Legal Question in Business Law in Oklahoma

We took out a walmart discover card in July 2010, and our bill just would not go down when we would pay, we have been paying 68.00 for over a year. We called them once to see what the fee was and they said it could be a late charge and they would remove it. However we were not late. After doing some research we find out that walmart enrolled us in a credit card protection plan without our knowledge? The rep says this happens all of the time. I now have to wait for a supervisor to call me and see if they will even refund me back all that is owed? My question is, if this is happening to me how many other unsuspecting customers are they doing this to? They could be making millions of dollars off of unsuspecting customers. Is there a way to file a lawsuit or class action suit against them to stop this from happening?



Asked on 8/26/11, 11:20 am

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC


The answer to your questions is, yes, there is a possibility of a lawsuit to recover for what you described occurred. There are many fairly complex issues, however, including some recent US Supreme Court decisions that dramatically affect class action lawsuits. Alone, it's highly unlikely that a single individual could or would go through the trouble to get a remedy for this kind of activity through the courts; therefore, a class action is precisely the civil procedure mechanism for doing so.

Your comments lead me to suggest you contact an attorney familiar with a number of things, including (1) the recent Supreme Court decisions and affects on class actions in general; (2) federal court; (3) Multi-District Litigation [which is a federal court procedural mechanism]; and (4) someone familiar with the laws of Oklahoma [i.e., an Oklahoma attorney]. You have evidently done considerable research and investigation, and the information on which you base your conclusion needs to be thoroughly reviewed by an attorney. As for costs, I would also suggest that you deal with an attorney who would review the situation without charge to you, and that has experience in handling such matters on a completely contingent basis (i.e., if there is no recovery, you pay nothing).


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Answered on 8/26/11, 11:43 am

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