Rodman v. Safeway Inc.

United States District Court for the Northern District of California

Civil Action No. 11-cv-03003-JST

If you ordered groceries for home delivery from Safeway.com, Vons.com, or Genuardis.com, a class action may affect your rights.

On August 23, 2018, the District Court issued an Order approving the proposed plan of distribution.

On July 11, 2019, the judgment administrator mailed a check to Class Members for their share of the judgment.

The deadline to cash your check is December 9, 2019.

On average, these checks represent 98% of the unlawful overcharge paid by each Class Member.

If you have previously contacted the Administrator requesting the check be reissued or providing an updated address, please be patient. Check requests and check reissues are being processed on a rolling basis on a first come first serve basis. Provided you have submitted the necessary documentation (where applicable), a new check will be issued and mailed to you.

Class Members seeking a reissued check may be required to complete an affidavit of lost check. If an affidavit is necessary, we will contact you and an affidavit will be sent to you. You will need to complete and return the Affidavit to receivew a replacement check.

If you need to change the name on the check or the payee, you will neeed to provide proof of name change or proof of death and documentation reflecting the proper payee. Please gather these documents and provide them to us as attachments to a reply email (scan or legible photo):

to SafewayJudgment@administratorclassaction.com or

by sending a letter, first class mail to:

Safeway Judgment Administrator
1650 Arch Street
Suite 2210
Philadelphia, PA 19103

Check reissue requests will be processed in the order they are received and will take place periodically.

If you know your Claim Number, please include it in any correspondence with the Judgment Administrator. This will help to expedite the review and reissue process.

Plaintiff Michael Rodman filed this lawsuit in June 2011. He alleged that Safeway, Vons and Genuardis (collectively “Safeway”) breached their online grocery delivery terms and conditions by charging more than the prices charged for the same items in the store from which they were delivered on the day of delivery. Specifically, Safeway added a markup equal to about 10% of the in-store price of most non-Club Card items ordered for delivery.

Please note, the lawsuit challenged the markup as applied: (1) only to customers who registered before November 15, 2011; and (2) only to orders placed from April 2010, through December 21, 2014. Therefore, any markups which Safeway applied or continues to apply to any orders placed after December 21, 2014 are not part of this lawsuit.

The Court ruled in March 2014 that this case should proceed as a class action, and in November 2015 the Court entered a Judgment against Safeway for 100% of the markup at issue after deduction for returns/refunds, plus interest. Safeway appealed. In August 2017, the Court of Appeals for the Ninth Circuit affirmed the Judgment.

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