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Walmart Sued Over Allegedly Opening Bank Accounts for Delivery Drivers Without Consent

According to the plaintiffs, Walmart and its third-party financial partner, the fintech firm "GreenDot," began enrolling delivery drivers for Walmart’s grocery and e-commerce services into bank accounts known as “Walmart Direct Deposit Accounts” without their explicit consent.

Sara Jones by Sara Jones
December 24, 2024
in Business, Markets, News, Technology
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Walmart Sued Over Allegedly Opening Bank Accounts for Delivery Drivers Without Consent
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Walmart is facing a major lawsuit after allegations surfaced that the retail giant illegally opened bank accounts for its delivery drivers without their consent, leading to widespread accusations of fraud and violation of consumer rights. The class-action lawsuit, filed in a U.S. district court earlier this week, claims that Walmart, in collaboration with a third-party banking partner, automatically enrolled its delivery workers into financial accounts without their knowledge or approval, and in some cases, charged them fees.

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The lawsuit, which seeks damages for thousands of delivery drivers who were allegedly affected, accuses Walmart of deceptive practices and breaching both consumer protection and labor laws. It marks the latest in a series of legal challenges for the company, which has been under increased scrutiny for its labor practices and financial services offerings in recent years.

Alleged Unauthorized Bank Accounts

According to the plaintiffs, Walmart and its third-party financial partner, the fintech firm “GreenDot,” began enrolling delivery drivers for Walmart’s grocery and e-commerce services into bank accounts known as “Walmart Direct Deposit Accounts” without their explicit consent. Drivers, many of whom are independent contractors, were allegedly told that the accounts were a requirement for receiving their pay or for processing their earnings. In many instances, workers claim that they were unaware that they were opening these accounts or that they were charged for services such as ATM withdrawals and monthly maintenance fees.

“This was a total violation of our privacy and our trust,” said Jorge Hernández, one of the plaintiffs and a former Walmart delivery driver. “I didn’t ask for this account, and I didn’t know it existed until I started seeing charges taken out of my pay for things like ATM withdrawals. It felt like they were stealing from me.”

The lawsuit claims that many drivers only became aware of the accounts after discovering unapproved deductions from their wages. In some cases, workers allege that they were required to use these accounts to receive their pay, leaving them with no choice but to accept the financial services Walmart had set up for them, even if they didn’t want or need them.

Walmart sued by US watchdog for opening 1 million illegal accounts, making  false promises to delivery drivers | Company Business News

The lawsuit has been filed as a class action, which means that it could potentially represent thousands of Walmart delivery drivers across the United States. The plaintiffs are seeking restitution for all affected workers, along with punitive damages for the alleged unlawful business practices.

The lawsuit includes accusations that Walmart’s actions violated the Electronic Funds Transfer Act (EFTA), a federal law designed to protect consumers from unauthorized transactions, as well as other consumer protection regulations. Attorneys representing the plaintiffs argue that Walmart’s conduct constitutes fraud and misrepresentation, as workers were not fully informed about the accounts and had no clear opportunity to opt out.

“Walmart’s actions are an egregious violation of the rights of delivery workers, who already face challenges with their pay and benefits,” said Emily Thompson, an attorney for the plaintiffs. “Not only were these workers subjected to hidden fees and unauthorized account openings, but the company also took advantage of their financial vulnerability by pushing them into a system that they did not agree to. Walmart must be held accountable.”

Walmart’s Response

In a statement issued in response to the lawsuit, Walmart denied any wrongdoing, claiming that it was “committed to providing fair and transparent payment systems” for its workers.

“We are aware of the recent lawsuit and take these allegations seriously. We are confident that the accounts were opened with proper authorization and consent,” the company said in a written statement. “We are reviewing the claims and will work with the court to address any concerns. Walmart provides a range of payment options for our delivery drivers, including direct deposit to external accounts.”

Walmart further stated that the accounts in question were meant to help drivers receive their pay more quickly and efficiently, and that fees associated with the accounts were disclosed during the onboarding process. However, plaintiffs in the lawsuit have disputed this claim, arguing that they were never adequately informed about the terms of the bank accounts or the fees they would incur.

The Role of GreenDot and Third-Party Partnerships

Central to the case is Walmart’s partnership with GreenDot, a third-party fintech company that provides banking services to businesses. GreenDot’s platform allows companies like Walmart to offer branded bank accounts to workers, which can include features such as direct deposit, prepaid debit cards, and online banking services.

GreenDot, which is not named as a defendant in the lawsuit, has faced similar allegations in the past related to unauthorized fees and misleading practices. Critics argue that the fintech company has often worked with large corporations to implement opaque financial products that disproportionately affect low-income workers.

Walmart’s decision to partner with GreenDot has raised concerns about how the company manages the financial welfare of its workers, especially in an era when many delivery drivers, gig workers, and part-time employees struggle with financial instability.

Implications for the Gig Economy

The lawsuit has highlighted broader concerns about the gig economy, in which workers often lack access to traditional benefits like healthcare, retirement plans, and paid leave. Independent contractors, who make up a significant portion of Walmart’s delivery workforce, may face additional challenges when it comes to managing their financial well-being, and many have criticized companies like Walmart for failing to provide adequate support.

“Walmart’s actions are part of a larger trend of corporations shifting the financial burden onto their workers,” said Alice Sanders, a policy analyst with the National Employment Law Project. “This is especially concerning in an era where delivery drivers, Uber drivers, and other gig workers are often paid low wages and have little job security. For Walmart to take advantage of their financial vulnerability by opening accounts and charging fees is exploitation at its worst.”

Walmart and Branch Messenger Sued for Allegedly Defrauding Delivery Drivers  with Hidden Fees - YouTube

The case is still in its early stages, but it is expected to attract attention from both consumer advocacy groups and labor unions, who are increasingly focused on the rights of gig and delivery workers. Should the lawsuit succeed, it could force Walmart to revise its practices and potentially offer compensation to all affected delivery drivers.

In the meantime, workers who believe they have been impacted by these practices are encouraged to join the lawsuit or file individual complaints with consumer protection agencies.

The outcome of the case could have wide-ranging implications for corporate practices in the gig economy, especially as more companies explore ways to manage the finances of their contracted workforce.

Tags: tech newstechstorythe fintech firm "GreenDotWalmartWalmart and its third-party financial partnerWalmart newsWalmart updates
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Sara Jones

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