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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
A $42 million judgment against Safeway is now being distributed to qualifying Class Members who were allegedly overcharged for online grocery delivery service.
Delivery customers of Safeway may qualify for reimbursement if they registered for Safeway.com delivery service before November 2011 and placed an order between April 2010 and December 2014.
This Safeway class action lawsuit began in June 2011. Plaintiff Michael Rodman alleged defendant Safeway Inc. charged more than just its stated delivery fee for the online grocery delivery service it offered in select metropolitan areas.
According to Rodman, Safeway charged around 10 percent more than its in-store price for each grocery item sold and delivered through this service. He claims Safeway levied this upcharge in violation of the stated terms of its delivery service, which assured customers they would pay the same price for groceries as they would pay when shopping in person.
The court certified Rodman’s proposed Class in March 2014. In December 2014, the court granted Rodman’s motion for partial summary judgment, concluding that Safeway breached its contract with delivery customers.
The court entered judgment in November 2015 for damages and prejudgment interest totaling nearly $42 million. Safeway appealed the judgment, but it was upheld in August 2017 by the Ninth Circuit Court of Appeals. The judgment is now final.
The judgment funds are now being distributed by a third-party judgment administrator, similar to how funds are distributed from a class action settlement. The judgment administrator will mail checks to known Class Members at the address reflected in existing records. Class Members do not need to submit a claim to receive payment.
To make sure they receive their check, Class Members are encouraged to check the class membership notice they received to confirm that their mailing address and the name of the check payee are correct. Class Members can update this information with the judgment administrator.
Class Counsel has requested a fraction of the funds to cover attorneys’ fees, court costs, and a $10,000 service award for Rodman. Class Members may object to class counsel’s request for attorneys’ fees and costs, or to Rodman’s request for a service award.
The deadline for filing objections is March 2, 2018, and the court will hold a hearing on those issues on March 29, 2018.
Who’s Eligible
Safeway delivery customers may qualify as Class Members if they registered to purchase groceries through Safeway.com any time before Nov. 15, 2011 and, between April 2010 and Dec. 21, 2014, made one or more purchases subject to the price markup implemented on or about April 12, 2010.
Potential Award
Varies.
The amount of each Class Member’s payment will be determined by the amount of markup they paid plus adjustments for returns or refunds, pre- and post-judgment interest, attorneys’ fees, court costs, and a service award for the named plaintiff. Average individual payments for qualifying Class Members are estimated to be about 89 percent of the markup charged.
Proof of Purchase
No proof of purchase is necessary.
Frequently Asked Questions
NOTE:Â If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Objection Deadline
3/2/2018
Case Name
Rodman v. Safeway Inc., Case No. 3:11-cv-03003-JST, in the U.S. District Court for the Northern District of California
Final Hearing
3/29/2018
UPDATE: On August 22, 2018, the court issued an order awarding attorneys’ fees, and authorizing the plan of distribution. However, on September 21, 2018, an appeal was filed. Claims will not be paid until all appeals are exhausted. We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.
UPDATE 2: On April 30, 2019, the Court dismissed the appeal to the Safeway Grocery Delivery Class Action Judgment. This dismissal will become a final mandate on May 21, 2019. The settlement administrator estimates that checks will be mailed six to eight weeks after the mandate. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page
UPDATE: On July 15, 2019, Top Class Actions viewers started receiving checks in the mail from the Safeway online delivery judgement worth as much as $2,289.83. Congratulations to everyone who got PAID!
Judgment Website
Claims Administrator
Safeway Judgment Administrator
c/o Angeion Group
1801 Market Street, Ste 660
Philadelphia, PA 19103
SafewayJudgment@AdministratorClassAction.com
Class Counsel
Steven A. Schwartz
Timothy N. Mathews
CHIMICLES & TIKELLIS LLP
James C. Shah
SHEPHERD FINKELMAN MILLER & SHAH LLP
Defense Counsel
Scott D. Baker
Jonah D. Mitchell
James A. Daire
Christine M. Morgan
Paul Fogel
Brian Sutherland
REED SMITH LLP
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198 thoughts onSafeway Grocery Delivery Class Action Judgment Distribution
I received a check for $2.93 ! shopped with them since 2002! Rip off! My cousin received a check for$307.11!
Recd today 7/15 – a nice surprise! $1400.
I got mine today for $27.92
I received my check today in the mail and I really thought it was a scam also. But it is not. I used Vons online delivery service for many many years during those date times.
How much?
I received a check but am worried that this is just a scheme to get my banking account numbers when I cash this check. Can anyone answer if this is legit?
No it’s not mine is arriving today according to usps and I got email last week form the claim dept that cks were being sent out on the 11 th so that is pretty fast if I do get it today hoping is more than just a few bucks good luck everyone
Wow I just got my ck here in San Diego guess for how much guys lol $5.75 haha hope people get better ones all this wait and iam sure I was over charged more i order many times oh well better make my $5 last lol
Ugh, that’s what I’m afraid of! I won’t know til I get home from work…I hope it’s at least enough to order a pizza!
One lady posted on Facebook a check for a little over 1,200.
I received mine today. $2289.83 for 4 yrs of groceries.
Wow, I can only hope. I don’t even know how much I spent. Won’t know until later this afternoon when I get home.
I did the whole 4 years too and my check was only $60.54 :-(
Mine was only $775 but I was hoping for more since I’ve been ordering since 2010. I guess I never really bought items that were overpriced/charged. Oh well, something is better than nothing.
I got a check and I am very worried this is a scam. Did you cash your check?
Not a scam. I got mine today for $352 and went right to the bank and cashed it. It was a nice surprise because I had totally forgotten about the case because it started so long ago.
My elderly father used Vons online delivery for years. He received a check today. It is legit!
So it looks like my check is being delivered today, according to USPS. Finally! Can’t wait to see how much it’ll be. I’m not expecting to be able to retire on it, but I hope for more than a few bucks!
In a class action lawsuit only the attorney’s make the real money and of course the lead class member also make a better payout because they are the lead. I normally opt out and do so on my own where there is more money but I didn’t this time. On the Walgreens matter for robo calls all the class members got a check for $20.00 but I opted out and sued with an attorney and got a kool 50k. Just in time as I needed a new car
How do you know USPS is sending it? How do you check? Thank you
It’s called informed delivery. Login to the USPS website and you can see your mail that’s going to be delivered for the day.
Thanks! Unfortunately, I can’t see because I don’t have a cell/text.
No you weren’t. Everyone got the same email dated checks to be mailed on or after July 11, 2019!!!
I received this email today.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Notice of Distribution of $42 Million Safeway Judgment
You are a class member in the Rodman v. Safeway Grocery Delivery Overcharge Class Action.
On or about July 11, 2019, the judgment administrator will mail a check for your share of the judgment.
You will have 90 days to cash the check.
On average, the checks represent 98% of the unlawful overcharge paid. If any funds remain due to uncashed checks, Class Counsel will likely request that, if practicable, the Court approve sending a second check to those class members who cashed their first checks in proportion to their share of the Judgment. Please see Paragraph 10 of the Long Form Notice, available by clicking here, for more details.
If you do not receive your check by August 12, 2019, if you lose your check, or if you receive a check payable to a deceased relative or in your prior name, you can request a replacement check by sending an email to
SafewayJudgment@AdministratorClassAction.com, or by sending a letter, first class mail to:
Safeway Judgment Administrator
1650 Arch Market Street
Ste 2210
Philadelphia, PA 19103
An affidavit of lost check will be sent to you, which you will need to complete and return to receive a replacement check. If you need to change the name on the check, you will need to provide proof of name change or proof of death and documentation reflecting the proper payee.
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I was supposed to get mine by the 5th of July and have never received it yet. Don’t know who to contact, the e-mail I got in mail I used to reply and it comes back undeliverable. Don’t know what to do but wait.
I got an email today letting me know my check is being mailed July 11th and i have 90 days to cash it.
Great news!