Court Grants Class Certification In Sam’s Club Litigation

On March 12, 2012, the Honorable Jerome B. Simandle issued a decision certifying claims on behalf of a class of consumers. Plaintiff in the case, which is captioned William Hayes v. Wal-Mart d/b/a Sam’s Club, No. 10-460 and pending in the U.S. District Court for the District of New Jersey, alleged that Defendant sold service plans with various products to cover “as-is” products and did not inform consumers that the service plans actually do not cover “as-is” products. Plaintiff’s claims with respect to his first service plan included claims for violation of the New Jersey Consumer Fraud Act, as well as claims for breach of contract and unjust enrichment. The certified class is defined as follows, “[a]ll consumers who, from January 26, 2004 to the present, purchased from Sam’s Clubs in the State of New Jersey, a Sam’s Club Service Agreement to cover as-is products.”