Migliaccio & Rathod LLP is investigating reports that consumers purchasing groceries from Albertsons or Safeway through Instacart may have been shown different prices for identical grocery products at the same store and at approximately the same time.
A Consumer Reports/Groundwork investigation tested grocery prices displayed to hundreds of Instacart shoppers and reported differences in the prices shown for identical products from identical stores. Participating retailers included Albertsons and Safeway, among several other major grocery chains. Some tested products reportedly varied by as much as approximately 23%.
Instacart stated that its experimental price assignments were randomized rather than based on shoppers’ demographic characteristics or personal data.
Migliaccio & Rathod is investigating whether Albertsons and Safeway customers experienced these account-to-account price differences and whether consumers were adequately informed that another shopper purchasing the same item from the same location could potentially receive a different price.
Consumers May Have Experienced:
- Purchasing Albertsons or Safeway groceries through Instacart;
- Comparing prices with another shopper ordering from the same store;
- Seeing different prices for identical grocery products;
- Paying more for the same grocery basket than another Instacart user;
- Seeing different prices between two accounts using the same delivery address; or
- Discovering that an identical product was offered at a lower price to another shopper.
Potential Claims May Include:
- Failure to adequately disclose differentiated grocery pricing;
- Misleading presentation of item prices;
- Unfair or deceptive trade practices;
- Failure to disclose account-level pricing differences;
- Unjust enrichment; and
- Violations of applicable state consumer-protection laws.
Signs You May Be Affected:
- You purchased Albertsons or Safeway groceries through Instacart;
- You compared your prices with another shopper;
- Another account displayed a lower price for the same product from the same store;
- Two users at the same address saw different item prices;
- Your total basket price differed from another otherwise comparable order; or
- You have screenshots showing different prices for identical products.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call.