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Walmart Escapes California Consumer Privacy Act Lawsuit for Good (1)

July 29, 2021, 3:45 PM; Updated: July 29, 2021, 9:09 PM

Walmart Inc. won dismissal of a proposed privacy class action after a California federal judge ruled the plaintiff’s first amended complaint didn’t fix the issues he’d identified several months back.

Plaintiff Lavarious Gardiner’s amended complaint is dismissed with prejudice because he failed to state a California Consumer Privacy Act claim as well as injury for his other claims, Judge Jeffrey S. White wrote in an order filed Wednesday in the U.S. District Court for the Northern District of California.

Attorneys representing Gardiner didn’t immediately respond to a request for comment.

White dismissed Gardiner’s first complaint in March.

“Plaintiff has failed ...

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