WinCo Foods, a well-known grocer in the US, has built a solid reputation for providing affordable and quality groceries while prioritizing its employees and communities. However, this commitment has come under scrutiny following the WinCo class action lawsuit. The lawsuit alleges that WinCo stores in Portland, Oregon, imposed a surcharge on non-grocery items without adequately notifying its customers.

At Sparrow, we specialize in helping class members discover a variety of class action lawsuits for which they may be eligible to file a claim. We have extensive experience in navigating class action opportunities across various fields, including consumer rights, employment practices, real estate, and digital services like the recent Amazon class action lawsuit.

With this experience on board, we’ve put together this blog to help those interested in learning more about the WinCo class action lawsuit. We’ll go into case details such as the primary allegations, WinCo’s response, and settlement details. We’ll also provide the general timeline of the case and give you tips on how you can stay updated on any class action lawsuits.

Let’s get started!

WinCo Foods Company Background

WinCo Foods is a popular grocery store chain with over 130 stores across the United States. It is known for its low prices and bulk food options and has a reputation for providing quality groceries at affordable prices. Since its founding in 1967, WinCo Foods has become a fairly reputable and successful supermarket chain based in Boise, Idaho.

The company makes use of an employee-ownership model, which many have praised for enriching long-term employees. They also emphasize having a positive impact on the communities that their stores serve. However, allegations in the WinCo class action lawsuit partly stemmed from these community-focused initiatives.

Case Details: What is the WinCo Class Action Lawsuit About?

The WinCo class action lawsuit was filed based on allegations that WinCo made customers pay a 1% surcharge on non-grocery items without giving sufficient disclosure to customers. Plaintiffs argue that WinCo did not properly itemize the surcharge on customer receipts, thereby concealing how much their purchases truly cost.

Allegations

The plaintiffs in the WinCo class action lawsuit allege that WinCo violated Portland, Oregon, laws by imposing a 1% surcharge on non-grocery items like beer, wine, and non-edible goods without properly informing customers. They argue that this constitutes unfair and deceptive business practices that breach consumer protection laws for paying more than the advertised prices.

Company’s Stance on the Case

Although they agreed to a settlement, WinCo maintains that they are not guilty of any wrongdoing. WinCo asserts that this surcharge was in compliance with Portland’s Clean Energy Fund, which was approved by voters in November 2018 to fund clean energy projects and job training programs. The Portland Clean Energy Fund states that retailers should add a 1% extra charge on sales of certain goods and services within Portland city limits.

WinCo remains adamant that the operators of the stores in question sufficiently disclosed itemized charges on receipts and did not intentionally conceal any surcharges from customers. They argue that they are not legally required to itemize each surcharge in a specific manner. However, the presiding judge responded that failing to do so may still constitute a violation of the Unfair Trade Practices Act.

Settlement Details

The WinCo class action lawsuit settlement is presided over by the CPT group and includes a fund totaling $3.6 million. The settlement amount will be distributed among eligible class members after attorney’s fees and litigation costs (totaling around $1.6 million) have been deducted. 

Aside from the cash payments, WinCo mentioned that they will direct their efforts towards ensuring that all customers are fully aware of the 1% surcharge and make the itemization of this surcharge much clearer on receipts.

Eligible class members include all customers who paid the unauthorized surcharge when they shopped at a WinCo store in Portland, Oregon, between June 1, 2019, and May 8, 2022. Depending on the total surcharge they paid during the given period, they can receive up to $200 in compensation, subject to adjustments based on the number of claims filed.

Timeline of Action: WinCo Class Action Lawsuit

The WinCo class action lawsuit is nearing the end of proceedings, with only the final hearing left. Here is how the timeline of action has transpired so far:

• Filing Date: The Simonin v. WinCo Foods LLC, Case No. 3:19-cv-02094-AR, was filed in November 2019 in the U.S. District Court for the District of Oregon.
• Claim Filing Deadline: The deadline to file claims passed on July 9, 2024.
• Final Hearing: The final approval hearing was scheduled for August 8, 2024, presided over by Oregon Senior Judge Henry Kantor at the U.S. District Court for the District of Oregon.
• Expected Payout Date: The settlement payment date is yet to be decided and will likely be announced after the final approval hearing.

Note that the claim filing deadline has passed, and the settlement is no longer taking new claim forms. If you have already filed a form, follow the official publications to get updates on the expected payout date. If you have not done so, the unclaimed settlement funds may be held back for more rounds of claims, so stay tuned for updates on that as well.

How to Stay Updated on Lawsuit Proceedings

Staying updated on lawsuit development is crucial for making sure that your interests are protected. If you were an eligible class member for the WinCo class action lawsuit but were not able to file a claim on time, here are some insights to make sure you stay updated:

1. Monitor Court Notices

The official court news outlet is often the first to be updated on crucial information, such as important dates and changes in the requirements for filing claims. It will also provide key updates on objections and rulings that may affect your claim. Make sure to activate your email notifications to receive updates as soon as they’re published.

2. Visit the Settlement Website

Similar to the official court news outlet, the settlement website will also be regularly refreshed with critical information, along with updates from the case’s legal counsel that may not be published on other official outlets. Settlement website URLs usually follow the format of a word or phrase relevant to the case, followed by “class action settlement.” For example, click the following link to access the settlement website for the WinCo class action lawsuit.

3. Attend Hearings

Attending hearings can give you a firsthand look at how the lawsuit is proceeding. Doing so can also give you the opportunity to voice your objections or ask for clarification directly from the presiding court. Directly engaging with the court is the best way to ensure your own viewpoints are considered for the final decision.

4. Follow News Outlets

Stay updated on news coverage from sources that specialize in commercial and legal developments. These sources can provide valuable insights into the progress of class action lawsuits, with some even able to bring information that official sources like court publications and the settlement website may not cover. 

5. Seek Legal Advice From Professionals

If you’re not sure about your rights as concerns the case you want to file a claim to, it may be best to consult with an attorney who specializes in class actions. Alternatively, you can also enlist the services of Sparrow for end-to-end guidance on the claims process. Sparrow specializes in helping people discover class action settlements they’re eligible for and helping them along the process of filing a claim and getting prompt and proper compensation.

Key Takeaway

The WinCo class action lawsuit highlights the importance of pricing transparency. As a similar class action lawsuit against Panera Bread showed, companies are fully accountable for making sure that their customers understand markups and surcharges well before they’re ready to make their purchase. 

The $200 compensation in the WinCo class action lawsuit guarantees that each class member can receive a fair share of the settlement funds, promoting transparency among retailers. This could even help establish clearer legal standards for pricing structures, making them more understandable and transparent for consumers.

Were you eligible to file a claim but were not able to do so on time? Get in touch with Sparrow the next time you discover a class action that you are eligible to join. Our expert guidance and assistance can help you navigate the process from filing a claim to receiving compensation, giving you the best possible chance of getting the compensation you deserve.