If you’re looking for the Safeway lawsuit claim form to fill out and submit, there isn’t one to file anymore. The claim period for the Rodman v. Safeway online delivery pricing class action closed years ago, and the settlement administrator mailed payment checks to eligible class members beginning in July 2019. No late claims are being accepted, and there is no mechanism to reopen the case.
Which Safeway Lawsuit This Was
The settlement resolved Rodman et al v. Safeway, Inc., Case No. 11-cv-3003 in the Northern District of California. The core allegation was that Safeway’s online delivery agreement promised Safeway.com prices would match the in-store shelf price at the fulfilling store, but starting around 2010 the company added a roughly 10 percent markup to online orders without disclosing it. That markup was separate from the delivery fee.1United States Court of Appeals for the Ninth Circuit. Rodman v. Safeway, Inc., No. 15-17390 – Memorandum
The district court entered a stipulated judgment of about $42 million. Safeway appealed, and in August 2017 the Ninth Circuit affirmed, clearing the way for distribution.1United States Court of Appeals for the Ninth Circuit. Rodman v. Safeway, Inc., No. 15-17390 – Memorandum The class covered customers who placed online grocery delivery orders through Safeway.com or Vons.com and were charged the undisclosed markup, generally from mid-2011 through early 2016.
What the Claim Form Asked For While It Was Open
For readers holding an old notice or form, here is what the process required when it was active. Claims could be filed through the settlement administrator’s website or on a paper form mailed in by the court-ordered deadline.
The form asked for identifying information tied to your past delivery orders, specifically your Safeway Club Card number or the email address linked to your online shopping account. The administrator used that information to cross-reference Safeway’s own transaction records and calculate the qualifying orders on file. You also had to provide your full name, mailing address, and contact information for payment and correspondence, and sign a declaration under penalty of perjury that the information was accurate and that you were the account holder. If your original email was no longer accessible, a previous billing address or other account details could serve as secondary verification.
Paper submissions had to be postmarked by the deadline to count. Keeping the online confirmation number or a mailing receipt was the way to prove a timely filing.
How Payment Amounts Worked
Individual payments varied based on how many qualifying delivery orders a class member had during the class period and how many total valid claims were filed against the fund. Some class members reported checks as high as around $2,200, though most were smaller. Payments were issued by check to the mailing address on file with the administrator, after deductions for administrative costs and court-approved attorney fees.
What to Do Now If You Think You Were a Class Member
If you never submitted a claim, there is no late-filing option. Unclaimed money from a class action settlement is handled according to the court’s distribution plan, which can direct leftover funds to a cy pres recipient (a charitable organization related to the case’s subject) or back to the defendant after valid claims and expenses are paid.
If you did receive a check but never cashed it, look at the expiration date printed on it. Once that date passes, the funds revert to the settlement fund. The only avenue worth trying is contacting the settlement administrator directly, though for a case this far past final distribution, the chances of recovering anything are slim. The original settlement website was hosted at safewaygrocerydeliveryclassaction.com and may no longer be active.
Tax Treatment If You Received a Payment
Whether a class action payment counts as taxable income depends on what it replaced. The IRS applies an “origin of the claim” test: settlements for physical injury are generally excluded from income under Internal Revenue Code Section 104, while other settlements are generally taxable under IRC Section 61.2Internal Revenue Service. Tax Implications of Settlements and Judgments
The Safeway payments reimbursed customers for grocery overcharges, and there is a strong argument they function as a refund of purchase price rather than new income, which would generally make them non-taxable because they restore you to where you would have been without the overcharge. The interest portion of any payment, however, could be treated as taxable interest income. IRS Publication 4345 has additional guidance, and a tax professional can address your specific situation.