Safeway Hit with Class Action Lawsuit Over Delivery Charges

Safeway has been hit with a federal class action lawsuit for allegedly promising its Safeway.com online shoppers that it will deliver groceries for $7 to $13 a trip and charge in-store prices for the groceries, but secretly tacks on 10 percent to the cost of most the items.According to the Safeway class action lawsuit, the grocery store chain advertises and puts in its delivery agreement, which consumers consent to when they register online for home delivery, that they will be charged the same prices for delivery as they would pay if they went to the local store.

“In reality, however, Safeway secretly adds approximately 10 percent to the in-store price of most of the groceries it sells and delivers through its web-based service,” the Safeway delivery class action lawsuit says. “Safeway does not disclose that consumers will be charged higher prices for items ordered through Safeway.com. Indeed, to the contrary, it specifically represents that consumers will be charged the same amount for items as the in-store price at the time of purchase. Other than visiting the store to check prices on the day of delivery, consumers have no way of knowing that Safeway has overcharged them.”

The Safeway class action lawsuit is brought on behalf of all persons in the United States who have purchased groceries form Safeway.com. It is asking for a cease and desist order to ban Safeway from engaging in the alleged wrongful conduct and is seeking an award of statutory damages, general damages, special damages and exemplary damages for Breach of Contract, violations of the Consumers Legal Remedies Act, False and Misleading Advertising, and Unlawful Business Acts and Practices in violation of California law.

A copy of the Safeway Grocery Delivery Class Action Lawsuit can be read here.

The case is Michael Rodman, et al. v. Safeway, Inc., Case No. C11-03003, United States District Court, Northern District of California.

UPDATE: A federal judge partially certified the Safeway Grocery Delivery Class Action Lawsuit.

UPDATE 2: On Oct. 4, 2016, Safeway was ordered to pay $516,000 in discovery sanctions to a Class of grocery shoppers who claim they overpaid for online purchases.

UPDATE 3: December 2017, a $42 million judgment against Safeway is now being distributed to qualifying Class Members who were allegedly overcharged for online grocery delivery service. Learn more here.

UPDATE 4: 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!