NEW YORK, July 5 (Reuters) - A U.S. judge threw out a
central claim in a Federal Trade Commission lawsuit accusing
Walmart ( WMT ) of turning a blind eye to scam artists who used
its money transfer services to fleece consumers out of hundreds
of millions of dollars.
In a decision on Wednesday, U.S. District Judge Manish Shah
in Chicago rejected a claim that Walmart ( WMT ) owes monetary damages
for violating the federal Telemarketing Sales Rule.
The rule prohibits deceptive and unfair acts in
telemarketing, and bans money transfers to pay for goods and
services offered through telemarketing.
Shah said the FTC didn't offer enough specifics on how the
world's largest retailer and its allegedly ill-trained employees
saw or consciously ignored warning signs that fraudsters used
its money transfer services to break the law.
The judge had dismissed the Telemarketing Sales Rule claim
in March 2023, leading the FTC to amend its complaint with new
details. Wednesday's dismissal was with prejudice, meaning the
FTC cannot pursue the claim again.
Shah said the regulator can still seek an injunction to
against violations of an FTC Act provision that prohibits
"unfair methods of competition in commerce."
The FTC declined to comment on Friday.
Walmart ( WMT ), based in Bentonville, Arkansas, welcomed the
decision.
"We've said all along that the FTC's case is a misguided
attempt to expand its enforcement authority, and ruling
validates that view," it said in a statement. "Walmart ( WMT ) will
continue working hard to keep consumers safe from scammers."
Walmart ( WMT ) acts as an agent for money transfers by companies
such as MoneyGram, Ria and Western Union ( WU ). Money
can be hard to trace once delivered.
The FTC said fraudsters used many common schemes, including
impersonating Internal Revenue Service agents, impersonating
family members who needed money from grandparents or other
relatives to avoid jail, and telling victims they won lotteries
or sweepstakes but owed fees to collect their winnings.
The case is Federal Trade Commission v Walmart Inc ( WMT ), U.S.
District Court, Northern District of Illinois, No. 22-03372.