Home Depot Class Action – Judge largely Denies Defendant’s Motion to Dismiss

A Georgia judge in an ongoing class action case against Home Depot largely denied Home Depot’s motion to dismiss the class action suit that alleges it engaged in deceptive business practices regarding its reference pricing methods.

See the Order Here!

False Reference Pricing Home Depot Class Action

On April 1, 2026, Judge Victoria M. Calvert from the U.S. District Court for the Northern District of Georgia issued an order that denied a significant portion of Home Depot’s motion to dismiss, which sought to throw out claims brought by Shub Johns & Holbrook LLP and co-counsel on behalf of a class of consumers.

Plaintiffs and Plaintiffs’ counsel filed a class action matter against Home Depot on April 4, 2024, followed by un updated, consolidated amended complaint in February 2025. The plaintiffs assert in the complaint that Home Depot engages in deceptive strike-through or false reference pricing, in which items labeled at certain percentages off many of its products’ retail prices, but the prevailing market price of the product may not have been the retail price at all.

The concern that plaintiffs and potential class members may have is what is the true price! When you purchase a product on sale for 50% off and figure out that it has been 50% off for three months now, at what point is that the real price of the product… or was it always the real price.

Home Depot sought to dismiss many of the claims that the plaintiffs brought against it pursuant to the deceptive pricing practice, a motion that the Judge largely denied in part leaving many of Plaintiffs’ claims to survive.

The case is captioned Berger et al v. Home Depot U.S.A., Inc., Case No. 1:24-cv-01435 (N.D. Ga). Shub Johns & Holbrook Partner Jonathan Shub represents Plaintiffs alongside co-counsel. Mr. Shub  was “pleased with the court’s ruling” in a quote made to Law360 when asked about the court’s recent decision.

Have you been a victim of the Strike-Through pricing scheme?

It may not just be Home Depot! Other companies may be engaging in similar false reference pricing practices as well. If you are a home depot shopper or a consumer at another retail location you believe engages in this practice and are concerned that you have been affected by the false reference pricing scheme, please contact us by filling out the form below.