Kyle Rhodes, Wesley Atwood, and Samantha Hudon v. the Kroger Co. Andrea…

Summary

The court affirmed dismissal of the class action against Kroger, holding that the 2017 amendments to Arkansas's price-discrimination statute were substantive and could not be applied retroactively, but that the functional-availability doctrine independently defeated the claims concerning the Kroger Plus Card. The court also held that the senior-citizen-discount claim failed because the complaint did not allege that Kroger willfully refused or failed to provide the discount. Justice Womack, joined by Justice Wood, concurred in the affirmance but would have treated the amendments as a clarification of existing law applicable to the earlier transactions.