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Chimicles & Tikellis Wins Decision On Motion To Dismiss In Safeway Delivery Overcharge Case

On November 1, 2011, the United States District Court for the Northern District of California denied a motion to dismiss filed by Safeway Inc. in a class action filed by C&T alleging that Safeway overcharges customers who order groceries online for home delivery.  The complaint alleges that, despite telling consumers that the prices for delivered groceries will be the same as the price in the store, Safeway secretly adds 10% or more to the in-store price of most groceries it delivers.   C&T brought claims on behalf of consumers who placed orders on Safeway.com, Genuardis.com, and Vonns.com.  The Court denied Safeway’s motion to dismiss in its entirety, concluding that “[Safeway] clearly stated that there was price parity between the online prices and the prices charged in the store.”

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