Walmart agreed to a $100 million judgment to resolve allegations that its Spark Driver delivery service misrepresented driver pay, tips and incentives. The settlement provides for $79 million in direct payments to drivers, another $10 million that the Federal Trade Commission (FTC) says it intends to distribute to drivers, and $11 million in civil penalties to 11 states. Eligible drivers do not need to apply, but not every driver will receive money, and the FTC has not stated an individual payment amount or date.
What did the FTC allege about Spark Driver pay?
The FTC and 11 states announced the settlement on February 26, 2026. The FTC complaint alleged that Spark Driver offers sometimes showed inflated base pay or tips, and that the service did not adequately explain that displayed tips were not preauthorized and could fail or be split when an order was divided among drivers. The complaint also alleged that Walmart reduced pay or tips on modified batched offers without timely notice, did not disclose or pay some incentive conditions, and sometimes kept customer tips despite representing that drivers received 100% of tips. These are allegations resolved through a settlement, not findings after a trial. FTC announcement
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The FTC says drivers use the base pay and expected tips shown in an offer to decide whether to accept a delivery. Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, said: “Labor markets cannot function efficiently without truthful and non-misleading information about earnings and other material terms.” FTC statement
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How is the $100 million judgment divided?
| Amount | Purpose |
|---|---|
| $79 million | Direct payments to drivers, as directed by the order. |
| $10 million | Paid to the FTC, which says it intends to distribute the money to drivers. |
| $11 million | Civil penalties to the 11 participating states. |
The $79 million and $10 million amounts are designated for driver relief; the $11 million is state civil penalties. These components make up the $100 million judgment. FTC settlement FAQ
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Who is included, and do drivers need to apply?
The FTC says the complaint sought nationwide relief, so drivers outside the 11 states that joined the case may qualify. That does not mean every Spark Driver is eligible. Walmart is identifying and paying affected drivers, and drivers do not need to submit an application or contact the FTC to receive a payment. Walmart began making payments connected to the case in mid-2025, before the public settlement announcement; the FTC has not specified a universal payment date. FTC settlement FAQ
How much will an individual driver receive?
The FTC’s general FAQ does not establish a fixed amount per driver or a payment schedule. It says the amount depends in part on how many drivers were harmed. Do not assume that the $89 million designated for driver relief will be divided equally or that every driver will receive a payment. FTC settlement FAQ
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- Gift Cards are shipped active and ready for use.
- This card is non-reloadable. No cash or ATM access. Funds do not expire. If available funds remain on your card after the valid thru date has passed, please call customer service for a replacement card. A one-time purchase fee applies at the time of checkout. No fees after purchase.
- To access your card information safely, type the complete website address shown on your Gift Card (MyGift.GiftCardMall.com) directly into your browser's address bar. Don't use search engines or shortened versions of the website address, as these may lead you to fake or fraudulent sites. Do not provide any Gift Card details (example: Card Number) to someone you do not know or trust. If you believe you've reached an illegitimate website, contact cardholder service at 1-888-524-1283. Be cautious of phishing sites, there are a variety of scams in which fraudsters try to trick others into paying with gift cards.
- To report your Lost or Stolen Physical Visa Card, call Customer Service 24/7 at 1 (888) 524-1283 to cancel your Gift Card as soon as you can. You will be asked to provide the Gift Card number and other identifying information.
- Use your Visa Gift Card in the U.S. everywhere Visa debit cards are accepted, including online.
Is there a fee to get a payment, and does accepting one waive legal rights?
The FTC warns that it never asks people to pay a fee to obtain a refund. Treat any request for an upfront payment as suspicious, and do not provide personal information to an unsolicited third-party service claiming to arrange a settlement payment. FTC settlement FAQ
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According to the FTC FAQ, accepting a payment does not require a driver to give up rights under federal or state law. That statement does not decide the merits of any separate claim. FTC settlement FAQ
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What changes does the settlement require from Walmart?
The stipulated order requires Walmart to operate an earnings verification program for 10 years to help ensure drivers receive the earnings and tips they were promised. It also bars misrepresentations about earnings and other material information in driver offers. In general, Walmart may not change an offer’s base pay, incentives or tips after the initial offer, except in limited circumstances such as a driver not providing the required service or a customer cancelling. FTC announcement FTC settlement FAQ
When did the settlement take effect, and did Walmart admit liability?
The FTC and states announced the agreement on February 26, 2026; the U.S. District Court for the Northern District of California entered the stipulated order on March 3, 2026. The FTC explains that a complaint reflects the agency’s reason to believe a violation occurred, while an approved and signed stipulated order has the force of law. Walmart’s SEC filing says the company agreed to the judgment without admitting liability. FTC announcement Court order information Walmart SEC filing
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Why does Walmart’s filing mention about $63 million and $37 million?
In its SEC filing, Walmart said approximately $63 million of the judgment was suspended under the order and approximately $37 million was accrued as of January 31, 2026. Those are the company’s accounting disclosures, not a different settlement total: the judgment remains $100 million. The filing also said Walmart continued discussions with representatives of certain other states. Walmart SEC filing
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- Gift Cards are shipped active and ready for use.
- This card is non-reloadable. No cash or ATM access. Funds do not expire. If available funds remain on your card after the valid thru date has passed, please call customer service for a replacement card. A one-time purchase fee applies at the time of checkout. No fees after purchase.
- To access your card information safely, type the complete website address shown on your Gift Card (MyGift.GiftCardMall.com) directly into your browser's address bar. Don't use search engines or shortened versions of the website address, as these may lead you to fake or fraudulent sites. Do not provide any Gift Card details (example: Card Number) to someone you do not know or trust. If you believe you've reached an illegitimate website, contact cardholder service at 1-888-524-1283. Be cautious of phishing sites, there are a variety of scams in which fraudsters try to trick others into paying with gift cards.
- To report your Lost or Stolen Physical Visa Card, call Customer Service 24/7 at 1 (888) 524-1283 to cancel your Gift Card as soon as you can. You will be asked to provide the Gift Card number and other identifying information.
- Use your Visa Gift Card in the U.S. everywhere Visa debit cards are accepted, including online.
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