The 9th Circuit Court of Appeals recently reinstated a class action complaint against Wal-Mart, which alleges that the battery recycling fee the company charges customers is deceitful. Wal-Mart, Inc. is alleged to have misled customers purchasing car batteries to believe that a $9 recycling fee applied to the purchases and was required by California law. June Johnson brought the suit on behalf of herself and others similarly situated, asserting claims for violation of the California Consumer Legal Remedies Act, fraud by intentional misrepresentation and violations of California Business and Professions Code Sections 17200, et seq.
The district court initially rejected the claims, holding that Johnson had failed to state a claim upon which relief could be granted, but the 9th Circuit reversed. The appeals court noted that the district court had wrongly confused the merits of the claim with the required particularity of the pleadings, and wrote that the allegations in the suit “make it unequivocally clear to Wal-Mart what conduct it must defend.”
The case is styled June Woolverton Johnson, et al. v. Wal-Mart Stores, Inc., Case No. 12-55233, 2013 U.S. App. LEXIS 22119 (9th Cir. 2013).
The Simon Law Firm, P.C. has years of experience handling cases such as this one. For any questions, please feel free to contact us.