Safeway Grocery Delivery Class Action Judgment Distribution

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

FREQUENTLY ASKED QUESTIONS »

NOTE: 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

www.SafewayGroceryDeliveryClassAction.com

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