SANTA ANA, Calif. (Legal Newsline) — A California woman claims Sherwin-Williams is illegally tacking on an undisclosed 4% "supply chain charge" at checkout for products sold at its stores.
Brandi Bagley, on behalf of herself and all others similarly situated, filed a complaint in September in Orange County Superior Court against The Sherwin-Williams Company alleging violation of California's Unfair Competition Law, breach of contract and other claims. The defendant recently removed the case to federal court.
Bagley alleges in her class action that Sherwin-Williams is using a "deceptive bait-and-switch" scheme against consumers by adding a 4% "supply chain surcharge" to purchases at its stores and that Sherwin-Williams' in-store displays do not show the true prices for products.
She claims the surcharge shows up on receipts of the product and is not disclosed to consumers until after the purchase. Also according to Bagley's suit, Sherwin-Williams purposely chose a "technical-sounding term" to falsely show the company is "passing through an out-of-pocket cost it paid" and that it is the company's way of raising prices on its products.
Bagley claims Sherwin-Williams' touting of false in-store prices, misdescribing a "supply chain charge" and not disclosing it to consumers constitute unjust enrichment, breach of contract and violation of California's consumer laws.
Bagley and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jeffrey Kaliel of Kaliel Gold PLLC in Washington, D.C., and Sophia Goren Gold of Kaliel Gold PLLC in Berkeley, California.