Migliaccio & Rathod LLP is investigating reports that Instacart shoppers may have been shown different prices for identical grocery products at the same stores and at approximately the same time.
A Consumer Reports/Groundwork investigation involving hundreds of shoppers reportedly found differences in prices displayed for identical products from identical stores, with some individual products varying by approximately 23% and differences also appearing at the basket level. Instacart maintained that the price differences resulted from randomized testing rather than the use of shoppers’ personal or demographic characteristics.
Consumers have also reported apparent account-to-account price differences. One reported example involved members of the same household assembling the same Costco order from the same location and delivery address while allegedly seeing different prices between the two Instacart accounts. Such reports do not establish that personal information caused the difference, but they illustrate the type of account-level pricing discrepancy being investigated.
Migliaccio & Rathod is investigating whether Instacart users were adequately informed that different consumers could be presented with different item prices and whether any such differences were influenced by account history, purchasing behavior, location, or other personal information.
Consumers May Have Experienced:
- Seeing different Instacart prices than another person for the same grocery item;
- Comparing prices with someone ordering from the same store and finding different item prices;
- Seeing different prices between two accounts using the same delivery address;
- Receiving different prices when logged into different Instacart accounts;
- Paying a higher total for an otherwise identical grocery basket; or
- Seeing account-specific price differences that could not be explained by store, location, or timing.
Potential Claims May Include:
- Failure to adequately disclose differentiated or individualized pricing;
- Misleading presentation of grocery prices;
- Failure to disclose the use of personal information in pricing, if established;
- Unfair or deceptive trade practices;
- Unjust enrichment; and
- Violations of applicable state consumer-protection laws.
Signs You May Be Affected:
- You purchased groceries through Instacart;
- You compared your prices with another Instacart customer;
- Another account showed a lower price for an identical item from the same store;
- Two accounts using the same delivery address displayed different prices;
- You have screenshots showing simultaneous or near-simultaneous price differences; or
- You paid more for an otherwise identical basket than another similarly situated shopper.
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.