Safeway Delivery Overcharge Litigation

Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) is co-lead counsel in this certified class action against Safeway, Inc. involving a secret mark-up added to the price of groceries ordered for delivery through the,, and websites. Despite telling consumers that the prices for delivered groceries would be the same as the price in the store from which the groceries were picked and delivered, in 2010 Safeway secretly began adding 10% or more to the in-store price of groceries. The Court certified a national class and issued a series of orders granting summary judgment in Plaintiff’s favor as to liability and damages claims. In December 2015, the Court entered a $41.9 million judgment, which represents the full amount of the markups plus prejudgment interest.

On August 4, 2017, the Ninth Circuit Court of Appeals affirmed a $42 million judgment against Safeway for breaching its contract by marking up the price of groceries ordered through Safeway’s home delivery service. The judgment represent full recovery of class members’ damages plus interest. CSK&D partners Steve Schwartz and Tim Mathews represented the Safeway consumers. Collectively they have secured full-recovery class settlements and judgments on behalf of consumers of Apple, Whirlpool, T-Mobile, Bayer, Siemens, American Airlines, Nationwide Insurance, and Merrill Lynch. A copy of the opinion can be viewed here. A video of the Ninth Circuit argument can be viewed here.

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Attorneys for this case:

Steven A. Schwartz
Timothy N. Mathews