Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Wal-Mart Stores Inc, alleging the discount retail giant overcharges customers in its vision centers by charging both the customer and their insurance companies.
Filed on behalf of lead plaintiffs Leslie and William Epps, the lawsuit claims Wal-Mart has a "pattern and practice"of overcharging it consumers both at its Wal-Mart Vision Centers and Sam' Club Optical stores. Specifically, the lawsuit states: "When it collects payments from a patient's insurer, defendant is obligated to charge the patient a reduced amount that reflects the insurance benefitÂ…Otherwise, defendant is overcharging the insured, collecting double payment for the same services and pocketing the insured's insurance benefit for itself. That is exactly what is happening here."
The Epps state that the then contacted Wal-Mart to inform the retailer they owed Mrs. Epps $55 because she'd only saved $25 on the purchase in the store and her insurer provided $80. However, Wal-Mart never got back to her a she was never reimbursed for the discrepancy.
The Epps allege that Leslie' experience is not an isolated incident because her husband went into the same store and had a similar experience.
The suit further alleges conversion, unjust enrichment and violations of the Arkansas Deceptive Trade Practices Act on the part of Wal-Mart. It seeks to certify a class of all similarly situated customers going back five years.
The suit seeks recovery of all of the insurance benefits alleged to have been wrongly withheld and attorneys' fees.
The Epps are represented by Joseph Henry Bates III, James Allen Carney Jr. and John Charles Williams of Carney Bates & Pulliam PLLC.
The case is Epps et al. v. Wal-Mart Stores Inc., case number 4:15-cv-00138, in the U.S. District Court for the Eastern District of Arkansas.
