountering false advertising, discrepancy and any other violation.
Walmart recently agreed to a $5.6 million settlement in a Bay Area lawsuit that accused the retailer of overcharging customers by selling baked goods and produce that weighed less than the amount on the label. Santa Clara County was among those that accused Walmart of violating California’s False Advertising and Unfair Competition Laws, which require retailers to charge customers the lowest advertised price.
Last year, a class action lawsuit, Kukorinis v. Walmart Inc., claimed customers paid more for bagged citrus than the lowest in-store advertised price. In that case, Walmart agreed to a $45 million national settlement.
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As a customer, here’s what you can do if you think your rights have been violated, according to Congress.gov, Consumer Action and the Federal Trade Commission.
1. Civil enforcement of consumer rights
Legal actions initiated by government agencies, such as district attorneys or state attorneys general, are aimed at stopping unlawful behavior, imposing penalties and enforcing compliance. Settlement funds usually go toward government penalties, compliance programs and other costs. That’s why there is no compensation for customers in the government’s civil case against Walmart.
Class action lawsuits are filed by people and their lawyers on behalf of a group (“class”) of affected consumers. The primary purpose is to recover monetary damages for those affected, and settlement funds typically are distributed directly to those in the class. Consumers can choose to participate or opt out, according to the Morelli Law Firm.
2. File a complaint
Problems can be reported to government authorities, who may then investigate and take legal action.
Consumer complaints to the California attorney general about businesses violating consumer laws in California can be submitted here.
Fraud or scams can be reported to the Federal Trade Commission, which reviews unfair or deceptive business practices across the U.S.
Such complaints also can be filed directly with your local district attorney’s Consumer Protection Office.
3. Join a class action lawsuit
Check if there’s already an existing class action by reviewing whether lawyers have already filed a similar case on these following websites: Consumer Action, Top Class Actions, Class Actions, and the California attorney general’s website.
If a case already exists and is “open to claims,” you can usually submit proof of purchase or a sworn statement of impact to join.