ST. LOUIS (Legal Newsline) – Sam’s Club has moved to dismiss a class action lawsuit recently filed against it over a membership package.
The lawsuit filed by Virginia Herrmann says she bought a $45 membership that allowed her to shop before regular hours but that after it renewed, she was stopped early one morning and told she needed to upgrade to be able to check out before 9 a.m.
Sam’s is moving to dismiss her claim or send it to arbitration because of a clause in her membership.
“Plaintiff’s breach of contract claims fail because Sam’s Club’s alleged conduct — even if true — would not have breached Plaintiff’s membership agreement,” a June 5 motion to dismiss says.
“First, Plaintiff’s Sam’s Club membership did not entitle her to early shopping privileges; thus, Sam’s Club’s alleged ‘termination’ of those privileges could not have breached her membership agreement.
“Second, even if Plaintiff’s membership agreement had granted her early shopping privileges, the agreement expressly permitted Sam’s Club to amend membership benefits at any time.”
The case was filed in state court but recently removed to federal by Sam’s Club. The company says it notified customers in January that terms and conditions were being changed to include a class action waiver and mandatory arbitration provision.