Wal-Mart Aims To Boot Battery Fee Class Action

Law360, New York (September 12, 2011, 2:03 PM EDT) -- Wal-Mart Stores Inc. on Friday asked a federal court to throw out a putative class action accusing the retailer of duping consumers into believing that a $9 fee on car batteries was required under California law.

In a motion to dismiss, Wal-Mart argued that no reasonable consumer would have bee deceived by its policy of charging the battery core fees, which businesses are allowed to collect to cover the cost of recycling lead-acid batteries.

Plaintiff June Johnson filed the suit in June, claiming that Wal-Mart told...
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