Walmart is facing a class action lawsuit regarding an electronic item sold at its stores that buyers claim is prone to breaking.
The lawsuit over the Onn touchscreen tablet computers comes not long after Walmart was sued along with Energizer for allegedly violating consumer protection and antitrust laws.
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A shopper hit the corporation with the class action lawsuit this month claiming the 2019, 2020 and 2021 Onn Surf and Pro tablets, sold at the store, are prone to cracking, the lawsuit says.
The suit also says the device develops “dead pixels” or ceases function with normal pressure.
The retailer is said to be aware of the electronic product’s issues but has failed to fix the issues.
Walmart also refuses to repair the device free of charge when people present the stores with their defective product, according to the class action lawsuit.
“As a result of Walmart’s unfair, deceptive and fraudulent business practices, owners of the class devices, including Plaintiff, have suffered an ascertainable loss of money, property and/or value,” the lawsuit states.
“The egregiously unfair, deceptive and unconscionable trade practices committed by defendant give rise to substantial aggravating factors.”
The claims included in the suit note violations worth more than $5million.
The lawsuit explains that Walmart’s private label products have a profit margin that is twice as high as the profit of national brands.
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Steven Farmer is the lead plaintiff in the Walmart class action lawsuit.
He said his eight-inch Surf Tablet Pro developed black blotches after four months of normal use and the touchscreen stopped working.
Farmer even claims that he then purchased the same model and, within days, a crack appeared along the bottom of the touchscreen.
He said the crack proceeded to spread across the screen and the touchscreen stopped working.
The Onn tablets class action alleges that Walmart would not fix or replace the tablets.
With the lawsuit, Farmer seeks monetary damages and equitable relief for the class.
The company’s failure to address the issues violates New Mexico’s consumer fraud and false advertising statutes and is a breach of the Magnuson-Moss Warranty Act, Top Class Actions reported.
It’s also said to be a breach of implied and express warranties as well as fraudulent misrepresentation and unjust enrichment.
In a statement shared with The U.S. Sun by email, Walmart’s Senior Director of national media relations, Randy Hargrove, said: “We don’t manufacture the items which are the subject matter of the complaint.”
He went on to state, on the company’s behalf: “We expect all suppliers to provide quality products that meet customers’ expectations. We will respond to the Complaint in Court as appropriate.”