CLEVELAND (Legal Newsline) - Walmart has headed off a proposed class action over its online prices by invoking an arbitration clause to which customers agree when placing an order.
Cleveland federal judge Bridget Meehan Brennan on March 30 granted the company's motion to send the case of plaintiff Kevin Adelstein to arbitration. His lawsuit claims he viewed various items on Walmart's website that were available at a store in Aurora, where he purchased them at a higher price.
He alleged a nearly $2 difference on a weedkiller. Walmart says its arbitration clause online is contained in its Terms of Use.
"The underlined text refereeing the TOU is linked in grey directly above the 'Place Order' button that a customer must use to make a Walmart.com purchase," Brennan wrote.
"Walmart's TOU was directly accessible beneath the 'Place Order' button, underlined indicating a hyperlink, with clear visual presentation. So, the court finds that the TOU was reasonably communicated to Plaintiff via his January 2022 purchase."
Adelstein claims that although Walmart store managers are able to honor prices from the company's website, consumers are not aware if they go into the store to purchase the advertised product, they are charged higher prices than listed on Walmart's website.
Adelstein seeks monetary relief, interest and all other just relief. He is represented by Ronald Frederick, Michael Berler and Jacquelyn Frederick of Frederick & Berler LLC in Cleveland and Laura DePledge of The Depledge Law Office Inc., in Mentor.