Migliaccio & Rathod LLP is investigating reports that consumers purchasing Target groceries through Instacart may have been shown different prices for identical products depending on the shopper or account.
Target was among the retailers included in the Consumer Reports/Groundwork investigation of Instacart grocery pricing. The investigation reportedly found differences between prices shown to different users for identical items from identical stores at approximately the same time.
Instacart maintained that the price differences resulted from randomized testing rather than individualized pricing based on shoppers’ demographic or personal characteristics.
Migliaccio & Rathod is investigating whether consumers understood that different shoppers could potentially receive different item prices and whether affected customers paid more than other users for otherwise identical Target grocery purchases.
Consumers May Have Experienced:
- Ordering Target groceries through Instacart;
- Receiving a different item price than another Instacart customer;
- Comparing simultaneous orders and discovering different prices;
- Paying a higher total for an otherwise identical grocery basket;
- Seeing different prices between accounts using the same store and delivery location; or
- Discovering after purchase that another shopper received a lower price for the same item.
Potential Claims May Include:
- Failure to adequately disclose differentiated pricing;
- Misleading presentation of grocery prices;
- Unfair or deceptive trade practices;
- Failure to disclose account-level pricing experimentation;
- Unjust enrichment; and
- Violations of applicable state consumer-protection laws.
Signs You May Be Affected:
- You ordered Target groceries through Instacart;
- You compared your item prices with another Instacart user;
- Another shopper received a lower price for the same Target product;
- Two accounts using the same location displayed different prices;
- You paid more for an otherwise identical Target grocery basket; or
- You have screenshots or receipts showing account-to-account price differences.
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.