MIAMI, Sept. 25, 2020 /PRNewswire-HISPANIC PR WIRE/ —
What is the lawsuit about? The lawsuit claims that at times Walmart improperly labeled “Weighted Goods” when it reduced the price of those goods as they neared their expiration dates, allegedly causing instances where customers were overcharged for certain reduced-priced perishable goods and did not receive the full value of the goods purchased. Walmart denies these allegations and all liability regarding the claims asserted in the lawsuit. Neither the Court nor a jury have considered or decided the merits of the allegations in the lawsuit. The parties have negotiated and entered into the proposed Settlement to avoid the risk, uncertain outcome, expense and distraction of continued litigation.
Who is included? The Court has decided that any person who purchased Weighted Goods from Walmart in the United States from February 13, 2015 to August 26, 2020 whose Weighted Goods’ unit sale price was not accurately reflected in the final sale price, is considered a Settlement Class Member. “Weighted Goods” means beef, pork, poultry, fish and other types of goods marked with unit pricing and sold accordingly thereto.
What does the Settlement provide? The Settlement provides for the following relief:
A. Walmart will fund a Qualified Settlement Fund (“QSF”) of between $4,500,000 and, depending on the number of valid claims submitted, up to $9,500,000. The QSF will be used to pay Settlement Class Members who submit a claim, and pay for the costs of notice and administration of the Settlement, attorneys’ fees and litigation expenses, and a service award to the Class Representative.
B. In exchange for the payment, the Class Representative and each Settlement Class Member who has not validly and timely requested exclusion from the Settlement will have fully, finally, and forever released any and all claims against Walmart relating to the nature of the lawsuit.
What are your options? Each Settlement Class Member is entitled to a monetary payment under the Settlement, but the actual amount will not be known until all Claims have been processed. To qualify for a payment from the Settlement, you must submit a Claim Form before January 8, 2021. If you do not want a payment and do not want to be legally bound by the Settlement, you must exclude yourself with a timely and valid “Opt Out Letter” postmarked no later than November 4, 2020. Unless you exclude yourself, you give up the right to sue Walmart for the same claims that this Settlement resolves. You must exclude yourself from this Settlement Class to continue your own lawsuit. If you are a Settlement Class Member, and have not excluded yourself from the Settlement, you can object to the Settlement if you don’t like any part of it. This objection must be postmarked no later than November 4, 2020. The Court will hold a Fairness Hearing on February 26, 2021, to consider whether the Settlement is fair, reasonable and adequate and whether to approve attorneys’ fees not to exceed $2,375,000 and litigation expenses not to exceed $100,000, both from the QSF. You may appear at the Fairness Hearing, but you are not required to attend. You may also hire your own attorney, at your own expense, to appear or speak for you at the hearing. The Notice of Class Settlement available at the website explains how to ask the Court for permission to speak at the hearing. For more information, call 1-855-424-1334 or visit www.WalmartWeightedGoodsSettlement.com.
SOURCE United States District Court for Southern District of Florida, Miami Division